Activities of Jörgen WARBORN
Plenary speeches (33)
Amazon forest fires (debate)
The UK’s withdrawal from the EU (debate)
US tariffs on European goods following WTO's decision on the Airbus dispute (debate)
Multiannual Financial Framework 2021-2027 and own resources: time to meet citizens' expectations (debate)
Effects of the bankruptcy of Thomas Cook Group (debate)
Crisis of the WTO Appellate Body (debate)
Cross-border organised crime and its impact on free movement (debate)
SMEs and better regulation (debate)
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)
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)
Rule of Law conditionality in the framework of the MFF 2021-2027 and Next Generation EU (continuation of debate)
Announcement of voting results
EU Trade Policy Review (debate)
Future Relations between the EU and the UK (continuation of debate)
The EU-UK Trade and Cooperation Agreement - The outcome of EU-UK negotiations (debate)
Connecting Europe Facility - Streamlining measures for the realisation of the TEN-T - Railway safety and signalling: Assessing the state of play of the ERTMS deployment (debate)
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)
EU-Taiwan political relations and cooperation (debate)
The outcome of the EU-US Trade and Technology Council (TTC) (debate)
Multilateral negotiations in view of the 12th WTO Ministerial Conference in Geneva, 30 November to 3 December 2021 (debate)
Outcome of the EU-China Summit (1 April 2022) (debate)
Outcome of the Commission’s review of the 15-point action plan on trade and sustainable development (debate)
Sustainable maritime fuels (FuelEU Maritime Initiative) - Deployment of alternative fuels infrastructure (debate)
Sustainable maritime fuels (FuelEU Maritime Initiative) - Deployment of alternative fuels infrastructure (debate)
Sustainable maritime fuels (FuelEU Maritime Initiative) (A9-0233/2022 - Jörgen Warborn) (vote)
Presentation of the programme of activities of the Swedish Presidency (debate)
The need for a coherent strategy for EU-China Relations (debate)
Industrial Emissions Directive - Industrial Emissions Portal - Deployment of alternative fuels infrastructure - Sustainable maritime fuels (FuelEU Maritime Initiative) - Energy efficiency (recast) (joint debate - Fit for 55 and Industrial Emissions)
Industrial Emissions Directive - Industrial Emissions Portal - Deployment of alternative fuels infrastructure - Sustainable maritime fuels (FuelEU Maritime Initiative) - Energy efficiency (recast) (joint debate - Fit for 55 and Industrial Emissions)
State of the SME Union (debate)
EU-Switzerland relations (debate)
Need to complete new trade agreements for sustainable growth, competitiveness and the EU’s strategic autonomy (debate)
EU/New Zealand Free Trade Agreement (debate)
Reports (4)
RECOMMENDATION on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation in the context of negotiations under Article XXVIII of the GATT 1994 on the modification of Switzerland's WTO concessions with regard to seasoned meat
REPORT on the implementation of the common commercial policy – annual report 2018
RECOMMENDATION on the proposal for a Council decision on the conclusion on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the Union and Norway relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union
REPORT on the proposal for a regulation of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC
Shadow reports (5)
REPORT containing a motion for a non-legislative resolution on the draft Council decision on the conclusion of the Voluntary Partnership Agreement between the European Union and the Republic of Honduras on forest law enforcement, governance and trade in timber products to the European Union
RECOMMENDATION on the draft Council decision on the conclusion of the Voluntary Partnership Agreement between the European Union and the Republic of Honduras on forest law enforcement, governance and trade in timber products to the European Union
RECOMMENDATION on the draft Council decision on the conclusion of the Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union
REPORT containing a motion for a non-legislative resolution on the draft Council decision on the conclusion of the Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union
REPORT on the proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market
Opinions (1)
OPINION on EU-Switzerland relations
Shadow opinions (10)
OPINION on the recommendations on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland
OPINION on the EU’s role in protecting and restoring the world’s forests
OPINION on A New Industrial Strategy for Europe
OPINION with recommendations to the Commission on Digital Services Act: Improving the functioning of the Single Market
OPINION with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation
OPINION on a European strategy for data
OPINION on shaping the digital future of Europe: removing barriers to the functioning of the digital single market and improving the use of AI for European consumers
OPINION on the proposal for a regulation of the European Parliament and of the Council on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (artificial intelligence act) and amending certain union legislative acts
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework of measures for strengthening Europe’s semiconductor ecosystem (Chips Act)
Institutional motions (3)
MOTION FOR A RESOLUTION on measures to address the impact on European agriculture of the WTO ruling on the Airbus dispute
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
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
Oral questions (1)
Implementation of the better regulation agenda/reduction target for administrative burdens
Written explanations (10)
Transparency and targeting of political advertising (A9-0009/2023 - Sandro Gozi)
Moderaterna anser att det är viktigt att stävja desinformation och otillbörlig valpåverkan. Det är något som vi har drivit i flera lagstiftningar för att skydda integriteten av våra val och vår demokrati. Tyvärr medför det föreliggande förslaget om politisk reklam oönskade konsekvenser som bland annat riskerar att strida mot svensk grundlag. Förslaget gör det svårare för politiska partier att nå ut med sina budskap till väljare, försvårar möjligheten till politiska kampanjer och tar inte hänsyn till företags ekonomiska storlek gällande krav på redogörelser. Eftersom delar av förslaget snarare hämmar än stärker det demokratiska samtalet valde Moderaterna därför att avstå i slutomröstningen.
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.
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2022/003 ES/Alu Ibérica - Spain (A9-0154/2023 - Eider Gardiazabal Rubial)
Implementation of the Audiovisual Media Services Directive (A9-0139/2023 - Petra Kammerevert)
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.
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)
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.
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2023/001 BE/LNSA - Belgium (A9-0228/2023 - Eleni Stavrou)
Implementation of the European Solidarity Corps programme 2021-2027 (A9-0308/2023 - Michaela Šojdrová)
Moderaterna anser att det är bra att EU möjliggör för fler unga att delta i voluntärarbete genom den Europeiska solidaritetskåren och stödjer flera av de åtgärder som föreslås i betänkandet. Dock kräver betänkandet en fördubblad budget av det aktuella programmet. Med anledning av detta valde Moderaterna att avstå i voteringen.
Mobilisation of the European Globalisation Adjustment Fund – application EGF/2023/002 BE/Makro - Belgium (A9-0351/2023 - Petri Sarvamaa)
Written questions (29)
Safeguarding free competition in Swedish telecommunications
The Swedish Government's departure from the rule of law and attempts to interfere with the Emissions Trading System (ETS)
Poor infrastructure between major cities in Scandinavia
Rapid electrification of the vehicle fleet
Restrictions on trade in medical equipment
Continuing restrictions on trade in medical equipment
Green lanes and elimination of obstacles to the transport of goods across borders
Iron ore pellets in the EU Emissions Trading System
Extension of the Baltic-Adriatic TEN-T corridor over the Baltic Sea to Sweden
Fair distribution of financial support to airports
Funding for cross-border infrastructure projects
Disproportionate actions taken by the British legislature distorting competition for international hauliers in the light of Brexit
Hydroelectic power requirements in the draft delegated act related to the Taxonomy Regulation
Need for urgent action – Dr Djalali
Commission communication on better regulation
Reorientation support for Swedish companies
Coordinated training of customs officials in the EU and the UK under the new trade and cooperation agreement
Rollout of recharging and fuelling infrastructure in sparsely populated areas
Development of small and medium‑sized chapters in future free trade agreements
The use of the ‘one in, one out’ principle
Anti-dumping investigations concerning well-functioning free trade agreements (FTAs)
Reporting on the implementatation of the ‘one in, one out’ approach
Electrofuels based on fossil-free hydrogen
Forced deportations of Ukrainian citizens
Paperless trade
Availability of raw materials and geopolitical aspects of the Green Deal
Sluggish examination of the issue of state aid is hampering strategically significant port investment
The right of establishment for companies
The proposed ban on forced labour and the ‘one in, one out’ principle
Amendments (2144)
Amendment 83 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Reaffirms the Unions full commitment to WTO agreements and respect for the binding rules, including that of TRIPS, which is essential for securing a strong global IP eco-system that protects and promotes innovation and technology transfers, critical in reachig global goals in the area of health, socio- economic development, and the green transition;
Amendment 89 #
2023/2868(RSP)
Draft motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Reminds that any unilateral measures taken by members must adhere to commitments set under WTO rules and that any potential threat towards WTO compatibility must be avoided, and the decision to employ GATT exceptions carefully considered;
Amendment 14 #
2023/2110(INI)
Motion for a resolution
Recital C a (new)
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
Amendment 17 #
2023/2110(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas European competitiveness is lagging behind other developed economies, threatening Europe’s potential to generate wealth and prosperity
Amendment 27 #
2023/2110(INI)
Motion for a resolution
Paragraph 1 a (new)
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;
Amendment 46 #
2023/2110(INI)
Motion for a resolution
Paragraph 5 a (new)
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;
Amendment 47 #
2023/2110(INI)
Motion for a resolution
Paragraph 5 b (new)
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;
Amendment 83 #
2023/2110(INI)
Motion for a resolution
Paragraph 8 a (new)
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;
Amendment 172 #
2023/2110(INI)
Motion for a resolution
Paragraph 22 a (new)
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;
Amendment 179 #
2023/2110(INI)
Motion for a resolution
Paragraph 23 a (new)
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;
Amendment 46 #
2023/2107(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognises the comprehensive SME chapter, one of the first ever to be included in an EU EPA, and has served as a benchmark for other trade agreements; calls on the Commission to evaluate the effectiveness of all SME chapters in EU trade agreements, including an analysis of whether they meet the needs of SMEs to maximise the full benefits of the agreements, to serve as a base for future formulation of SME chapters in trade agreements.
Amendment 5 #
2023/2072(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that Chinese investments in Europe continued to decline in 2022, reaching a 10-year low of EUR 7.9 billion; recalls a shift in Chinese FDI from mergers and acquisitions (M&A) towards greenfield investments, primarily in battery technology, which is a key sector of the Green Transition1a; _________________ 1a https://rhg.com/research/chinese-fdi-in- europe-2022-update/
Amendment 16 #
2023/2072(INI)
3. Is nevertheless convinced that the trade and investment relationship between the EU and China is of strategic importance and should be rules-based, with the multilateral trading system and the principle of reciprocity at its core; welcomes a strategy built on the concept of ‘de-risking’, alongside higher degrees of awareness as regard vulnerabilities linked to the possible weaponisation of economic dependencies and the foreign control or influence on critical infrastructure;
Amendment 21 #
2023/2072(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that trade and investment are key drivers of sustainable growth, job creation and innovation and that the EU should therefore maintain its economic openness1 ; stresses however that a strategic balance must be found between the open character of the EU Single Market and the related security vulnerabilities, especially concerning economic coercion or threats to the integrity of European critical infrastructure; _________________ 1 Commission communication of 18 February 2021 entitled ‘Trade Policy Review – An Open, Sustainable and Assertive Trade Policy’ (COM(2021)0066).
Amendment 40 #
2023/2072(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s proposed European economic security strategy2 , which aims to maximise the benefits of the EU’s economic openness while minimising the risks resulting from economic interdependencies; approves of the fact that the strategy explicitly recognises that risks to the physical and cyber security of critical infrastructure are key security vulnerabilities for European economies; recommends that proposed outbound investment screening mechanism is built on an impact assessment that includes strong consultation from businesses to minimise any potential negative consequences on European competitiveness; _________________ 2 Joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 20 June 2023 on ‘European Economic Security Strategy’ (JOIN(2023)0020).
Amendment 41 #
2023/2072(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s proposed European economic security strategy2 , which aims to maximise the benefits of the EU’s economic openness while minimising the risks resulting from economic interdependencies; approves of the fact that the strategy explicitly recognises that risks to the physical and cyber security of critical infrastructure are key security vulnerabilities for European economies; is convinced that the protection of critical infrastructure should be a key element in the implementation of the strategy; _________________ 2 Joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 20 June 2023 on ‘European Economic Security Strategy’ (JOIN(2023)0020).
Amendment 42 #
2023/2072(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that EU responses must be built around an augmented understanding of the relevant strategic picture centred on cross-policy and cross- national threat assessments and vulnerability studies on critical infrastructure; is of the opinion that a decentralised or lacunar perception, lacking clear visibility and scrutiny over projects with strategic significance for Europe’s defence and security can greatly harm the Union’s geopolitical interests1a; recalls vulnerabilities linked to foreign interference, specifically in the information space, and the interplay between FDI projects and information manipulation operations by malign foreign actors; _________________ 1a Security implications of China-owned critical infrastructure in the European Union - DG EXPO in-depth analysis
Amendment 54 #
2023/2072(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that the Regulation on the screening of foreign direct investments3 addresses risks to security and public order resulting from investments from outside the EU; notes that critical infrastructure is among the factors that may be taken into consideration by the Member States or the Commission in determining whether an investment is likely to affect security or public order.; reiterates the key added value of the screening mechanism as a pertinent tool giving the Union and its Member States a better strategic overview and situational awareness regarding trends, targets, means and methods deployed by foreign actors to increase their economic and political influence; _________________ 3 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1).
Amendment 56 #
2023/2072(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the role of the EU as a promotor of quality infrastructure projects abroad, through initiatives such as the Global Gateway or through the G7 Partnership for Global Infrastructure and Investment; underlines the EU’s need to deliver on its value-based and sustainability-driven rhetoric of international infrastructure projects, acknowledging the vital geostrategic role such programs can have at the level of diversification, supply chain resilience, standard setting and regulatory alignment;
Amendment 60 #
2023/2072(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Argues that a key area of EU critical infrastructure is also its network of research institutes and R&D facilities, which play a pertinent role in the Union’s ability to deliver on its green and digital transitions, alongside key arenas such as space of defence; reminds of security vulnerabilities linked to forced technology transfers, IP-theft and knowledge leaks, both at home and abroad, and calls for increased vigilance in accounting for such threats to the EU’s ability to innovate and foster growth.
Amendment 19 #
2023/2059(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that an open, sustainable and assertive EU trade policy, coupled with ambitious trade agreements, would strengthen the competitiveness and resilience of European ports, and promote economic and social prosperity; stresses that Europe's long-term competitiveness is dependent on a global, rules based level playing field;
Amendment 55 #
2023/2059(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 59 #
2023/2059(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that the regulation on the screening of foreign direct investments2 addresses risks to security and public order resulting from investments from third countries, including those concerning European ports; Highlights the importance of providing legal predictability and certainty to secure an attractive European investment climate, in that regard, welcomes the review of the FDI Regulation and urges its mandatory application in all Member States, including an effective assessment process with reasonable time frames and confidentiality during the screening process; _________________ 2 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1).
Amendment 74 #
2023/2059(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the continous protection of, and support for, European ports on both national and regional level, including cautious enactment of legislative initiatives that could compromise their competitiveness and lead to business leakage to ports outside of the Union.
Amendment 1 #
2023/2031(INI)
Draft opinion
Recital A
Recital A
A. whereas extractive industries are the basis of added value, and whereas they are capital and labour intensivefor many developing countries natural resource extraction accounts for a significant proportion of GDP; whereas they have the potential to foster economic growth and social development in developing countries; whereas they are capital and labour intensive, and coherent strategies are required to harness their development potential;
Amendment 8 #
2023/2031(INI)
Draft opinion
Recital B
Recital B
B. whereas, in the context of fragmented globalisation, the fight for access to mining resources is intensifying, and mining resources, in particular critical raw materials, are key inputs to net-zero technologies, and will be indispensable to decarbonisation and to achieving the objectives of the European Green Deal and Paris Climate Agreement; whereas securing a secure, diversified, affordable and sustainable supply of such materials will be key to Europe’s net-zero transition; whereas, in order to maintain its competitiveness, the European Union must guarantee such access for its undertakings;
Amendment 11 #
2023/2031(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas achieving the Sustainable Development Goals by 2030 will require multi-stakeholder engagement between governments, development partners, industry, NGOs and local communities;
Amendment 41 #
2023/2031(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that this model must take account of the needs of local populations, ensure compliance with all ILO conventions and reduce its direct and indirect impact on the environment in the area of exploitation; urges the EU through its trade and investment strategy to encourage investments that contribute to the creation of local employment, and increase linkages between small and medium-sized enterprises and the supply chain associated with extractive industries development;
Amendment 43 #
2023/2031(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to use its FTAs and initiatives such as the Global Gateway to support the diversification of economies in developing countries that are primarily dependent on revenues from resource extraction; calls on the Commission to harness the strength of the single market, through trading arrangements and the generalised system of preferences, in order to encourage third countries to adopt legislative and good governance reforms that will help to enhance the sustainability of the extractive industries;
Amendment 51 #
2023/2031(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 56 #
2023/2031(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the EU to encourage trading partners to also promote sustainable resource management in their trade and investment relations, through cooperation in international fora and the sharing of best practices;
Amendment 2 #
2023/2001(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Startegic Partnership on Critical Raw Materials between Canada, of the one part, and the European Union and its Member States, of the other part,
Amendment 28 #
2023/2001(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. wheras Canada was the first country with which the EU established a Strategic Partnership on Critical Raw Materials;
Amendment 65 #
2023/2001(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the two most important product categories that the EU and Canada export to each other are machinery, accounting for around 40 % of both exports and imports, and chemical, pharmaceutical and plastic products, making up around 20 % of total exports and imports; notes, however, that the mining and extraction sector is highly significant when it comes to imports from Canada, compared to other trading partners, accounting for nearly 20 % of the EU’s total imports from Canada; underlineHighlights that access to critical raw materials from a reliable trading partners, including Canada, is a key element of the EU's Critical Raw Materials strategy and vital to delivering a sustainable green transition;
Amendment 69 #
2023/2001(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the signing in July 2021 of the EU-Canada Srategic Partnership on Critical Raw Materials within the framework of CETA; notes that this will help to integrate EU-Canada raw material value chains and foster collaboration in science, technology and innovation;
Amendment 71 #
2023/2001(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the fact that European and Canadian firms are making increasing and continuous use of preferences granted by CETA, with preference utilisation rates of EU imports from Canada standing at 65 % in 2021 compared to 52 % in 2018; notes that the utilisation rate is still lower, though increasing for EU exports, reaching 58 % in 2021 compared to 40 % in 2018; notes with interest that smaller companies are using the preferences to a larger extent than large companies and that utilisation rates are significantly higher for agri-food industries compared to manufacturing industries; stresses that the low utilisation rates in key sectors for several EU members indicate foregone cost savings and diminished welfare gains from the agreement; encourages both partners to continue to promote actions to raise awareness of CETA among stakeholders in both regions, including through the EU's "Access2Market" platform;
Amendment 83 #
2023/2001(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the parties to make available all the legal and administrative support and tools SMEs need to engage in trade and investment under CETA, in order to foster an increase in exchanges and to enhance participation so they can reap the benefits of CETA, including through active measures to facilitate the internationalisation of SMEs, simplify procedures, and address technical barriers to trade that disproportionately affect SMEs; welcomes, in this regard, the recommendation on SMEs adopted by the Joint Committee in 2018, and the subsequent action plans, including concrete actions such as the launch of the Access2Markets platform in October 2020, which supports SMEs with practical information on trade agreements and trade barriers;
Amendment 95 #
2023/2001(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that CETA provides a framework that fosters both trade and climate action by including commitments to cooperate on trade-related environmental issues of common interest such as climate change, as demonstrated by the recommendation on trade, climate action and the Paris Agreement, notably with the promotion of clean technologies, such as hydrogen; welcomes the growth of the environmental goods trade by 27 % since provisional application started;
Amendment 96 #
2023/2001(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Welcomes the launch of the EU- Canada Digital Partnership as a key enabler of the green and digital transition; calls on both parties to strengthen their cooperation in the framework of the CETA implementation on issues of strategic mutual interest such as artificial intelligence, cybersecurity and the fight against disinformation;
Amendment 103 #
2023/2001(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Insists on the effective implementation of the specific commitments related to the trade and sustainable development (TSD) provisions, which are an integral part of CETA and are essential to the accomplishment of the objectives set; takes note that in 2024 the Commission will conduct an ex post evaluation of CETA, including its TSD chapter, involving independent experts; believes that efforts targetting better implementation of the TSD chapter or its review should be preceded by a meaningful consultation of all stakeholders, including business and SME organisations, and shall not entail a re-opening of the agreement;
Amendment 105 #
2023/2001(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Notes that the UK ceased to be a member of the European Union following the provisional application of CETA; notes that the UK and Canada have agreed a series of bilateral trading arrangements to take account of this, including with regards to TRQ use and cumulation; notes that some of these agreements will cease to apply after 2024, which may present minor disruptions to established supply chains; calls on the Commission to explore the possibility for new agreements where these disruptions may negatively affect Union economic operators;
Amendment 113 #
2023/2001(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the parties to reviewmake use of the review clause CETA in order to introduce a suitable and effective dispute settlement mechanism, including the consideration of, among various enforcement methods, sanctions as a deterrent to be used, as a last resort, in the case of serious breaches;
Amendment 116 #
2023/2001(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that most of the concerns expressed before the provisional application of the agreement, including the overtake of Canadian agricultural products onto the EU market, have not materialised; Urges Belgium, Bulgaria, Cyprus, France, Greece, Hungary, Ireland, Italy, Poland and Slovenia to ratify CETA, as this will also be essential in order to update the agreement, and reiterates the importance of full application of CETA, including its investment protection provisions;
Amendment 143 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 96/53/EC
Article 4 – paragraph 4 – first subparagraph
Article 4 – paragraph 4 – first subparagraph
Member States may allow vehicles or vehicle combinations used for transport which carry out certain national or international transport operations that do not significantly affect international competition in the transport sector to circulate in their territory with weights or dimensions deviating from those laid down in points 1.1, 1.2, 1.3, 1.4 to 1.8, 2, 4.1, 4.2 and 4.4 of Annex I.
Amendment 147 #
2023/0265(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 96/53/EC
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) the Member State which permits transport operations to be carried out in its territory by vehicles or vehicle combinations with weights or dimensions deviating from those laid down in Annex I also permits the circulation of European Modular Systems pursuant to paragraph 4a, so as to achieve at least the loading length authorised in that Member State, and so that every operator may benefit from equal conditions of competition.
Amendment 7 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises that the full implementation of the VPA will be a long- term process which will require the adoption of a whole set of legislation and adequate administrative capacity and expertise for its implementation and enforcement; recalls that FLEGT licensing can only begin once Côte d’Ivoire has demonstrated the readiness of its TLAS; calls therefore on any measures that can support the reduction of burdensome administrative processes; urges both partners to identify digital possibilities that can simplify the process, for instance paperless solutions such as e-certificates;
Amendment 9 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the implementation stage requires continued consultations and stakeholder involvement; calls on the Commission and the EU Delegation in Côte d’Ivoire to provide sufficient capacity-building and logistical and technical support in the framework of present and future development cooperation instruments in order to enable Côte d’Ivoire to fulfil the commitments for the implementation of its TLAS and related measures; recommends both partners to leverage digital opportunities where appropriate, such as traceability and block chain technologies that can facilitate the implementation and enforcement of the VPA;
Amendment 12 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognises the EU’s Deforestation Regulation that has now entered into force, which should complement FLEGT and other initiatives that address illegal deforestation; urges partners to avoid duplication of these measures and streamline actions so as to maximise the benefits for businesses, citizens and the environment; insists on the need for adequate support mechanisms, in particular to SMEs and smallholder farmers, in the implementation of the Regulation;
Amendment 17 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls to strengthen the role and participation of the private sector in the VPA implementation and to assist operators, in particular SMEs, in building capacity to ensure better clarity, understanding and compliance with the requirements of the agreement;
Amendment 20 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of forest jobs and rural employment in the economy of Côte d’Ivoire that should be taken into account in the implementation of the agreement; in this respect considers that the Commission and the Côte d’Ivoire authorities should conduct an exhaustive assessment on the impact of the VPA on the workers and small producers of the sector who could be affected by the increased logging controls; asks the Commission to promote and support programmes for the reconversion of those workers and producers into other activities;
Amendment 24 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises that the VPA with Côte d’Ivoire as well as those with other countries prove that trade agreements can work without threatening the imposition of sanctions, by including different means of control and cooperation;
Amendment 25 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Underlines that VPAs provide an important legal framework for both the EU and its partner countries, made possible with the good cooperation and engagement by the countries concerned; stresses therefore that new VPAs with additional partners should be promoted;
Amendment 26 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the EU Member States to fully comply with and implement the EU Timber Regulation; and to align with the requirements of the Deforestation;
Amendment 7 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises that the full implementation of the VPA will be a long- term process which will require the adoption of a whole set of legislation and adequate administrative capacity and expertise for its implementation and enforcement; recalls that FLEGT licensing can only begin once Côte d’Ivoire has demonstrated the readiness of its TLAS; calls therefore on any measures that can support the reduction of burdensome administrative processes; urges both partners to identify digital possibilities that can simplify the process, for instance paperless solutions such as e-certificates;
Amendment 9 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the implementation stage requires continued consultations and stakeholder involvement; calls on the Commission and the EU Delegation in Côte d’Ivoire to provide sufficient capacity-building and logistical and technical support in the framework of present and future development cooperation instruments in order to enable Côte d’Ivoire to fulfil the commitments for the implementation of its TLAS and related measures; recommends both partners to leverage digital opportunities where appropriate, such as traceability and block chain technologies that can facilitate the implementation and enforcement of the VPA;
Amendment 12 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognises the EU’s Deforestation Regulation that has now entered into force, which should complement FLEGT and other initiatives that address illegal deforestation; urges partners to avoid duplication of these measures and streamline actions so as to maximise the benefits for businesses, citizens and the environment; insists on the need for adequate support mechanisms, in particular to SMEs and smallholder farmers, in the implementation of the Regulation;
Amendment 17 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls to strengthen the role and participation of the private sector in the VPA implementation and to assist operators, in particular SMEs, in building capacity to ensure better clarity, understanding and compliance with the requirements of the agreement;
Amendment 20 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of forest jobs and rural employment in the economy of Côte d’Ivoire that should be taken into account in the implementation of the agreement; in this respect considers that the Commission and the Côte d’Ivoire authorities should conduct an exhaustive assessment on the impact of the VPA on the workers and small producers of the sector who could be affected by the increased logging controls; asks the Commission to promote and support programmes for the reconversion of those workers and producers into other activities;
Amendment 24 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises that the VPA with Côte d’Ivoire as well as those with other countries prove that trade agreements can work without threatening the imposition of sanctions, by including different means of control and cooperation;
Amendment 25 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Underlines that VPAs provide an important legal framework for both the EU and its partner countries, made possible with the good cooperation and engagement by the countries concerned; stresses therefore that new VPAs with additional partners should be promoted;
Amendment 26 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the EU Member States to fully comply with and implement the EU Timber Regulation; and to align with the requirements of the Deforestation;
Amendment 185 #
2023/0200(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The commitment appropriations and corresponding payment appropriations from the Ukraine Reserve should preferably be mobilised annually within the budget over and above the ceilings of the Multiannual Financial Framework.
Amendment 85 #
2023/0133(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 160 #
2023/0133(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52 a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure. Any potential threat towards TRIPS must be taken into account before the application of this legislation.
Amendment 173 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 208 #
2023/0133(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a The competence centre shall be set up 24 months before the application of this Regulation. The competence centre shall be equipped with the right expertise and resources and coordinated with both regional and global IP organisations, such as the European Patent Organisation and the World Intellectual Property Organisation.
Amendment 250 #
2023/0133(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 253 #
2023/0133(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 255 #
2023/0133(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 263 #
Amendment 333 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
Amendment 341 #
2023/0133(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 475 #
2023/0133(COD)
Proposal for a regulation
Article 66
Article 66
Amendment 488 #
2023/0133(COD)
Proposal for a regulation
Article 69 a (new)
Article 69 a (new)
Article 69a Impact assessment No later than 6 months after the application of this Regulation, external experts shall create an impact assessment evaluating its WTO compatibility, its impact on the European and global IP and innovation ecosystem as well as its effect on European competitiveness.
Amendment 489 #
2023/0133(COD)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. By [OJ: please insert the date = 51 years from entry into force of this regulation] the Commission shall revaluate the effectiveness and efficiency of the SEP registration and the essentiality check systemiew the application, enforcement and impact of this Regulation and present a report to the European Parliament and the Council. The report shall in particular assess the following issues: a) the effectiveness of this Regulation in achieving its intended goal, increasing transparency b) the cost-benefit to SEP holders and implementers of this Regulation c) the overall impact on the IP and innovation ecosystem in Europe and globally d) the impact of this regulation on SMEs and micro enterprises e) the impact on trade and the competitiveness of the Union’s industry g) the impact in terms of administrative burdens for the economic operators h) whether the regulation goes against WTO compatibility and TRIPS. Where the Commission considers it appropriate, the report should be accompanied by relevant legislative proposals or repeal the existing regulation.
Amendment 492 #
2023/0133(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. By [OJ: please insert the date = 8 years from entry into force of this regulation], and every fivthree years thereafter, the Commission shall evaluate the implementation of this Regulation. The evaluation shall assess the operation of this Regulation, in particular the impact, effectiveness and efficiency of the competence centre and its working methods.
Amendment 494 #
2023/0133(COD)
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. When preparing the evaluation reports referred to in paragraphs (1) and (2), the Commission shall consult the EUIPO and stakeholder, EPO, the World Intellectual Property Organisation and other global stakeholders, including third country governments, as well as business representatives and innovators, including small and medium enterprises.
Amendment 495 #
2023/0133(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. It shall apply from … [OP: please insert the date = 2436 months after the date of entry into force of this Regulation].
Amendment 17 #
2023/0081(COD)
Proposal for a regulation
Recital 4
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.
Amendment 19 #
2023/0081(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The higher energy prices after the unjustified and unlawful military aggression by the Russian Federation against Ukraine, gave a strong impetus to accelerate the implementation of the European Green Deal and reinforce the resilience of the Energy Union by speeding up the clean energy transition and ending any dependence on fossil fuels exported from the Russian Federation. The REPowerEU plan35 plays a key role in responding to the hardships and global energy market disruption caused by the invasion of Ukraine by the Russian Federation. That plan aims to accelerate the energy transition in the European Union, in order to reduce the Union’s gas and electricity consumption and to boost investments in the deployment of energy efficient and low carbon solutions. That plan sets inter alia the targets to double solar photovoltaic capacity by 2025 and to install 600 GW of solar photovoltaic capacity by 2030; to double the rate of deployment of heat pumps; to produce 10 million tonnes of domestic renewable hydrogen by 2030; and to substantially increase production of biomethane. The plan also sets out that achieving the REPowerEU goals will require diversifying the supply of low carbon energy equipment and of critical raw materials, reducing sectoral dependencies, overcoming supply chain bottlenecks and expanding the Union’s clean energy technology manufacturing capacity. As part of its efforts to increase the share of renewable energy in power generation, industry, buildings and transport, the Commission proposes to increase the target in the Renewable Energy Directive to 45% by 2030 and to increase the target in the Energy Efficiency Directive to 13%. This would bring the total renewable energy generation capacities to 1236 GW by 2030, in comparison to 1067 GW by 2030 envisaged under the 2021 proposal and will see increased needs for storage through batteries to deal with intermittency in the electricity grid. In addition, in order to ensure security of supply within the electricity grid, major expansion of plannable fossil-free nuclear energy is required, including both modernisation of existing nuclear energy facilities and the establishment of new large-scale nuclear energy facilities and small modular reactors. Similarly, policies related to the decarbonisation of the roadtransport sector, such as Regulation (EU) 2019/631 and Regulation (EU) 2019/1242, Regulation (EU) 2019/1242 and Regulation (EU) 2021/0210* (*FuelEU Maritime), will be strong drivers for a further electrification of the road transport sector and thus increasing demand for batteries and charging infrastructure. _________________ 35 Communication of 18 May 2022 from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, REPowerEU Plan, COM/2022/230 final, 18.05.2022.
Amendment 21 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, flexibility and grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuelstechnologies to produce energy from nuclear processes and their related fuel cycle, carbon capture, utilisation, and storage technologies, renewable material technologies and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 24 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by 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, modern nuclear energy technologies, including small modular reactors and related best-in- class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 29 #
2023/0081(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Union’s decarbonisation objectives, security of energy supply, digitalisation of the energy system and electrification of demand, for example in mobility, ands well as the need for fast recharging points and high-capacity shore-side power supply, require an enormous expansion of electricity grids in the European Union, both at transmission level and at distribution level. At transmission level, high-voltage direct current (HVDC) systems are needed to connect offshore renewable energies; while at distribution level, connecting electricity providers and managing demand-side flexibility builds on investments in innovative grid technologies, such as electric vehicles smart charging (EVSC), shore-side power supply for vessels, energy efficiency building and industry automation and smart controls, advanced meter infrastructure (AMI) and home energy management systems (HEMS). The electricity grid needs to interact with many actors or devices based on a detailed level of observability, and hence availability of data, to enable flexibility, smart charging and smart buildings with smart electricity grids enabling demand side response from consumers and the uptake of renewables. Connecting the net-zero technologies to the network of the European Union requires the substantial expansion of manufacturing capabilities for electricity grids in areas such as offshore and onshore cables, substations and transformers.
Amendment 35 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, nuclear energy technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 37 #
2023/0081(COD)
Proposal for a regulation
Recital 12
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 in its various forms and, demand- side management or production of e-fuels for the transport sector and industry.
Amendment 46 #
2023/0081(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Without prejudice to Union legislation applicable to a specific technology, including under the Proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products44 and the Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries45 , and unless otherwise indicated therein, when evaluating the environmental sustainability of the net-zero solutions procured on the basis of this Regulation, contracting authorities and contracting entities may take into account various elements with an impact on the climate and the environment. These may include, for instance, the durability and reliability of the solution; the ease of repair and maintenance; the ease of upgrading and refurbishment; the ease and quality of recycling; the use of substances; the consumption of energy, water and other resources in one or more life cycle stages of the product; the weight and volume of the product and its packaging; the incorporation of renewable materials or used components; the quantity, characteristics and availability of consumables needed for proper use and maintenance; the environmental footprint of the product and its life cycle environmental impacts; the carbon footprint of the product; the microplastic release; emissions to air, water or soil released in one or more life cycle stages of the product; the amounts of waste generated; the conditions for use. _________________ 44 Proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC, COM/2022/142 final, 30.03.2022. 45 Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020, COM/2020/798 final, 10.12.2020.
Amendment 52 #
2023/0081(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 55 #
2023/0081(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) At the same time, the unpredictability, complexity and at times, excessive length of national permit- granting processes undermines the investment security needed for the effective development of net-zero technologies manufacturing projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedures. In addition, Net-Zero Strategic Projects should be given priority status at national level to ensure rapid administrative treatment and urgent 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. In addition, existing legal acts of relevance to any aspect of the authorisation process for net-zero projects should be screened so as to ensure that they do not obstruct or prevent achievement of the objectives of this Regulation.
Amendment 58 #
2023/0081(COD)
Proposal for a regulation
Recital 62
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 once fulfilling the criteria as referred to in Article 3(1)(a).
Amendment 59 #
2023/0081(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) Since strengthening the manufacturing capacity of key net-zero technologies in the Union will not be possible without a sizeable skilled workforce, it is necessary to introduce measures to 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.
Amendment 62 #
2023/0081(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) The Union should aim to diversify and expand the scope of international trade and investments in net- zero technologies and to, with a view to minimising the risk of disruption to major supply chains, as well as 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.
Amendment 64 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zero technologies in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, as well as enhancing the Union's industrial and economic competitiveness, and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobs.
Amendment 75 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable 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 listed in the Annex, or any technology listed in a subsequent delegated adopted by the European Commission on the basis of Article 32, which has a substantial impact on climate change mitigation, promotes European technological excellence and resilience of energy systems, and fulfils the technical criteria as referred to in Article 29(7a).
Amendment 80 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable 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 fuel, small modular reactors; 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 87. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 100 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) 12nine months for the construction of net-zero technology manufacturing projects with a yearly manufacturing capacity of less than 1 GW;
Amendment 103 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) 182 months for the construction of net-zero technology manufacturing projects, with a yearly manufacturing capacity of more than 1 GW.
Amendment 110 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the net-zero technology manufacturing project contributes to the technological and industrial resilience of the Union’s energy system by increasing the manufacturing capacity of a component or part in the net-zero technology value chain for which the Union heavily depends on imports coming from a single third country ;
Amendment 140 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
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.
Amendment 141 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 2
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.
Amendment 146 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 7 a (new)
Article 29 – paragraph 7 a (new)
Amendment 153 #
2023/0081(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend the Annex of this Act as referred to in Article 3(1)(a), the modalities in which agreements between entities referred to in Article 18(1) and investments in storage capacity held by third parties are taken into account to meet their individual contribution set out in Article 18 (5), as well as the content of the reports referred to in Article 18 (6).
Amendment 154 #
2023/0081(COD)
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
With regards to delegated acts amending the Annex of this Act, the Commission shall annually review and, when necessary, update the Annex by issuing a delegated act. The first review of the Commission shall be issued by [1 year after the date of entry into force of this Regulation]. The Commission shall base its review and update on a recommendation issued by the Net-Zero Industry Expert Group as referred to in Article 29(7a).
Amendment 156 #
2023/0081(COD)
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
Amendment 163 #
2023/0081(COD)
Proposal for a regulation
Annex I
Annex I
Strategic net-zero technologies 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)and sustainable alternative fuel technologies covered by Directive (EU) 2018/2001 of the European Parliament and of the Council on the promotion of the use of energy from renewable sources 7 Carbon Capture and storage (CCS) and Carbon Capture and Utilisation (CCU) technologies 8 Flexibility and Grid technologies 8a Technologies to produce energy from nuclear processes and their related fuel cycle 8b Renewable raw material technologies
Amendment 48 #
2023/0079(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition, with serious vulnerabilities linked to the possible weaponisation of supply dependencies and bottlenecks. Furthermore, if not managed properly, increased demand for critical raw materials could lead to negative environmental and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 52 #
2023/0079(COD)
Proposal for a regulation
Recital 2
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.
Amendment 55 #
2023/0079(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials, including trough the ratification of new FTAs with third countries. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union.
Amendment 57 #
2023/0079(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure that the measures set out in the Regulation focus on the most relevant materials, a list of strategic raw materials and a list of critical raw materials should be established. Those lists should also serve to guide and coordinate Member States’ efforts to contribute to the realisation of the aims of this Regulation. The list of strategic raw materials should contain raw materials that are of high strategic importance, taking into account their use in strategic technologies underpinning the green and digital transitions or for defence or space applications, that are characterised by a potentially significant gap between global supply and projected demand, and for which an increase in production is relatively difficult, for instance due to long lead-times for new projects increasing supply capacity. To take account of possible technological and economic changes, the list of strategic materials should be periodically reviewed and, if necessary, updated. Moreover, the list will be based on a clear and transparent methodology, allowing for increased predictability and stability for European economic operators. In order to ensure that efforts to increase the Union capacities along the value chain, reinforce the Union’s capacity to monitor and mitigate supply risks and increase diversification of supply are focused on the materials for which they are most needed, the relevant measures should only apply to the list of strategic raw materials.
Amendment 58 #
2023/0079(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Decarbonisation efforts in European industrial processes also require secondary raw materials. These are key for the development of technologies which will enable the green and digital transitions. A sub-list of strategic secondary raw materials should be established within the strategic raw materials in order to prioritise the supply of specific materials, in line with the following: their role in decarbonisation endeavours; forecasted growth in global demand; potential bottlenecks and dependencies; scarcity of supply in the EU or related technological difficulties; potential for recovery of critical raw material. The assessment should also take into account strategic forecast analyses to address future bottlenecks or supply disruption.
Amendment 63 #
2023/0079(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To strengthen Union capacities along the strategic raw materials value chain, benchmarks should be set to guide efforts and track progress. The aim should be to increase capacities for each strategic raw material at each stage of the value chain, while aiming to achieve overall capacity benchmarks for extraction, processing and recycling of strategic raw materials. Firstly, the Union should increase the use of its own geological resources of strategic raw materials and build up capacity, including through innovative technologies and relevant skills, to allow it to extract the materials needed to produce at least 10 % of the Union's consumption of strategic raw materials. Keeping in mind that extraction capacity is highly dependent on the availability of Union geological resources, the achievement of this benchmark is dependent on such availability. Secondly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 40 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials can be covered by secondary raw materials, which would improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to produce at least 15 % of the Union’s annual consumption of strategic raw materials. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the Council29 and the digital targets under the Digital Decade30 , which they underpin. Furthermore, quality jobs, including skills development and job-to-job transitions, will address risks in the sectoral labour market and help ensure the EU’s competitiveness. These benchmarks must remain flexible, given the differing chemical properties, geological availability and overall specificities of the materials in question. _________________ 29 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1). 30 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJL 323, 19.12.2022, p. 4–26 )
Amendment 83 #
2023/0079(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Imports of raw materials present in Annexes 1 and 2 of this regulation play a key role in efforts to diversify supply and increase the resilience of EU supply chains. Importantly, these imports must observe the principle of fair competition as the Union market operates on a level playing field. The Commission shall act swiftly and assertively when evidence suggests unfair trade practices, effectively implementing the Union's trade defence toolbox.
Amendment 88 #
2023/0079(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Within the Union, critical raw materials projects often face difficulties with access to finance. Critical raw materials markets are often characterised by high volatility of prices, long lead times, bureaucracy, excessive implementation of Union legislation, high concentration and opacity. Additionally, financing for the sector requires a high level of expert knowledge that is often lacking among financial institutions. To overcome these factors and contribute towards ensuring a stable and reliable supply of strategic raw materials, Member States and the Commission should assist in access to finance and administrative support. Member States should furthermore strive to ensure long-term predictability and reducing bureaucracy in order to encourage private financing.
Amendment 90 #
2023/0079(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) In a long-term perspective, raw material projects will not be able to rely solely on public financing, especially as State aid financing might not be as generous in the future. When the European Critical Raw Materials Board and its subgroups give advice to projects, a priority should be given to private sources of financing. The better able companies and project are able to attract private capital, the more competitive they will be in an international business environment.
Amendment 126 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. When assessing the effectiveness of relevant measures to attain the benchmarks, including as concerns the review stipulated by Article 46, the Commission shall apply a tailored approach to the different raw materials, in line with their specificities, availability, use and recycling possibilities.
Amendment 138 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 30
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;
Amendment 145 #
2023/0079(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 36 to amend Annex I, Section 1 in order to update the list of strategic raw materials, in line with a clear and transparent methodology.
Amendment 191 #
2023/0079(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point 1 (new)
Article 7 – paragraph 1 – point 1 (new)
Amendment 238 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(ba) assistance to ensure predictable, regular, timely and clear communication to project promoters, especially in cases where the information flow is at risk to delay the project
Amendment 243 #
2023/0079(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Two years after the entry into force of this Regulation, the standing subgroup referred to in Article 35(6) shall publish a report which details the obstacles to accessing financing for raw materials, in particular Strategic Projects.
Amendment 305 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point a a (new)
Article 25 – paragraph 1 – point a a (new)
(aa) facilitate cross-border transport of waste for it to be processed in another State in the EEA for the extraction of raw materials or used for research purposes.
Amendment 312 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 (new)
Article 25 – paragraph 1 – subparagraph 1 (new)
the national programmes and measures shall be designed to allow for the free flow of products and raw materials across the EEA.
Amendment 332 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 3 – point c a (new)
Article 30 – paragraph 3 – point c a (new)
(ca) the associated economic costs and administrative burden for economic operators.
Amendment 309 #
2023/0053(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a – paragraph 2 – indent 1
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);
Amendment 348 #
2023/0053(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) 16 years for categories AM, A1 and B1;
Amendment 349 #
2023/0053(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) 15 years for category AM;
Amendment 439 #
2023/0053(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – point c
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.
Amendment 90 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the dedicated chapter on SMEs, however, given that this FTA is considered to act as a benchmark for future trade agreements, considers that more can be done to address the needs of SMEs and maximise their full benefit from the agreement; calls on the Commission to evaluate the effectiveness of all SME chapters in EU trade agreements, including an analysis of whether they meet the needs of SMEs to maximise the full benefits of the agreements, to serve as a base for future formulation of SME chapters in trade agreements.
Amendment 19 #
2022/2172(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the crucial and growing importance of the EU budget in delivering on virtually all of the EU’s key policy objectives, its flagship programmes and its crisis intervention; underlines the multiple challenges the EU is facing such as building up its open strategic autonomy, ending its reliance upon Russian fossil fuels, completing the health union and the energy union and financing important common projects such as defence, civil protection and space; considers that all new EU policies and challenges must involve new means and extra resources; reiterates, in this regard, that robust, reliable and resilient financing of the EU budget requires a diversified and enlarged set of own resources; is convinced that there is hugethere is potential in a well-designed reform of the EU own resources not only for strengthening the financing of its budgetary needs, but also for boosting its policy outputs, improving the fiscal equilibrium between the EU and Member States and adding value to overall public finance;
Amendment 22 #
2022/2172(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the crucial and growing importance of the EU budget in delivering on virtually all of the EU’s key policy objectives, its flagship programmes and its crisis intervention; underlines the multiple challenges the EU is facing such as building up its strategic autonomy, ending its reliance upon Rufossian fossil fuelsl fuels especially from Russia, completing the health union and the energy union and financing important common projects such as defence, civil protection and space; considers that all new EU policies and challenges must involve new means and extra resources; reiterates, in this regard, that robust, reliable and resilient financing of the EU budget requires a diversified and enlarged set of own resources; is convinced that there is huge potential in a well- designed reform of the EU own resources not only for strengthening the financing of its budgetary needs, but also for boosting its policy outputs, improving the fiscal equilibrium between the EU and Member States and adding value to overall public finance as well as putting a stop to ever higher GNI contributions from member states;
Amendment 34 #
2022/2172(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 43 #
2022/2172(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets that the current way in which the EU budget is financed subjects it to national budgetary constraints, thus leading to undue downward pressure on its – already modest – overall volume and a ‘juste retour’ logic that does not reflect fully the solidarity principle at the core of EU integration; believes that this structure is one of the main reasons preventing the EU from fulfilling all its tasks effectively; is very concerned by the slow progress in the modernisation of the own resources system since the creation of the European Communities;
Amendment 45 #
2022/2172(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 52 #
2022/2172(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges all actors to continue the efforts to identify fresh and new, preferably genuine, own resources and other revenue sources for the EU budget with the aim of fully covering the overall expected expenditure for the repayment of the principal and the interest of the funds borrowed under the NGEU and reinforcingmaking sure that the EU bBudget where the ‘1 % of EU GDP dogma’ is to be abandonedcan properly deliver on key EU policies;
Amendment 57 #
2022/2172(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the EU revenue side should be used strategically to create incentives for morestrengthen the EU´s competitiveness and to create incentives for more innovation in Europe as well as social and tax justice; underlines that green own resources should be complemented by tax-based own resources from the corporate sector for reasons of sufficiency, fiscal equivalence (those who benefit from the EU and its open markets should also contribute their fair share to its financing) and overall distributional fairness among Member States and sectors, always taking into account the competiveness of European industry;
Amendment 97 #
Amendment 104 #
2022/2172(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 107 #
2022/2172(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 116 #
2022/2172(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 119 #
2022/2172(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 121 #
2022/2172(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 124 #
2022/2172(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 134 #
2022/2172(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 143 #
2022/2172(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 89 #
2022/2140(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that new digital technologies, in particular AI, can greatly improve safety and security in the transport system; points out in this regard that since transport hubs are among the locations most exposed to crime and frequent locations for violence and serious disturbances, many citizens, women in particular, refrain from using collective transport due to the experience of insecurity; stresses, therefore, that the EU should create a strategy to increase the uptake of advanced AI based surveillance systems, in order to prevent and combat gender based violence in collective transport;
Amendment 94 #
2022/2140(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Deplores that the AI Regulation which is currently underway would significantly hamper the law enforcement's ability to combat crime in the collective transport systems, especially violent offenses like robberies, assaults and sexual harassment that women fall victims to; Calls on the co-legislators to reject the parts of the Commission's proposed Regulation that would ban law enforcement's and transport agencies' use of AI in real-time surveillance systems; Underlines that such advanced AI systems could be a powerful tool to combat crimes that women fall victims to, and greatly improve safety, security and attractiveness of collective transport, in particular in locations without physical surveillance;
Amendment 118 #
2022/2140(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
Amendment 291 #
2022/2023(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes the potential to increase the general efficiency of the transport system through the deployment of AI in vehicles, traffic management systems and optimized public transport planning, which may in combination shorten travel times and reduce congestion, pollution and costs.
Amendment 294 #
2022/2023(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Brings attention to the fact that progress in reducing EU road fatality rates has stagnated in the last two decades and considers a broader deployment of AI safety features in vehicles to be the most important tool to accelerate towards Vision Zero.
Amendment 295 #
2022/2023(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Underlines that the deployment of AI in transport can eliminate human error and make transport safer. Autonomous vehicles equipped with AI systems that scan their surroundings and react instantly have the potential to substantially reduce accidents and death tolls, literally saving lives.
Amendment 6 #
2022/2008(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the transport sector and transport infrastructure are the lifeblood of the European economy. whereas robust infrastructure network and viable transport businesses are fundamental prerequisites for all of society’s competitiveness;
Amendment 7 #
2022/2008(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the economic conditions in the transport sector have a direct impact on industrial businesses, since the costs of transporting raw materials, input goods and finished products affect product prices, which ultimately have to be borne by consumers; whereas, in light of the recent sharp increases in fuel prices, which add to inflation and undermine household purchasing power, a common strategy is required at EU level, in harmony with robust measures at Member State level, to moderate the increase in prices and the negative economic impact on the competitiveness of European businesses and the purchasing power of European households;
Amendment 7 #
2022/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that SMEs are the foundation of the EU; emphasises that the twin transition needs the involvement of European industry; underlines the need to fully support SMEs in the twin transition by providing them with easier access to finance; underlines the need for regulatory stability and predictability which promotes and rewards innovation and investments in new technologies; welcomes the 'one in, one out' principle; reminds the Commission that it will only remain a status quo; calls on the Commission to fully implement the existing EU Better Regulation agenda and to include roadmaps to reduce administrative burdens for European businesses, especially SMEs, by at least 30 %;
Amendment 8 #
2022/2008(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas improved transport infrastructure could serve as a catalyst for growth, with investments focused on sections that have capacity problems, not least bottlenecks on the road and railway network and in cross-border areas; whereas an expanded, more robust transport infrastructure will improve access to markets for export industries that rely on freight transport, and will make everyday life easier for commuters; whereas investments in transport infrastructure are generally one of the most effective ways of creating long-term economic added value and stimulating more activity in the economy;
Amendment 9 #
2022/2008(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas the recent sharp increase in fuel and energy prices, combined with decades of increased regulatory burdens on the transport sector, have undermined the sector’s competitiveness and had knock-on effects in the form of price increases that have hit industries and households; whereas, in addition to active measures to push fuel and energy prices down, a wave of European deregulation is required to reduce the costly regulatory burden and simplify the licensing procedures for transport businesses;
Amendment 9 #
2022/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the European industry and SMEs are the foundation of the EU and its success; emphasises that the twin transition needs the involvement of European industry; underlines the need to fully support the industrial sector and SMEs in the twin transition by providing them i.e. with easier access to finance; and sufficient funds and support for R&;D and innovation; a large scale change can only be achieved if the necessary incentives are provided for innovative climate and digital solutions.
Amendment 10 #
2022/2008(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas small and medium-sized enterprises and micro-enterprises form the majority of businesses in the transport sector, and they are particularly sensitive to cyclical fluctuations, price changes and increased regulatory burdens; whereas the European industrial strategy must pay due regard to the conditions for small businesses and be designed in accordance with the ‘Think Small First’ principle;
Amendment 16 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that both the current and the proposed EU legislation envisages too many bureaucratic hurdles for EU businesses; calls on the Commission to fully implement the principles of better regulation and ‘think small first’;; highlights that there are 22.6 million SMEs in EU; whereas only 600 000 SMEs exports outside of EU; urges the Commission to be more stringent in implementing the "Think Small First Principle” when negotiating new free trade agreements and provide a roadmap for the development of SME chapters to strengthen their dimension in future international trade agreements.
Amendment 17 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that both the current and the proposed EU legislation envisages too many administrative and bureaucratic hurdles for EU businesses; calls on the Commission to fully implement the principles of better regulation and ‘think small first’ in its legislative work, especially concerning the energy transition sector and export oriented economic areas;
Amendment 23 #
2022/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. reiterates its position to the Commission from its resolution of December 16th 2020 to adopt a roadmap for better regulation; notes that several Member States have set quantitative targets of up to 30% for reduction of administrative burden and calls on the Commission to set ambitious and binding quantitative and qualitative targets of at least 30% reduction of regulatory burden.
Amendment 27 #
2022/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that for the EU to keep a prominent place in the world economy as well as regain a strong position in important global supply chains and to be competitive in open markets, every sector must receive sufficient support in developing its respective technological base, and in promoting theincreasing and facilitating research and innovation efforts carried out by public and private stakeholders;
Amendment 30 #
2022/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the intention of the Commission to issue guidance on public procurement; emphasises that public procurement is an indispensable instrument for national and economic security; stresses in this regard the need to signal to third countries that European public procurement markets will remain open whilst focusing efforts toward creating a level-playing field as well as toward limiting bureaucratic burdens for economic operators and contracting authorities.
Amendment 33 #
2022/2008(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that the key European policy goals1 remain unchanged in spite of recent developments at international level; in particular in regard to Putin’s war in the Ukraine. _________________ 1 https://ec.europa.eu/info/priorities-and- goals_en.
Amendment 39 #
2022/2008(INI)
Amendment 39 #
2022/2008(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for further negotiations to secure future-oriented trade agreements and to continue with the reform of the World Trade Organization; points out that trade and access to third markets are crucial in supporting the EU’s economic recovery and resilience, with the aim of strengthening the EU’s autonomy, diversifying its supply chains and guaranteeing its independence from any single producer; points out the need to address market diversification and maintain an ambitious trade agenda with global partners; highlights the importance of international collaboration and open global trade for the European economy.
Amendment 41 #
2022/2008(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for further negotiations to secure future-oriented, modern trade agreements and to continue with the reform of the World Trade Organization; points out that trade and access to third markets are crucial in supporting the EU’s economic recovery due to the Covid pandemic and resilience, with the aim of strengthening the EU’s autonomy, diversifying its supply chains and guaranteeing its independence from any single producer, especially concerning raw and intermediate products and materials;
Amendment 46 #
2022/2008(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that additional charges in the transport sector affect those citizens and enterprises with the smallest financial margins, and probably citizens in sparsely populated regions and the most extreme peripheral areas, as well as the smallest transport businesses; regards the recent sharp increases in fuel and energy prices as a serious threat to the competitiveness of the Union and the financial situation of households;
Amendment 47 #
2022/2008(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Invites the Commission to produce a common strategy at EU level and facilitate robust measures at Member State level, including temporary derogations from the minimum tax levels in force, in order to moderate the dramatic increases in fuel prices and thus reduce the negative economic impact on the competitiveness of European businesses and the purchasing power of European households;
Amendment 57 #
2022/2008(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to step up its efforts to secure the necessary energy supply for European industry through diversifying energy sources and suppliers, and reducing the EU’s energy dependencies.; underlines that the development of efficient and integrated logistics networks and infrastructures ensure a smoother access to transport, energy and digital services increase competitiveness of businesses and reduce trade barriers by promoting an open and rule-based trade with the rest of the world;
Amendment 64 #
2022/2008(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to commence negotiations on trade and cooperation agreements with possible international partners for the production and trade of sustainable hydrogen in order to ensure the future supply of renewable fuels of non-biological origin to the EU's industry, heating and transport sectors;
Amendment 73 #
2022/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 74 #
2022/2008(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Invites the Commission to facilitate the existence of small and medium-sized enterprises and micro- enterprises in the transport sector by simplifying the bureaucracy;
Amendment 75 #
2022/2008(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Invites the Commission to simplify the rules for a considerable part of the European industrial strategy and disseminate best practices for administrative procedures among the Member States; invites the Member States continuously to adapt their administrative procedures to best practices and take all steps to simplify regulatory compliance for transport businesses and remove unnecessary administrative burdens;
Amendment 76 #
2022/2008(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
Amendment 77 #
2022/2008(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on the Commission to step up its efforts to improve the functioning of the single market for transport businesses, reduce market barriers, make legislation more effective and ensure that all small and medium-sized enterprises can benefit from a fully integrated internal market for transport services;
Amendment 78 #
2022/2008(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Highlights that the size and continued integration of the internal market offer the greatest potential for strengthening competitiveness and innovation in Europe, and that all fragmentation and all unwarranted border restrictions that impede the transportation of goods and people between EU Member States must therefore be comprehensively eliminated;
Amendment 79 #
2022/2008(INI)
Draft opinion
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Underlines that the trans- European transport network (TEN-T) is one of the basic foundations for the competitiveness of industry; urges the Member States to rectify all missing links and bottlenecks throughout the TEN-T’s core network corridors by 2030, put in place non-passing double-track railway traffic and ensure that main roads are upgraded to motorway standard throughout the core network; calls on the Member States to use resources from NextGenerationEU and the Connecting Europe Facility to accelerate these infrastructure investments and achieve a rapidly enhanced capacity for investment in the transport system to benefit the competitiveness of industry and the financial position of households;
Amendment 91 #
2022/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that good access to data is crucial for developing the AI technology that will become increasingly significant in the transport sector in line with the roll-out of intelligent and connected fleets; underlines the fact that technological developments in the field of transport and mobility, in particular AI applications and autonomous vehicles, offer great potential for simplifying the daily lives of people and businesses, shortening travel times, reducing congestion, preventing accidents, lowering harmful emissions and reducing costs; believes, too, that there is great economic potential for the European automotive industry if it is given opportunities to be at the cutting edge of technology and thus acquire a larger share of the global market;
Amendment 92 #
2022/2008(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Reiterates the recommendation set out in the conclusions of the Special Committee on Artificial Intelligence to establish a European ‘AI lighthouse’ to reinforce the innovation climate considerably with regard to AI technology; stresses that such an initiative should be of particular significance for the development of AI applications in the manufacturing sector and probably the automotive sector, where the EU has a good starting position on which to build; highlights that the lighthouse concept should be able to confer significant synergies and economies of scale on European industry, increase its attractiveness to IT experts and stimulate substantial private investments in AI development that will benefit the digital adaptability of industry and the competitiveness of the Union in the digital age;
Amendment 93 #
2022/2008(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Welcomes the Commission’s promise to establish an integrated European data area for transport data, which could considerably simplify the exchange of data required to realise the potential of connected and autonomous vehicles;
Amendment 114 #
2022/0365(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to emissions (‘emission type-approval’) are currently set out in two Regulations that apply to emission type-approval for light- duty and heavy-duty vehicles respectively, i.e. Regulation (EC) No 715/2007 of the European Parliament and of the Council (‘Euro 6’)44 and Regulation (EC) No 595/2009 of the European Parliament and of the Council (‘Euro VI’)45 . The reason for having two Regulations was that the emissions of heavy-duty vehicles were checked based on engine and vehicle testing, while for light-duty vehicles the basis was whole vehicle testing. Since then, methodologies have been developed that allow testing of both light- and heavy-duty vehicles on the road. It is therefore no longer necessary to base type-approval on engine testing. __________________ 44 Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1). 45 Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).
Amendment 135 #
2022/0365(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure that the emissions for both light and heavy duty vehicles are limited in real life, testing vehicles in real conditions of use with a minimumover a statistically representative set of restrictions, boundaries and other driving requirements and not only in the laboratory is required.
Amendment 140 #
2022/0365(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 147 #
2022/0365(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 156 #
2022/0365(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 167 #
2022/0365(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Sensors installed on vehicles are already used today to detect anomalies on emissions and trigger related repairs through the on-board diagnostic (OBD) system. The OBD system currently in use, however, does not detect accurately or timely the malfunctions and neither does it sufficiently and timely force repairs. As a result, it is and the dashboard malfunction indicator (MI). It is however possible that vehicles emit much more than they are allowed to do. Th depending on how long drivers or operators take to follow the indication of the OBD MI. Some sensors used up to now for OBD can also be used to monitor and control the emission behaviour of the vehicles on a continuous basis via an on-board monitoring (OBM) system. The OBM will also warn the user to perform repairs of the engine or the pollution control systems when these are needed. It is therefore appropriate to require that such a system is installed and to regulate its technical requirementsand may help improve the functionality of the OBD.
Amendment 174 #
2022/0365(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 191 #
2022/0365(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in relation to obligations of manufacturers as part of type-approval and procedures, test and methodologies to be applied for declaration of conformity, conformity of production check, in-service conformity-check and environmental vehicle passport (EVP); options and designations of vehicles; requirements, tests, methods and corrective measures related to durability of vehicles, systems, components and separate technical units, as well as registration and communication capabilities of OBM systems, including for the purpose of periodic technical inspections and roadworthiness checks; requirements and information to be provided by manufacturers of multistage vehicles as well as procedures to determine the CO2 value for these multistage vehicles; technical elements, administrative and documentation requirements for emission type-approval, checks and inspections and market surveillance checks, as well as reporting obligations, in-service conformity and conformity of production checks; methods and tests to (i) measure exhaust emissions in the lab and on the road, including random and worst-case RDE test cycles, the use of portable emissions measurement systems for verifying real driving emissions, and idle emissions, (ii) determine the CO2 emissions, fuel and energy consumption, the electric range and engine power of a motor vehicle, (iii) provide specifications for gear shift indicator (GSI) (iv) determine the impact of O3, O4 trailers on the CO2 , fuel and energy consumption, electric range and engine power of a motor vehicle, (iv) measure crankcase emissions, evaporative emissions, brake emissions, (v) evaluate compliance with minimum performance requirements of battery durability, (vi) assess the in- service conformity of engines and vehicles; compliance thresholds and performance requirements, as well as (vii) test and methods to ensure performance of sensors (OBD and OBM); (viii) methods to ensure and assess security measures; specification and characteristics of driver warning systems and inducement methods and to assess their correct operation; (ix) methods to assess the correct operation, effectiveness, regeneration and durability of original and replacement pollution control systems; (x) methods to ensure and assess security measures including vulnerability analysis and tampering protection; (xi) methods to assess the correct functioning of types approved under specific EURO7 designations; (xii) criteria for emission type-approvals for small and ultra-small volume manufacturers; (xiii) checks and test procedures for multistage vehicles; (xiv) performance requirements for test equipment; (xv) specification of reference fuels; and (xvi) methods for assessing the absence of defeat devices and defeat strategies; (xvii) to measure tyre abrasion, as well as (xviii) EVP format, data and method of communication of the EVP data. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council50 . __________________ 50 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 196 #
2022/0365(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 234 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 28
Article 3 – paragraph 2 – point 28
Amendment 237 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 29
Article 3 – paragraph 2 – point 29
Amendment 240 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 30
Article 3 – paragraph 2 – point 30
(30) ‘non-exhaust emissions’ means evaporative, tyre abrasion, and brake emissions;
Amendment 287 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 65
Article 3 – paragraph 2 – point 65
Amendment 292 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 71
Article 3 – paragraph 2 – point 71
Amendment 309 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Manufacturers shall design, construct and assemble vehicles to comply with this Regulation, including complying with the emission limits set out in Annex I and respecting the values declared in the certificate of conformity and in the, under the conditions set out in Annex III, and respecting type- approval documentation for the lifetime of the vehicle as set out in table 1 of Annex IV. These vehicles shall be designated as “Euro 7” vehicles.
Amendment 346 #
Amendment 349 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 355 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 357 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 359 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 363 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 370 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 376 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 384 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 391 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 400 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 404 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 430 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The OBFCM devices installed by the manufacturer in these vehicles shall be capable of communicating theappropriate and necessary vehicle data that they record via the OBD port and over the air.
Amendment 437 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 446 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 454 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 493 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. With effect from 1 Julythe relevant date laid down in Article 2025, national authorities shall, in the case of new M1, N1 vehicles which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 507 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. With effect from 1 Julythe relevant date laid down in Article 2027 , national authorities shall, in the case of new M2, M3, N2, N3 vehicles and new O3, O4 trailers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 523 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. With effect from 1 Julythe relevant date laid down in Article 2031, national authorities shall, in the case of new M2, M3, N2, N3 vehicles constructed by small volume manufacturers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 527 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. With effect from 1 July 203the relevant date laid down in Article 20, national authorities shall, in the case of new M1, N1 vehicles constructed by small volume manufacturers which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 530 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 536 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 Julythe relevant date laid down in Article 2025 , the sale or installation of a system, component or separate technical unit intended to be fitted on an M1, N1 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not of type approved in compliance with this Regulation.
Amendment 541 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. With effect from 1 Julythe relevant date laid down in Article 2027 , the sale or installation of a system, component or separate technical unit intended to be fitted on an M2, M3, N2, N3 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not type approved in compliance with this Regulation.
Amendment 579 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point a
Article 14 – paragraph 4 – subparagraph 1 – point a
(a) the methods to measure exhaust emissions in the lab and on the road, including random and worst-casemeasures against biased driving and misuse during RDE test cyclesing, the use of portable emissions measurement systems for verifying real driving emissions, and idle emissions;
Amendment 589 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point g
Article 14 – paragraph 4 – subparagraph 1 – point g
Amendment 599 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point j
Article 14 – paragraph 4 – subparagraph 1 – point j
(j) OBFCM device, OBD and OBM systems, including compliance thresholds, performance requirements and tests, methods to ensure performance of sensors and over the air communication of data recorded by these devices and systems;
Amendment 623 #
2022/0365(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 650 #
2022/0365(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The power to adopt delegated acts, until 1 July 2024, is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 651 #
2022/0365(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 656 #
2022/0365(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The Commission shall report on the efficiency of this Regulation and to what extent it has impacted the competitiveness of vehicle manufacturers and road transport operators, as well as its effects on consumer prices. That report shall also elaborate on the interaction between this Regulation and other relevant Union legal acts and should identify legal provisions that may be updated and simplified, as well as actions and measures that have been or could be taken to reduce the total cost pressure on businesses and consumers, in line with the "one-in, one-out" principle.
Amendment 670 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
It shall apply from 1 July 2025 for M1, N1 vehicles and components and separate technical units for those vehicles and from 1 July 20273 years from the date of entry into force of the corresponding implementing acts and delegated acts adopted in accordance with Article 14 and Article 15 respective for new types of for M1, N1 vehicles and components and separate technical units for those vehicles and from 5 years from the date of entry into force of the corresponding implementing acts and delegated acts adopted in accordance with Article 14 and Article 15 respective for new types of for M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers.
Amendment 680 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
It shall apply from 1 July 2030 for8 years from the date of entry into force of the corresponding implementing acts and delegated acts adopted in accordance with Article 14 and Article 15 respective for new types of M1, N1 vehicles constructed by small volume manufacturers.
Amendment 707 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 5
Annex I – Table 5
Amendment 708 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 6
Annex I – Table 6
Amendment 713 #
2022/0365(COD)
Proposal for a regulation
Annex II– Table 1
Annex II– Table 1
Amendment 128 #
2022/0269(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure.
Amendment 147 #
2022/0269(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue specific guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition who will become affected by this Regulation, as well as other economic operators.
Amendment 148 #
2022/0269(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Taking into account that this Regulation breaches the European Parliament's and Commission's interinstitutional agreement on Better Law-Making by excluding an impact assessment, and thus lacks significant estimates needed to evaluate cost-benefit, the one-in, one-out principle, and WTO compatibility amongst other things, the Commission should create an impact assessment six months after the Regulation's entry into force. The Commission should also submit a comprehensive report to the European Parliament and to the Council on the impact of the Regulation, three years after its applicability. The report shall evaluate the effectiveness of this Regulation in reaching its objectives, in particular, its impact on the eradication of forced labour.
Amendment 151 #
2022/0269(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Given that this Regulation will impose additional compliance costs on economic operators, action needs to be taken to prevent the total level of regulatory and financial burden from increasing. Therefore, in line with the Commission's Better Regulation agenda, and the 'one in, one out' principle, the Commission should present, before the application of this Regulation, proposals offsetting the regulatory and financial burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 170 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 173 #
2022/0269(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure cooperation among competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour. When requesting information from economic operators, competent authorities should follow the Commission’s Once-Only principle, through increased cooperation and dialogue between authorities who are engaged in overseeing product regulation. An economic operator should not have to submit the same information more than once.
Amendment 185 #
2022/0269(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 188 #
2022/0269(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 204 #
2022/0269(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 219 #
2022/0269(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 238 #
2022/0269(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The guidelines should include sectoral guidance such as the garment and textile sector, agri-sector and automotive sector, as well as type of supplier such as wholesale, manufacture or smallholder farm. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 256 #
2022/0269(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods. . Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management.
Amendment 263 #
2022/0269(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The Commission should take into due consideration the risk of disengagement by economic operators who are either related to products, regions or production sites in the data base, or who have had their product removed from the Union market, as well as the consequences on affected workers. The Commission should therefore, where appropriate, support economic operators in adopting and carrying out measures suitable and effective for bringing forced labour to an end.
Amendment 272 #
2022/0269(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) With acknowledgment of current developments in traceability technology and the use of blockhain to facilitate monitoring of supply chains, the Commission should support economic operators in the uptake of such technology, including through financial and technical assistance.
Amendment 282 #
2022/0269(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to create enabling environments to promote and protect human rights, including capacity building to support workers and local communities in their efforts to root out forced labour from global supply chains and enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. The Commission should further integrate this Regulation with existing trade measures such as free trade agreements and the Generalised Scheme of Preferences, to enhance the cumulative effect of EU trade measures in eradicating forced labour. This means that in the case where a product has been found to have forced labour, it cannot qualify for GSP tariff reduction. Furthermore, if third country authorities are found to be non-cooperative, or not taking measures to end forced labour within their national borders, the Commission should evaluate whether they should benefit from existing GSP trade facilitation. The Commission should ensure coherence and synergies between relevant external policies, in particular development cooperation and projects focusing on the eradication of forced labour.
Amendment 291 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour. This Regulation contributes to the fight against forced labour and promotes corporate sustainability due diligence standards.
Amendment 298 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market, or been transformed or integrated into another product and constitute minor component of the final product.
Amendment 334 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘economic operator’ means any natural or legal person or association of personsbusiness with more than 1000 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year who is placing or making available products on the Union market or exporting products;
Amendment 352 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective, factual and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 355 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r – point 1 (new)
Article 2 – paragraph 1 – point r – point 1 (new)
1) 'supply chain' means the network of organizations that cooperate to transform raw materials into finished goods (including the extraction, harvest, production or manufacturing)
Amendment 356 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point s a (new)
Article 2 – paragraph 1 – point s a (new)
(sa) 'mass balance model' means a chain of custody model in which materials or products with a set of specified characteristics are mixed according to defined criteria with materials or products without that set of characteristics;
Amendment 373 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant, factual and verifiable information available to them, including the following information:
Amendment 385 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 393 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment, including on the basis of any of the following:
Amendment 394 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
(aa) any industry scheme, third-party audit or certification from the economic operators' suppliers that guarantees the absence of forced labour;
Amendment 399 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1530 working days from the day they received such request or make a justified request for an extension of that time limit. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 424 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of timetheir supply chain.
Amendment 458 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and
Amendment 462 #
2022/0269(COD)
(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 476 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned as well as the complexity of the supply chain.
Amendment 488 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish and duly motivate whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1).
Amendment 492 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 505 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) a prohibition to place or make the products or product component concerned available on the Union market and to export them;
Amendment 508 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
(b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market the relevant products or product component that have already been placed or made available on the market;
Amendment 512 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to dispose of the respective products in accordance with national law consistent with Union law or to remove or replace the component of the product that was made with forced labour.
Amendment 542 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminatedadopted appropriate measures to address the risk of forced labour fromin their operations or supply chain or remediated forced labour cases in compliance with the Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 with respect to the products concerned, the competent authorities shall withdraw their decision for the futurelift the market prohibition immediately and inform the economic operators of this decision.
Amendment 553 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the findings of the investigation and the information underpinning the findings;evidence that justifies the decision.
Amendment 579 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 594 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point g a (new)
Article 9 – paragraph 1 – point g a (new)
(ga) any court decision to annul competent authority decision referred to in Article 8(5);
Amendment 598 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e), (g) and (ga) on a dedicated website.
Amendment 613 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall, as soon as possible, diligently and impartially assess the information, including whether the claims are well-founded and, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.
Amendment 627 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or production sites with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities.
Amendment 642 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into forcebefore the application of this Regulation.
Amendment 645 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Economic operators placing or making available on the Union market or exporting products which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3in line with Article 4, risk-based approach shall not be considered to have a high risk of violating Article 3, unless serious proof of the contrary is available.
Amendment 661 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Member States shall confer on their competent authorities the necessary powers to issue an order requiring the providers of online marketplaces to remove products made with forced labour from their online interface, to disable access to it or to display an explicit warning. Such orders shall be issued in accordance with the minimum conditions set out in Article 9(2) of Regulation (EU) 2022/2065.
Amendment 692 #
2022/0269(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) within 4 working days of the suspension, if the competent authorities have not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;
Amendment 706 #
2022/0269(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of in accordance with national law consistent with Union lawrecycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law accordance. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 734 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance to the economic operator on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators; , different types of suppliers along the supply chain, different sectors and the particular risks associated with forced labour imposed by state authorities. The guidance shall also include advice on how to identify indicators of forced labour in different areas of the supply chain;
Amendment 740 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) guidance to the economic operators on measures which are suitable and effective for bringing to an end different types of forced labour;
Amendment 741 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, including a clear distinction for evaluation between forced labour risks in the private sector and risk of state-imposed forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 747 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) further information to facilitate the competent authorities’ implementation of this Regulation; which includes guidelines regarding the assessment of a notification and identification of indicators of forced labour in the pre-investigation phase and investigation phase. This includes benchmarks for the quantification of 'size of economic operator', 'resources of economic operators', 'quantity of products' and 'scale of forced labour' that will be assessed in order to establish substantiated concern for initiating an investigation. These guidelines should be clearly interpretable to ensure that implementation and enforcement of the measure is horizontal across Member States. Where relevant, the Commission should offer capacity building and training for staff of Member States' competent authorities;
Amendment 750 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d a (new)
Article 23 – paragraph 1 – point d a (new)
(da) the guidelines should be consistent with guidance provided in accordance with relevant Union legislation;
Amendment 751 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation, including with regard to the identification and evaluation of risks of forced labour linked to commodities sourced by economic operators through a mass balance approach.
Amendment 757 #
2022/0269(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article23a Specific provisions for SMEs 1. SMEs shall be given special support and guidance in adapting to this Regulation. 2. This support and guidance shall include: a) SME-specific guidelines with due diligence checklist and toolkit on preventing forced labour b) capacity-building, training programme and administrative and technical support on the assessment and the prevention of forced labour; c) support in their outreach to relevant suppliers and other actors;
Amendment 759 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation as well as other relevant due diligence legislation within the Union, thereby making enforcement more effective and coherent.
Amendment 774 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f
Article 24 – paragraph 3 – point f
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities; as well as international organisations such as the World Customs Organisation and National Contact Points for the OECD Guidelines for Multinational Enterprises. The Network shall also maintain regular contact with the Commission's relevant services to receive relevant information from other EU initiatives that support the eradication of forced labour.
Amendment 779 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) identify discrepancies between enforcement at the level of different EU Member States;
Amendment 781 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)
Article 24 – paragraph 3 – point f b (new)
Amendment 784 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall organise and chair regular meetings of the Network and shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network.
Amendment 789 #
2022/0269(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article24a Support The Network shall support economic operators under investigation to undertake corrective action in line with Article 4(6) and Article 6(6) where the risk of forced labour has been identified to: a) correct the potential risk of forced labour before launching an investigation and b) avoid the last resort of disengagement if the economic operator is deemed violating Article 3. This shall include having dialogue with authorities operating in the region where forced labour has been identified as well as on national level. In the case where disengagement must take effect and economic operators become victim to a third country punitive measure, the Commission shall provide political, administrative or financial support.
Amendment 796 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall, as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. The Commission shall have regular contact and cooperation with countries that have similar legislation in place, to share information of risk products or regions as well as best practices for bringing to an end forced labour. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 806 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1 (new)
Article 26 – paragraph 2 – subparagraph 1 (new)
Cooperation with third countries shall be integrated with other EU policies and instruments that include measures to eradicate forced labour, including free trade agreements, the Generalised Scheme of Preferences, and development cooperation projects led by the Commission.
Amendment 811 #
2022/0269(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article27a Regulatory monitoring and adjustment The Commission shall present, before the application of this Regulation, in line with the 'one in, one out' principle, proposals offsetting the regulatory and financial burdens introduced by this Regulation through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 821 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Member States shall, by [OP enter DATE = 2430 months from its entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 827 #
2022/0269(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Amendment 831 #
2022/0269(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 33 #
2022/0212(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets the Council’s position on the DB, which cuts EUR 1,64 billion in commitment appropriations and EUR 530 million in payment appropriations for the MFF headings compared to the Commission’s proposal; considers that the cuts proposed by the Council are not driven by an objective assessment of either implementation trends or absorption capacities and run counter to core shared policy priorities; considers that the Council should not target programmes that benefit from the adjustment provided for in Article 5 of the MFF regulation for “rebalancing and stabilisation”, since that would contradict the objective of that MFF provision, which was to strengthen specific political priorities; recalls in particular that Article 5 of the MFF regulation does not provide “top ups”, as suggested by the Council; concludes that the Council’s position is far from Parliament’s expectations; decides therefore, as a general rule, to restore appropriations on lines cut by the Council to the level of the DB, for both operational and administrative expenditure, and to take the DB as the starting point for Parliament’s position; notes, however, that even with ambitious funding, the available funds needs prioritisation among the 2023 budget expenditures;
Amendment 54 #
2022/0212(BUD)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes Commissions 'one in, one out' principle and by paying special attention to the implications and costs of applying Union laws, especially for SMEs; stresses the need to make Union regulation simpler, more targeted and easier to comply with; notes that several Member States have set quantitative targets of up to 30% for reduction of administrative burden and recalls Parliaments position from December 2020 that the Commission should come back with quantitative and qualitative targets at EU level for the reduction of administrative burden; Underlines the urgent need of at least a 30% reduction of regulatory burden to enhance European growth and competitiveness;
Amendment 72 #
2022/0212(BUD)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that a well-functioning Single Market is at the heart of the Unions recovery and long-term competitiveness; underlines the importance of preserving and adapting it in a context of numerous challenges; calls on the Commission to make the necessary proposals, including in the frame of the amending letter, to bridge any possible gap between the entry into force of the Digital Services Act and the recovery of the supervisory fees;
Amendment 75 #
2022/0212(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that businesses and SMEs in particular, have been severely hit by the COVID-19 crisis, including in the tourism sector, and by the consequences of the Russian war of aggression against Ukraine, in particular high energy prices; stresses that SMEs are the backbone of the European economy and make up 99% of all companies in Member States and contribute significantly to the creation of jobs, economic stability, competitiveness and growth; supports an increase of EUR 10 million above the DB for the SME strand of the Single Market Cluster; proposes also an increase of EUR 1 million above the DB to support the ongoing work of the European Financial Reporting Advisory Group (EFRAG) in designing high-quality reporting standards, on the condition that EFRAG adopts a work plan outlining the measures to ensure a proper transparent due process and public oversight as well as a balanced representation of stakeholders;
Amendment 127 #
2022/0212(BUD)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Highlights the importance of an effective European Border and Coast Guard Agency (Frontex) to assist Member States in managing the common external borders of the Union and to ensure integrated border management in full compliance with fundamental rights; notes that Frontex continues to have difficulty in absorbing the steep year-on-year increase in appropriations and recruiting the additional staff required; decides therefore to supphowever, decides to restorte Council’s proposed cut of EUR 50 million for Frontex in 2023 back to DB;
Amendment 302 #
2022/0155(COD)
Proposal for a regulation
Recital 4
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.
Amendment 333 #
2022/0155(COD)
Proposal for a regulation
Recital 16
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.
Amendment 353 #
2022/0155(COD)
Proposal for a regulation
Recital 20
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.
Amendment 356 #
2022/0155(COD)
Proposal for a regulation
Recital 20
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.
Amendment 365 #
2022/0155(COD)
Proposal for a regulation
Recital 21
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.
Amendment 373 #
2022/0155(COD)
Proposal for a regulation
Recital 23
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.
Amendment 381 #
2022/0155(COD)
Proposal for a regulation
Recital 26
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.
Amendment 383 #
2022/0155(COD)
Proposal for a regulation
Recital 26
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.
Amendment 389 #
2022/0155(COD)
Proposal for a regulation
Recital 26 a (new)
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.
Amendment 391 #
2022/0155(COD)
Proposal for a regulation
Recital 26 a (new)
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.
Amendment 397 #
2022/0155(COD)
Proposal for a regulation
Recital 27
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.
Amendment 651 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)
Article 3 – paragraph 2 – point b – indent 4 a (new)
- functionalities enabling age- appropriate parental controls, including with the use of AI;
Amendment 653 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 b (new)
Article 3 – paragraph 2 – point b – indent 4 b (new)
- functionalities enabling self- reporting, including with the use of AI;
Amendment 732 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
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:
Amendment 744 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
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;
Amendment 747 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
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;
Amendment 795 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) done in a way that does not compromise end-to-end encryption;
Amendment 862 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
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:
Amendment 864 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point i (new)
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,
Amendment 865 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point ii (new)
Article 6 – paragraph 1 – point b – point ii (new)
ii) the software application has an appropriate age rating model in place, or
Amendment 866 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point iii (new)
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.
Amendment 875 #
2022/0155(COD)
Proposal for a regulation
Article 6 a (new)
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.
Amendment 898 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
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.
Amendment 1017 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
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.
Amendment 1204 #
2022/0155(COD)
Proposal for a regulation
Article 10 a (new)
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.
Amendment 9 #
2022/0142M(NLE)
Motion for a resolution
Recital H
Recital H
Amendment 12 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the conclusion of negotiations on the VPA between the EU and Guyana,; acknowledges that the VPA has a high significance for the country as well as potential for boosting EU-Guyana trade relations and believes that the successful negotiations of this VPA demonstrate the importance of the Union’s Delegations to third countries; which will ensure that only legally logged timber will be imported into the EU from Guyana, promote sustainable forest management practices and sustainable trade in legally produced timber, and improve forest governance, law enforcement (including labour and occupational, health and safety obligations), human rights, transparency, accountability and institutional resilience in Guyana;
Amendment 17 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the high stakeholder participation throughout the negotiation process; Stresses that the implementation stage requires consultations and multi- stakeholder involvement, including the participation of civil society, business representatives and local and indigenous communities in decision- making; recalls the need to enhance transparency and ensure the effective public disclosure of information and the timely sharing of documents with local and indigenous peoples;
Amendment 18 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls to strengthen the role and participation of the private sector in the VPA implementation and to assist operators, in particular SMEs, in building capacity to ensure better clarity, understanding and compliance with the requirements of the agreement;
Amendment 19 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the recent adoption of the joint implementation framework and calls on the Government of Guyana to follow a concrete, time-bound and measurable approach; calls on the Commission to report to Parliament regularly on the implementation of the agreement, including on the work of the Joint Implementation Committee;
Amendment 21 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes Guyana’s efforts so far in making advances towards greater transparency and look forward to further positive cooperation in the fight against illegal logging; Stresses that the success of the FLEGT VPA also depends on tackling fraud and corruption throughout the timber supply chain; urges the Government of Guyana to continue to work to stop widespread corruption and address other factors fuelling illegal logging and forest degradation, with particular regard to customs and other authorities that will play a pivotal role in the implementation and enforcement of the VPA; stresses the need to end impunity in the forest sector;
Amendment 22 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. RecognisWelcomes that the process of negotiating the VPA has allowed sectors to identify shared goals and priorities to work towards sustainable forest management and trade cooperation, as well as offer an important opportunity for societies to allow for participative management of their forests at local, community and regional levels and even up to national or federal level;
Amendment 26 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that the EU plays an important role in improving both the supply and the demand side of timber in order to reject illegally produced timber and assist exporting countries in their efforts to combat illegal logging and corruption, which results in the destruction of their forests, climate change and human rights violations; recognises that VPAs will continue to be an important legal framework for both the EU and its partner countries under the new proposal for a Deforestation Regulation; underlines that this has beenVPAs provide an important legal framework for both the EU and its partner countries, made possible bywith the good cooperation and engagement ofby the partner countries concerned; supports the Commission in finding additional potential partners for future FLEGT VPAs;tresses therefore that new VPAs with additional partners shall be promoted; recognises that the VPA with Guyana as well as those with other countries prove that trade agreements can work without threatening the imposition of sanctions, by including different means of control and cooperation; the Commission and the authorities of Guyana should conduct an exhaustive assessment on the impact of the VPA and the proposal of the Deforestation Regulation on the workers and small producers of the forest sector and other related sectors, which will be affected by the increased logging controls and checks.
Amendment 27 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Acknowledges the role of Guyana’s forests in the economy and job creation, contributing by 2% to the GDP and by 6% to job creation for economic growth; highlights that the VPA creates a great opportunity to boost job creation in the forestry sector.
Amendment 117 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by third country entities with whom the company has an direct established business relationship and
Amendment 120 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
Article 1 – paragraph 1 – subparagraph 1 – point b
Amendment 127 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 124 months.
Amendment 130 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. Member States shall not lay down, in their national law, provisions diverging from those laid down in this Directive unless otherwise provided for in this Directive.
Amendment 138 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 5000 employees on average and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;
Amendment 143 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 149 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
Amendment 154 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
Amendment 159 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
Amendment 184 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:have a domestic branch office or subsidiary in a Member State and which normally have at least 5000 employees worldwide and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;.
Amendment 188 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 193 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 195 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated on a full-time equivalent basis. Temporary agency workers shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 216 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related todirectly necessary for the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 222 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) ‘industry initiative’ means a combination of voluntary valuesupply chain due diligence procedures, tools and mechanisms, including independent third- party verifications, developed and overseen by governments, industry associations or groupings of interested organisthe Commission, governments, including the governments of developing countries, industry associations;
Amendment 227 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could bedirectly affected by adverse human rights impacts and adverse environmental impacts arising from the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 271 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the valuesupply chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take one of the following actions if they are in the best interest of the potential victims of the potential and actual adverse impacts, in line with responsible disengagement, taking into account proportionality and the consequences of disrupting supply chains:
Amendment 276 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a
Article 8 – paragraph 6 – subparagraph 1 – point a
(a) temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, if there is reasonable expectation that these efforts will succeed in the short- term. If there is no such reasonable expectation or the efforts did not succeed in the short-term, the company shall terminate the business relationship or
Amendment 287 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for the availability of an option to terminate and temporarily suspend the business relationship in contracts governed by their laws in accordance with the first subparagraph, except for contracts where the parties are obliged by law to enter into them.
Amendment 297 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit notifications or complaints to them where they have legitimate concernssufficient evidence regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chaindirect upstream business partners.
Amendment 301 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Companies shall be allowed to deal with notifications as a group, for example within a sectoral initiative, an industry programme or multi-stakeholder initiatives.
Amendment 314 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are affected or have reasonable groundssufficient evidence to believe that they might bare affected by an adverse impact,
Amendment 316 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concernedcompany, their subsidiaries or their direct business partners, that are directly affected by an adverse impact,
Amendment 323 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 328 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedure for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaint to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaint is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6.
Amendment 341 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and relevant stakeholders, the European Union Agency for Fundamental Rights, the European Agency for Small and Medium enterprises, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impacts. shall issue clear and comprehensive, guidelines, in digital, free of charge and easily accessible format, taking into account the needs of SMEs, including for specific sectors, specific adverse impacts. These guidelines shall also clarify how companies' obligations stemming from this Directive interact with obligations stemming from other Union legislation to ensure coherence and complementarity. The guidelines shall particularly take into account SMEs’ needs and shall enable administrative and financial assistance. The guidelines shall help companies, in particular SMEs, to fulfil their due diligence obligations in accordance with Articles 6 to 11, by providing guidance on how the requirements under different Union acts could be merged most efficiently. The Commission shall regularly review and update the guidelines taking into account the latest developments in the sectors concerned. Guidelines must be published 24 months before the provisions of this directive become applicable. These guidelines shall include the following: (a) for specific sectors or specific adverse impacts; (b) an overview on applicable industry initiatives, multi-stakeholder initiatives and industry schemes; (c) practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas, may be applied to due diligence obligations depending on the size and sector of the company; (d) lists of risk areas and non-risk areas whether sectoral or geographic such as a list of regions and countries where adverse human rights impacts and/or environmental adverse impacts are unlikely or likely to occur. Countries or regions, where adverse impacts are unlikely to occur, might be the European Economic Area, the United States of America, the United Kingdom, Canada, Australia, New Zealand, and Japan. One criteria for this list shall be a free-trade agreement between the European Union and the third country or region.
Amendment 347 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 (new)
Article 13 – paragraph 1 – subparagraph 1 (new)
Lists of non-risk areas and risk areas shall be updated continuously by the Commission and made publicly available, for example, in order to provide up-to- date information on the international Conventions and Treaties ratified by each of the Union’s trading partners. The Commission shall collect and publish trade and customs data on origins of raw materials, and intermediate and finished products, and publish information on human rights, environmental and governance potential or actual adverse impacts risks associated with certain countries or regions, sectors and sub- sectors, and products.
Amendment 358 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission mayshall complement Member States’ support measures building on existing Union action to support due diligence in the Union and in third countries and mayshall devise new measures, including facilitation of joint stakeholder initiatives to help companies fulfil their obligations. as well as a non-exhaustive list of industry schemes the Commission deems fit.
Amendment 367 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States mayshall facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, mayshall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 368 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. Single Point of Contact 1.Each Member State shall designate a national single point of contact on corporate sustainability due diligence.Member States may assign this role to an existing authority.Where a Member State designates only one competent authority, that competent authority may also be the single point of contact. 2. Companies may seek guidance and obtain further support and information about how best to fulfil their due diligence obligations through this portal.3. The single point of contact may also exercise a liaison function to ensure cross-border cooperation of Member State authorities and with the relevant authorities in other Member States via cooperation with the European Supervisory Network established in Article 21.
Amendment 409 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 75 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness and feasibility of this Directive in reaching its objectives and assess the following issues:
Amendment 417 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be loweredare appropriate;
Amendment 419 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
Amendment 71 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industry to structural changes due to fast innovation cycles and the need for sustainability. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies, as well as strengthening its role at the global level through international cooperation and trade.
Amendment 85 #
2022/0032(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The achievement of these objectives will be supported by a governance mechanism. At Union level, this Regulation establishes a European Semiconductor Board, composed of representatives of the Member States, business representatives and chaired by the Commission. The European Semiconductor Board will provide advice to and assist the Commission on specific questions, including the consistent application of this Regulation, facilitating cooperation among Member States and exchanging information on issues relating to this Regulation. The European Semiconductor Board should hold separate meetings for its tasks under the different chapters of this Regulation. The different meetings may include different compositions of the high-level representatives and the Commission may establish subgroupsbusiness representatives affected by the Regulation.
Amendment 86 #
2022/0032(COD)
Proposal for a regulation
Recital 7
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 and business representatives, should work 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, to the extent possible, disruptions of the semiconductor supply chain; and in bilateral and multilateral meetings with like-minded partners. The Commission shall maintain close cooperation with Taiwan through EU’s Indo-Pacific strategy and with a view to addressing respective vulnerabilities in a mutually beneficial manner. Taiwan is located in a strategic position in terms of trade and is a crucial partner for the global supply chain of key high-tech sectors, notably semiconductors. The Commission should urgently begin an impact assessment, public consultation and scoping exercise on a Bilateral Investment Agreement with the Taiwanese authorities in preparation for negotiations to deepen bilateral economic ties and encourage Taiwan to increase investments in the EU, including on matters relating to multilateralism and the WTO. Where necessary, representatives of third countries should be invited to address and cooperate with the European Semiconductor Board. The Trade and Technology Council should act as platform to coordinate efforts to make semiconductor supply chains more resilient.
Amendment 116 #
2022/0032(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30 a) Given that this Regulation will impose additional compliance costs on the sector, action needs to be taken 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 for the semiconductor sector.
Amendment 122 #
2022/0032(COD)
Proposal for a regulation
Recital 34
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. In a globalised world with international value chains, European resilience is not possible without well-functioning multilateral and bilateral trade agreements. The European openness to trade and investment is a strength and source of growth and resilience for the Union, as a major importer and exporter.
Amendment 139 #
2022/0032(COD)
Proposal for a regulation
Recital 45
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 request information from undertakings along the semiconductor supply chain. Furthermore, the Commission should be able to, where necessary and proportionate, oblige request 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 cshould 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, restricted and be carried out in the manner which is the least disruptive to trade and 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).
Amendment 144 #
2022/0032(COD)
Proposal for a regulation
Recital 47
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. The request of information must be used restrictively and executed in a manner that minimise administrative and regulatory burdens, by clearly stating what kind of information is absolutely necessary. The Commission must always take into consideration the administrative burden and the consequences of hampering innovation capacity and risk of trade escalations with third countries.
Amendment 146 #
2022/0032(COD)
Proposal for a regulation
Recital 48
Recital 48
(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 could be obliged by the Commission tomay on a voluntary basis 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. Undertakings may be subject to penalties if they fail to comply with the obligation for priority rated orderse decision should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case.
Amendment 147 #
2022/0032(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The undertaking concerned should on a voluntary basis be oabligede to 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.
Amendment 148 #
2022/0032(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Under the exceptional circumstance that an undertaking operating along the semiconductor supply chain in the Union receives a priority rated order request from a third country, it should inform the Commission of this request, so as to inform an assessment of whether, if there is a significant impact on the security of supply to critical sectors, and the other requirements of necessity, proportionality and legality are satisfied in the circumstances of the case, the Commission should likewise enact a priority rated order obligation.
Amendment 151 #
2022/0032(COD)
Proposal for a regulation
Recital 54
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. Protective measures must be avoided at all costs, as they will damage the Union's trade relations and will 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.
Amendment 153 #
2022/0032(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to facilitate a smooth, effective and harmonised implementation of this Regulation, cooperation and the exchange of information, the European Semiconductor Board should be established. The implementation of this Regulation must comply with Union law, the WTO Agreement and be consistent with commitments made under other trade and investment agreements to which the Union or the Member States are parties. The European Semiconductor Board should provide advice to and assist the Commission on specific questions. These should include providing advice on the Chips for Europe Initiative to the Public Authorities Board of the Chips Joint Undertaking; exchanging information on the functioning of the Integrated Production Facilities and Open EU Foundries; discussing and preparing the identification of specific sectors and technologies with potential high social impact and respective security significance in need of certification for trusted products and addressing coordinated monitoring and crisis response. Furthermore, the European Semiconductor Board should ensure the consistent application of this Regulation, facilitate cooperation between Member States as well as exchange of information on issues relating to this Regulation. The European Semiconductor Board should support the Commission in international cooperation in line with international obligations, including in information gathering and crisis assessment. In addition, the European Semiconductor Board should coordinate, cooperate and exchange information with other Union crisis response and crisis preparedness structures with a view to ensure a coherent and coordinated Union approach as regards crisis response and crisis preparedness measures for semiconductor crises.
Amendment 177 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19 a) ‘crisis’ means an extraordinary situation of a serious disruption to the supply chain, leading to a severe shortage of semiconductors, which poses serious and immediate danger to the life and health of people or has a substantial and evidence-based impact on the functioning of the Member States and citizens of the Union, which requires proportionate and adequate measures tailored to the specific situation in order to supply the population with critical necessities.
Amendment 183 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point 2
Article 4 – paragraph 2 – point b – point 2
(2) supporting large scale innovation through access to new or existing pilot lines for experimentation, test, and validation of new design concepts integrating key functionalities, such as novel materials and architectures for power electronics fostering sustainable renewable and low carbon 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, as for example, the impact and growth of Micro Electro-Mechanical Systems in Europe.
Amendment 210 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Integrated Production Facilities are first-of-a-kind semiconductor design and manufacturing facilities, including front- end or back-end, or both, in the Union that contribute to the security of supply for the internal and external markets.
Amendment 213 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 215 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Open EU Foundries are first-of-a- kind semiconductor front-end or back-end, or both, manufacturing facilities in the Union that offer production capacity to unrelated undertakings and thereby contribute to the security of supply for the internal and external markets.
Amendment 216 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
Amendment 219 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
Amendment 222 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 2
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.
Amendment 223 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Any support must align with WTO and the ‘Regulation on foreign subsidies distorting the internal market’.
Amendment 226 #
2022/0032(COD)
Proposal for a regulation
Article 15 – title
Article 15 – title
Monitoring and al, alerting and international cooperationg
Amendment 227 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Member States shallmay only carry out regular monitoring of the semiconductor value chain, if it is proportionate and limit unnecessary administrative or financial burdens. In particular, they shall:
Amendment 245 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5 a. The Commission should increase its commitment on cooperation with third countries by concluding and enforcing trade agreements. In any future investment and trade agreement of the EU with relevant third countries, collaboration in the field of semiconductors and along the entire semiconductor supply chain shall be a key priority.
Amendment 262 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 267 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the crisis stage is activated and where appropriateif necessary in order to address the semiconductor crisis in the Union, the Commission shall take the measure provided for in Article 20 under the conditions laid down therein. In addition, the Commission may take the measures provided for in Article 210 or Article 221, or both, under the conditions laid down therein.
Amendment 269 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission may, after consulting the European Semiconductor Board, limit the measures provided for in Articles 21 and 22 to certain critical sectors the operation of which is disturbed or under threat of disturbance on account of the semiconductor crisis.
Amendment 275 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 1
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.
Amendment 278 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 5
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.
Amendment 280 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 1
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.
Amendment 283 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 3
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 obligerequest that undertaking to accept and prioritise orders of crisis relevant products in line with paragraph 4, 5 and 6.
Amendment 285 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 5 – introductory part
Article 21 – paragraph 5 – introductory part
5. The undertaking concerned shall be obligrequested to accept and prioritise a priority rated order. The undertaking may request the Commission to review the priority rated order where it considers it to be duly justified based on one of the following grounds:
Amendment 286 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. Where an undertaking is obliged to accept and prioritise a priority rated order, it shall not be liable for any breach of contractual obligations that is required to comply with the priority rated orders. The liability shall be excluded only to the extent the violation of contractual obligations was necessary for compliance with the mandated prioritisation. The Commission must be able to compensate the undertaking if the prioritisation lead to a negative economic impact on their business.
Amendment 287 #
2022/0032(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 298 #
2022/0032(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The European Semiconductor Board shall be composed of representatives of the Member States and business representatives and shall be chaired by a representative of the Commission.
Amendment 310 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. They shall respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect in particular intellectual property rights and sensitive business information or trade secrets. Any circumvention of technological protection measures and use of confidential data must be avoided. This obligation shall apply to all representatives of Member States, observers, experts and other participants attending meetings of the European Semiconductor Board pursuant to Article 23 and the members of the Committee pursuant to Article 33(1).
Amendment 313 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. The Regulation shall in compliance with relevant legislation in the field, including Directive 2016/943 on the protection of undisclosed know-how and business information, respect the confidentiality of information obtained in carrying out their tasks and activities in such a manner as to protect, in particular confidential business information or trade secrets.
Amendment 317 #
2022/0032(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1, points (a) and (b), shall not exceed 30200 000 EUR. If the concerned undertaking is an SME, the fines imposed shall not exceed 50 000 EUR.
Amendment 318 #
2022/0032(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Periodic penalty payments imposed in the cases referred to in paragraph 1 (c) shall not exceed 1.5 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 21 calculated from the date established in the decision. If the concerned undertaking is an SME, the periodic penalty payments imposed shall not exceed 0.5 % of the average daily turnover.
Amendment 319 #
2022/0032(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. In fixing the amount of the fine or periodic penalty payment, regard shall be had to the size, if the concerned undertaking is an SME, to the economic and administrative resources, to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness.
Amendment 324 #
2022/0032(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1 a. The implementation of this Regulation by the Union must comply with Union law, the WTO Agreement and be consistent with commitments made under other trade and investment agreements to which the Union or the Member States are parties.
Amendment 325 #
2022/0032(COD)
Proposal for a regulation
Article 35 – paragraph 1 b (new)
Article 35 – paragraph 1 b (new)
1 b. No later than three year after the entry into force of this regulation, the Commission shall within proposals in line with its communication on the application of the “one in, one out” principle offsetting the regulatory burden introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs in the semiconductor sector.
Amendment 326 #
2022/0032(COD)
Proposal for a regulation
Article 35 – paragraph 1 c (new)
Article 35 – paragraph 1 c (new)
1 c. No later than three years after the entry into force of this Regulation, the Commission should also consider WTO compatibility and ensure that the Regulation has been aligned with the WTO Agreement.
Amendment 119 #
2021/2250(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 535 #
2021/2250(INI)
Motion for a resolution
Paragraph 25 a (new)
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;
Amendment 8 #
2021/2213(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the statement of the UN Economic Commission for Africa indicating that it believes the economic partnership agreements between EU and African countries could have negative consequences for intra-African trade; is concerned about the negative effects that the new Partnership Agreement between the EU and the members of Stresses the key role of Economic Partnership Agreements in promoting long-term, sustainable development, reducing poverty and boosting regional integration; regrets, therefore, the recent lack of progress in their finalisation; acknowledges the diverging views on EPAs and calls on the Commission to address them by building trust and mutual understanding on the development benefits of EPAs; insists on the need to accompany any trade arrangements withe Organisation of African, Caribbean and Pacific States (OACPS – Post-Cotonou Agreement) might have on intra-African tradeACPS countries with capacity-building and technical assistance to effectively support their implementation;
Amendment 17 #
2021/2213(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that the agreement’s trade and investment provisions must be tailored to benefit all parties; is concerned about a misbalance benefiting the EU over the OACPS countries; calls on the Commission to guarantee that the OACPS countries benefit from trade relations; calls on the Commission to improve EUbelieves that the renewed partnership is a unique opportunity to revive trade relations between the EU and each OACPS region based on mutual advantages; regrets that while the Cotonou Agreement considerably improved access to EU markets for OACPS countries, it did not prove effective in increasing market accesshares for OACPS producers; callsEuropean businesses in OACPS countries; calls therefore on the Commission to promote sustainable investment opportunities to advancenotably in digital and green infrastructure in the OACPS countrie; to this end, stresses the need for a strong involvement of the European and OACPS countries' private sector in the implementation of partnerships;
Amendment 30 #
2021/2213(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 39 #
2021/2213(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned that the suspension clauses may not be legally valid;Recognizes the strong human rights component in the EPAs and for this reason welcomes the inclusion of suspension clauses in case of violations of human rights clauses; stresses the importance of political dialogue and consultation procedures to ensure effectiveness of these clauses and calls on the Commission to guarantee that the suspension clauses will be correctly applied in the event of violations of essential elements; emphasises that suspension of clauses should not harm the population, but should target those responsible for violations;
Amendment 44 #
2021/2213(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Strongly stresses the important link between trade, the eradication of poverty and support for sustainable development; underlines the role of women in the economies and societies of the OACPS countriesrecognizes how the agreement’s trade and investment provisions take appropriate steps to provide decent jobs for all and to socioeconomically empower marginalized groups, women and youth; calls on the Commission to increase and to guarantee the participation of womenthese categories in EU- OACPS trade and investment relations.
Amendment 2 #
2021/2200(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
— having regard to its resolution of 3 October 2017 on EU political relations with ASEAN,
Amendment 3 #
2021/2200(INI)
Motion for a resolution
Citation 24 b (new)
Citation 24 b (new)
— having regard to the 29th EU- ASEAN Joint Cooperation Committee Meeting held on 11 February 2022,
Amendment 4 #
2021/2200(INI)
Motion for a resolution
Citation 24 c (new)
Citation 24 c (new)
— having regard to the inaugural European Parliament-ASEAN Inter- Parliamentary Assembly (AIPA) Inter- Regional Dialogue held on 22 June 2021,
Amendment 14 #
2021/2200(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe and the Indo- Pacific together represent over 70 % of global trade in goods and services and over 60 % of foreign direct investment (FDI) with their annual trade reaching EUR 1.5 trillion in 2019; whereas the region produces 60 % of global gross domestic product (GDP) and contributes to two thirds of global economic growth; whereas the EU is the biggest investor in the area, which includes four (China, Japan, South Korea and India) out of the EU’s top 10 global trading partners; 1a _________________ 1a https://ec.europa.eu/info/sites/default/files /jointcommunication_indo_pacific_en.pdf
Amendment 18 #
2021/2200(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas the European Union and the Association of Southeast Asian Nations (ASEAN) opened a new chapter in their longstanding relations by entering in a Strategic Partnership in December 2020;
Amendment 19 #
2021/2200(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. Whereas enhanced inter- parliamentary relations and parliamentary diplomacy between the European Parliament and the parliaments of Southeast Asia – through the ASEAN Inter-Parliamentary Assembly (AIPA) – should reflect the future agenda of broader and deeper EU-ASEAN relations;
Amendment 20 #
2021/2200(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. Whereas the European Parliament and the ASEAN Inter-Parliamentary Assembly (AIPA) are natural partners with a significant potential to contribute towards strengthening EU-ASEAN relations;
Amendment 21 #
2021/2200(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
C d. Whereas EU-ASEAN relations are based on the shared values and principles of a rules-based international order, effective and sustainable multilateralism, and free and fair trade;
Amendment 22 #
2021/2200(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
C e. Whereas EU-based entities are the largest provider of foreign direct investment to the ASEAN region; whereas the EU is ASEAN's third largest trading partner and ASEAN as a whole represents the EU's third largest trading partner outside Europe;
Amendment 23 #
2021/2200(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
C f. Whereas negotiations on an EU- ASEAN Free Trade Agreement have been suspended by mutual agreement since 2009;
Amendment 32 #
2021/2200(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Comprehensive and Progressive Agreement for Trans-Pacific Partnership is an open, 21st century trade agreement that aims to secure a level playing field and rules-based trade environment in the Indo-Pacific and provides a model of regional trade integration; whereas the US withdrew from the agreement in January 2017 while China, Taiwan and the UK formally submitted a request to accede in September 2021;
Amendment 45 #
2021/2200(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the geopolitical reality has dramatically changed since Russia’s invasion to Ukraine in February 2022 and makes our further engagement with Indo- Pacific partners even more important and urgent in order to diversify our trade relations, to deepen our cooperation on critical and emerging technologies, digital issues and raw materials, to strengthen supply chains resilience and help tackle global challenges.
Amendment 64 #
2021/2200(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to work closely with its Indo-Pacific like-minded partners to reinforce value chains by strengthening and diversifying trade relations in order to reduce strategic dependencies in critical supply chains with a particular focus on technologies and raw materials, by working towards the full implementation and better enforcement of existing trade agreements, by finalising ongoing trade negotiations and by developing cooperation in strategic sectors; underlines the importance of working together with like-minded Indo-Pacific countries on establishing technical standards, to further promote the EU as a global standard-setter, underlines the importance to develop new Digital Partnership Agreements, starting with Japan, Republic of Korea and Singapore;
Amendment 88 #
2021/2200(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes the EU-Japan Economic Partnership Agreement has been instrumental in creating more sustainable trade; welcomes the increase in the preference utilisation rates for EU exports to Japan in 2020; underlines thcalls to start negotiations to include data furtherlows provisions in the EPA; underlines that progress ihas nbeeded in the implementation of the agreement, in particular as regards then made-in the expansion of GIs protection for both parties, utilisation rates of tariff rate quotas opened by Japan for EU exporters, the and the process for ratification of ILO convention No 105 by Japan while further progress is needed in the implementation of the agreement, including liberalisation of trade in services and the ratification of ILO Conventions No 105 and No 111;
Amendment 97 #
2021/2200(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Call on the Member States to ratify the EU-Vietnam IPA so that it enters into force and creates favourable conditions to boost EU investment in Vietnam and in the region, in particular in areas promoting green transformation and the circular economy; urges Vietnam to continue working to achieve equal treatment of EU Member States with regard to pharmaceuticals and to guarantee a full implementation of the sanitary and phytosanitary provisions; invites Vietnam to complete its key labour reforms in accordance with the agreement and to swiftly ensure the ratification of ILO Convention No 87 by 2023;
Amendment 106 #
2021/2200(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls the importance of parliamentary diplomacy in accelerating FTA negotiations between the EU and ASEAN Member States;
Amendment 151 #
2021/2200(INI)
17 a. Regrets the fact that negotiations for a bilateral trade and investment agreement with Thailand, launched in 2013 and put on hold in 2014 following the military take-over, are still paused; stresses the importance of taking steps (in line with the Council Conclusions of 2019) towards the resumption of negotiations on an ambitious and comprehensive FTA and invites the Thai authorities to provide clear indications in this respect and to engage in structural reforms.
Amendment 161 #
2021/2200(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for further engagement with ASEAN and its member states and for the development and promotion of the EU- ASEAN strategic partnership; calls on both sides to use the momentum of the planned EU-ASEAN Summit in 2022, on the occasion of 45th anniversary of the EU- ASEAN bilateral relationship, to present a new EU-ASEAN action plan for the upcoming period to promote increased multifaceted cooperation in key areas and explore the possibility of resuming negotiations of a region-to-region trade agreement once the conditions in terms of human rights and democracy are to the EU’s standardsmet; calls for a parliamentary dimension to the 45th anniversary summit and reiterates its intention to create an EU-ASEAN parliamentary assembly to strengthen the democratic dimension of the partnership;
Amendment 167 #
2021/2200(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a new strategic approach towards the Comprehensive and Progressive Agreement for Trans-Pacific Partnership as a core element of the EU’s Indo-Pacific strategy, stresses that closer cooperation would allow the EU to reap important economic benefits with regard to possible welfare gains, diversification of supply chains and reduction of strategic dependencies, and would give the EU the opportunity to continue to shape standards in the Indo-Pacific region; the EU should also explore the possibilities of linking existing agreements with partners, for instance through their rules of origin protocols, in order to increase the preference utilisation rate of those agreements and maximise their added value.
Amendment 172 #
2021/2200(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of ASEAN, the Secretary-General of the ASEAN Inter- Parliamentary Assembly and the respective countries in the Indo-Pacific region.
Amendment 16 #
2021/2178(INI)
Motion for a resolution
Citation 35 a (new)
Citation 35 a (new)
— having regard to the Commission communication of 23 March 2022 entitled Safeguarding food security and reinforcing the resilience of food system (COM(2022)133),
Amendment 18 #
2021/2178(INI)
Motion for a resolution
Citation 35 b (new)
Citation 35 b (new)
— having regard the European Council Conclusions of 16 December 2021,
Amendment 22 #
2021/2178(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the 6th Summit of the EU and the AU in 2022 led to an agreement on ‘A Joint Vision for 2030’, to drive our common priorities, shared values and international law, by preserving together our interests and common public goods, the security and prosperity of our citizens, the protection of human rights for all, gender equala new mutually- beneficial joint strategy which reflects the interests of both sides and strengthens the ties between the two continents and will allow for closer cooperation on issues of mutual convergences in the area of trade, development, security, and women’s empowerment good governance, while creating all spheres of life partnership of equals; whereas both Unions recognised the importance of food security and nutrition;
Amendment 24 #
2021/2178(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the geopolitical global context has been subject to considerable change, as Russian Federation launched an unprovoked and unjustified invasion of Ukraine on 24 February 2022 with geopolitical effects, including on the relations between the EU and Africa, in particular on access to food and to raw materials;
Amendment 25 #
2021/2178(INI)
Motion for a resolution
Recital B
Recital B
B. whereas achieving the SDGs by 2030 must become the benchmark of success of EU-Africa cooperation, including the contribution of trade and investment relations to combat poverty in the long term;
Amendment 28 #
2021/2178(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas migration is part of the (SDG 10.7) to facilitate orderly, safe, regular and responsible migration and mobility of people;
Amendment 31 #
2021/2178(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU Trade Policy Review acknowledges the strategic importance of deepening active and fair engagementtrade relations with the African continent and African states by proposing several strands of action to strengthen trade and economic links between the two continents;
Amendment 33 #
2021/2178(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the EU should pursue a "Team Europe" approach in its cooperation with Africa, including more coordination between different Commission directorates general, European development financing institutions, European export credit agencies, commercial banks and Member States;
Amendment 35 #
2021/2178(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU is one of the most important trading partners for Africaand its Member States constitute Africa’s biggest partner on all counts in terms of trade, investment, Official Development Assistance (ODA), humanitarian assistance and security; whereas, the positive effects of the EU trade tools towards Africa, such as the GSP and Aid for Trade, are significant; whereas in 2020, over 61 % of goods imported to the EU from Africa were primary goods and almost 70 % of goods exported from the EU to Africa were manufactured goods;
Amendment 41 #
2021/2178(INI)
Motion for a resolution
Recital E
Recital E
E. whereas strengthening the intra- continental trade in Africa is essential for its economic development; whereas the entry into force of the African Continental Free Trade Area (AfCFTA)African and European private sector have a shared interest in its successful and effective implementation , notably with regards to the economic growth and job opportunities it is expected to create; whereas the entry into force of the African Continental Free Trade Area (AfCFTA), as the flagship project of the First-Ten-Year Implementation Plan (2014-2023) under the African Union’s Agenda 2063, gives new momentum to pan-African trade and investment opportunities and will increase Euro-African connectivity;
Amendment 48 #
2021/2178(INI)
Motion for a resolution
Recital F
Recital F
F. whereas AfCFTA will become the world’s largest free-trade area in terms of participating countries – a market of 1.2 billion people, including a fast-growing middle class, with a combined GDP of USD 3 trillion, which is expected to more than double by 2050 and to eliminate tariffs on 90 percent of product lines on the continent; in this context, Africa´s GDP could increase by one percent, total employment by1.2 percent per year and intra-African trade by 33 percent; whereas the creation of the AfCFTA represents a major opportunity for the UE but will also depend in large part on its ability to mobilize investments and to foster trade exchanges and corporate presence in the Africa;
Amendment 54 #
2021/2178(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas African states are not homogeneous; whereas the African continent is particularly vulnerable to the external “shocks” given its high rate dependency not only from external financial resources and revenues such as foreign remittances, foreign direct investment, tourism or external aid, but also from imports of manufactured goods;
Amendment 61 #
2021/2178(INI)
Motion for a resolution
Recital H
Recital H
H. whereas Africa is a continent of hope and opportunity and perceived as such by a growing number of its young population; whereas Africa is the youngest continent in the world with a median age of 19.8 years and 60 percent of the population under age 25; whereas by 2050, the population of Africa will have doubled, from some 1.2billion people to some 2.4 billion and that, by the same year, 50% of the global population less than 25 years old will be in Africa;
Amendment 67 #
2021/2178(INI)
Motion for a resolution
Recital I
Recital I
I. whereas climate change and environmental degradation are existential threats to Africa, the EU and the entire world, and require joint responsiveness and substantive investments in sustainable and inclusive economic development and; whereas the EU-Africa trade relations play a crucial role to address the climate transition and foster common efforts towards achieving long term sustainable growth and development, notably through the provismotion of access to public goodssustainable supply chains and trade diversification in the transition to a low- carbon economy;
Amendment 91 #
2021/2178(INI)
Motion for a resolution
Recital O
Recital O
O. whereas respecting fair conditions on the EU-Africa trade in agricultural products needs to be revisedshould be the baseline for European exports and imports of food and other agricultural products, as well as the need to ensure that agricultural exports do no contradict the goal to establish a more resilient food sector in Africa;
Amendment 101 #
2021/2178(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the AU’s Digital Transformation Strategy for Africa (2020- 2030) envisions a secured digital single market for Africa by 2030; and the digital economy in Africa offers prospects for increased job creation, particularly for SMEs, which account for an estimated 80 percent of jobs across the continent and are the backbone of the African economy;
Amendment 105 #
2021/2178(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas our African partners are also actively seeking EU´s assistance in enhancing Africa´s digital infrastructure and ensuring proper connectivity and Internet access across the continent;
Amendment 111 #
2021/2178(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms that EU-Africa trade and investment relations form part of our joint endeavour to achieve thebring enormous benefits in terms of stimulating economic growth, regional integration, poverty reduction and job creation; underlines that geographical proximity and long historical and cultural ties are increasingly reinforced by growing trade exchanges; in this respect, the EU should invest more efforts in taking the partnership beyond the traditional "donor-recipient" relationship; additionally, the EU and Africa should continue to work together in favour of common objectives and shared interests, including the realisation of UN SDGs by 2030 and the objectives of the Paris Agreement; stresses that the modernisation of EU-AU trade and investment relations must adhere to the principle of policy coherence for development and contribute to the recovery from the COVID-19 pandemic by means of the green and digital transformation of the economies in both the EU and the AU, as well as among our global trading partners;
Amendment 118 #
2021/2178(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that efforts towards supply chain diversification create opportunities for both continents and believes that the EU and the UA should work together to create the conditions and incentives to support the diversification of investments and production of EU and African companies;
Amendment 126 #
2021/2178(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines the fundamental role of functioning state institutions, authorities and infrastructures, and considers that their absence can be a major obstacle to trade; in this regard, stresses that all African countries must improve legal certainty as it is vital for any kind of trade to develop; calls on the Commission to work closely with its African counterparts to guarantee a business environment that is conducive to investment;
Amendment 127 #
2021/2178(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses the need to adapt the economic and trade proposals of the New Agenda for the Mediterranean, adopted by the European Commission on the 9 February 2021, to the current emergency situation; and, calls to smoothly implement the trade-related projects of the Economic and Investment Plan as soon as possible;
Amendment 131 #
2021/2178(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. UnderlinBelieves that the EU needs an entirely new foundation for itsSummit set the path for a renewed economic partnership with Africa, on equal grounds and based on mutual respect and understanding, and is a unique opportunity to revive trade relations between both continents;
Amendment 142 #
2021/2178(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the objectives of AfCFTA notably the aim to create a single market for goods, services, facilitated by movement of persons in order to deepen the economic integration of the African continent; stresses that indicators in measuring economic success should be improved and diversified beyond GDP growth;
Amendment 144 #
2021/2178(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Regrets that despite the fact that the EU is already the most open market for African exports and the UE is by far Africa´s largest export market and its main customer, accounting that the total trade in goods between the 27 EU Members States and Africa was worth 225 billion euros in 2020, compared to 115 billion euros for China and 38 billion euros for the United States, non-tariff barriers to EU-Africa trade remain significant and quality standards still diverge widely in certain cases;
Amendment 147 #
2021/2178(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Regrets that the activity of foreign investors as well as the take-off of African businesses is hampered by fragmented markets, inefficient transit regimes and border crossings procedures for goods, services and people, as well as poor implementation of regional integration commitments; highlights, in this context, that the timely, effective and comprehensive implementation of the AfCFTA is of utmost importance;
Amendment 148 #
2021/2178(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Stresses that the UE is still the largest source of foreign direct investment in Africa and still maintains an important level of competitiveness, but upward trends of activity from other international actors challenge the EU’s economic leadership on the African continent given that competitiveness of an individual firm is driven not only by internal factors, but also external factors such as the number of competitors and types of competition; in this sense, European companies are facing growing pressure from foreign competition;
Amendment 150 #
2021/2178(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to facilitate the development of regional value chains and better regional infrastructures in Africa; specially, points out the need to significantly invest in the transport infrastructure, connectivity and digitalisation to facilitate intra-African trade; in this sense, notes that removing barriers to intra-African trade can facilitate the growth of regional value chains, which can facilitate means for African companies, and in particular SMEs, to internationalise;
Amendment 154 #
2021/2178(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines the need to establish a constructive public-private dialogue and to make cultures evolve with a view to an intelligent network of ecosystems, up to the hybridization between the public sphere and the private sector; with this backdrop the EU must continue to work with African countries on facilitating and promoting private investment on the continent, as the public investment is not enough on its own; calls to further increase public and private trilateral partnerships to develop new trade relations in sectors of common interest such as energy, industry, transport;
Amendment 156 #
2021/2178(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Asks to the European Commission to put special emphasis on digitalisation under the "Global Gateway Initiative" with regard to Africa;
Amendment 157 #
2021/2178(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Considers that trade relations should be given further momentum, not only on the negotiations of the DCFTAs with Morocco and Tunisia, but with our trade agreements in the whole of the Mediterranean; notes that there is still a lack of presence of the EU companies in region; considers trade relations to be essential to reduce the influence of other powers such as China or Russia;
Amendment 159 #
2021/2178(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to assist and create conditions for African countries to integrate into the world economy, not only as the source countries of primary commodities, but as exporters of intermediate and final products, while maintaining policy space for the safeguarding of infant industries; highlights, in this context, the opportunity it represents for both continents developing and investing on emerging markets, in particular in the manufacturing sector; further stresses the importance of strengthening linkages between European and African operators in this regard to help creating value and raising standards and therefore improve competitiveness;
Amendment 163 #
2021/2178(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the future of the international trading system depends on the revitalising of the WTO and finalising the Doha Round, on which African countries have placed their hopes; emphasises that the reform and modernisation of the WTO and the WTO rulebook is an important area for cooperation between EU and African Union, since both are strongly committed to a rules-based multilateral trading system, and that a stronger cooperation on the multilateral trade agenda will greatly contribute to addressing the current global threats and challenges, including growing protectionism worldwide and the “weaponisation” of trade;
Amendment 167 #
2021/2178(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Highlights that the WTO-led Aid- for-Trade initiative aims to help Least developed countries, in particular, to build the supply-side capacity and trade-related infrastructure they need to implement and benefit from WTO agreements and more broadly expand their trade; in this sense, this initiative is a key component in trade relations with Africa, particularly in the aftermath of the COVID-19 crisis;
Amendment 173 #
2021/2178(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 176 #
2021/2178(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses that 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 build a long- term shared strategy to link trade, development and migration policies, as has been established by several European Council Conclusions, in particular the ones adopted on 16 December 2021, as it could play a key role to fight human smuggling and illegal migration routes from African countries to the EU;
Amendment 180 #
2021/2178(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for a greener and more sustainable post-pandemic world to be built back, which necessitates investing more in game-changing enterprises that have integrated social, environmental and health objectives into their business models;Notes the impact of the COVID-19 on supply chains; insist on the importance of building more resilient supply chains in the post-pandemic world by negotiating, ratifying and implementing more free trade agreements.
Amendment 182 #
2021/2178(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Regrets the major impact caused of the unprovoked and unjustified Russian Federation invasion of Ukraine on the increased price of energy, fuels, raw materials and agricultural products causing a severe increase in production costs which is jeopardising production continuity and might lead to supply chain disruptions; calls for reinforced action at international level to ensure that policy decision-making has food security at its core, in order to avoid scarcity and ensure nutritional security in the most vulnerable countries, particularly in the African continent, addressing it by trade means and preventing obstacles to the international trade in food and raw materials;
Amendment 193 #
2021/2178(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to foster investment in the African continent through innovative financial instruments to increase capital flows and reduce risk, reduce risks and helping to strengthen competitiveness for EU exports investments; to achieve those objectives, cooperation between the European InvestmentBank (EIB) and the European Bank for Reconstruction and Development (EBRD), together with Development Finance Institutions (DFIs) in a "Team Europe"approach is essential, with an adequate policy steer from the Commission, in order to boost the investment opportunities in Africa particularly by providing more risk capital and guarantees aimed to facilitate large scale investments while maintaining EU support for smaller scale local projects; in this sense,welcomes the European Fund for Sustainable Development Plus (EFSD+) which allows DFIs to take more risk in their investment programs;
Amendment 197 #
2021/2178(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Commission to prepare an effective and easily accessible microcredit scheme; in this sense, also urges the European Investment Bank (EIB), as the lending arm of the European Union, to strengthen its capacities to support private sector development in Africa and, in this regard, calls on the EIB to dedicate more funds to African Micro, Small and Medium Enterprises (MSMEs) through the EFSD+ blended budget; also underlines, in this context, the high potential of Public-Private Partnership and microfinancing to further empower SMEs and local farmers;
Amendment 202 #
2021/2178(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 203 #
2021/2178(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Stresses that implementation, widening and deepening of current trade agreements between the EU and African countries, as well as the conclusion of sustainable investment facilitation deals with selected countries in Africa opens up new opportunities for fruitful partnerships between the EU and African SMEs building on predictable legal frameworks for trade and investment; notes that these agreements can help businesses to diversify exports from Africa to the EU and move up the value chains; underlines that promoting an open, non- discriminatory and stable business environment favourable to private sector investment, as well as access to relevant digital platforms, is crucial for both EU and African SMEs; welcomes, in that regards, the IP Helpdesk for SMEs in Africa, which provides European SMEs with first-line support on how to protect and enforce their intellectual property rights (IP), as well as the new rules of origin self-assessment tool (ROSA); calls for a more innovative financing mechanisms for the private sector, that would improve market access for SMEs and mitigate risks, facilitate access to finance while reducing regulatory and administrative burden to a minimum; stresses that all these issues should be better integrated in trade agreements with Africa, with the systematic inclusion of an SME chapter;
Amendment 207 #
2021/2178(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for the EU to reinforce its support to the African countries and the AU on combating illicit financial flows and tax evasion by multinational companies;
Amendment 211 #
2021/2178(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that least developed countries (LDCs) have an interest in and are strong supporters of rules-based multilateral trading systems and their integration into the international trading system should also be improved; is aware of the fact that special and differentiated treatment is a founding principle of the WTO;
Amendment 264 #
2021/2178(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Appreciates the initiative by the Council and the Commission to organise the first Africa-Europe Week, which was held in February 2022 in Brussels and underscores the importance of promoting ahead of coming initiatives greater cooperation between all stakeholders, including business organisations;
Amendment 268 #
2021/2178(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that transport networks are critical enablers of trade and prosperous economies; stresses the need to better connect African rural and urban areas; notes, in particular, that a crucial challenge in the context of food insecurity is the lack of proper transportation networks and due to that, farmers are frequently restrained from delivering agricultural products over certain distances; encourages further EU engagement to facilitate market access for farmers;
Amendment 271 #
2021/2178(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Stresses that education and professional training that provide people with the skills required by the labour market are key factors for development; in this context, cooperation between universities, research institutions and vocational education and training (VET) programmes from both continents need to be strengthened; in that regards, private sector-driven initiatives on VET as well as entrepreneurship in Africa should be supported and better coordinated, as the pandemic has emphasised the importance of both digital skills and digital learning methods;
Amendment 278 #
2021/2178(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the EU’s Africa-EU Green Energy Initiative and the EU’s continued support to the African Single Electricity Market; stresses that access to energy must be guaranteed at an affordable price to everyone as a common good and a basic rightand the future energy demand are key issues that the EU and Africa should address together; notes the need to leverage the new renewable and low carbon energy potential in Africa and invest in sectors with higher added value such as green steel and green hydrogen, notably by improving technology cooperation and increasing clean energy exports; points out, that technical assistance regarding energy market legislation is needed and should be provided through EU-African cooperation, as well as the development of common standards; points out that sustainable energy cooperation should be one the main features of the "Global Gateway Initiative" with regard to Africa;
Amendment 288 #
2021/2178(INI)
25. Calls for reinforced cooperation on EU-AU digital agendas based on the principles of democratic governance, effective regulatory mechanisms across the digital domain and global-to-local governance mechanisms for data and digital infrastructures that place people- centred development at the coreenable European companies, particularly SMEs to take full advantage of trade opportunities; in that regards, also recommends that a digital transition goes in line with the principles of data protection;
Amendment 2 #
2021/2176(INI)
Motion for a resolution
Recital A
Recital A
A. whereas since the Lisbon Treaty, foreign direct investment has remained an exclusive competence of the European Union, as enshrined in Article 3(1)(e), Article 206 and Article 207 TFEU; whereas the EU’s international investment policy shouldhas been further reformed to address the current challenges;
Amendment 3 #
2021/2176(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas international investment agreements aim to ensure that EU investors enjoy a reciprocal level playing field when investing in a third country that is similar to the levels of guarantees enjoyed by third country investors in the EU;
Amendment 5 #
2021/2176(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas global foreign direct investment flows, which were already declining since 2015, have experienced a dramatic drop in 2020 (-30%) due to the COVID-induced crisis; whereas increasing outward and inward FDI will remain a key element of the path to recovery for the EU and for many other economies;
Amendment 8 #
2021/2176(INI)
Motion for a resolution
Recital D
Recital D
D. whereas around 1 500 bilateral investment treaties ratified by the Member States before the Lisbon Treaty are still in place, including the Energy Charter Treaty;
Amendment 9 #
2021/2176(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas EU IIAs include or refer to a sustainable development chapter, which covers responsible business conduct (RBC) and the respect of environmental, human rights and labour standards, as well as the commitment of the Parties that those standards shall not be lowered in order to attract investment;
Amendment 11 #
2021/2176(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas FDI and the EU investment policy play a key role for diversification of supply chains;
Amendment 14 #
2021/2176(INI)
Motion for a resolution
Recital E
Recital E
E. whereas one of the top priorities of the European Green Deal is to respond to the challenges of climate change and environmental degradation; whereas all EU policies need to contribute to these goals, including investment policy; whereas substantial investments are needed worldwide in order to achieve the aims of the European Green Deal, meet the UN Sustainable Development Goals (SDGs), and recover from the COVID-19 pandemic;
Amendment 18 #
2021/2176(INI)
Motion for a resolution
Recital G
Recital G
G. wWhereas the number of investor- state dispute settlement (ISDS) cases is rising each year, including against Member States, signalling the ease of use of ISDS; whereas about 15 % of cases known to be filed against Member States in 2020 were intra-EU disputes;
Amendment 25 #
2021/2176(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the EU’s investment policy needs to meet the expectations of investors and beneficiary states, but also the EU’s broader economic interests and external policy objectives; considers that EU international investment policy needs to be reformed in order to address a variety of challenges and transform it into an integrated and coherent policy frameworkrecalls the European Parliament's call for an integrated and coherent policy framework, which promotes high-quality and sustainable investments; welcomes the efforts undertook by the European Commission since 2010 to reform the Union's investment policy in that direction; considers that EU international investment policy needs to pursue its reform efforts to better meet the current challenges of better protecting our investors and making our Single Market an attractive place to invest in;
Amendment 30 #
2021/2176(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 45 #
2021/2176(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the definition of investment as codified in EU IIAs covers not only greenfield investments, but alsoshould not cover financial instruments that can be held for purely speculative purposes or for the extraction of rent;
Amendment 48 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the Commission’s efforts to open up new markets to EU investors through the negotiations of chapters on investment liberalisation with third countries; calls on the Commission to seek the best possible conditions for EU investors abroad, reflecting the level of openness that foreign investors enjoy in the EU and covering all ranges of business activities, including services and manufacturing sectors;
Amendment 50 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to monitor and seek the removal of barriers to the establishment and operation of EU investors in foreign markets, including discriminatory practices and performance requirements such as technology transfer; welcomes the Commission’s focus on enforcement of existing commitments, and underlines that this should also apply to investment-related commitments;
Amendment 51 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Invites the Commission to use all available means to improve the investment climate in developing countries, both through development cooperation tools and through bilateral agreements; welcomes, in that regard, the focus on investment facilitation disciplines seeking to enhance transparency, streamline procedures and enhance public-private dialogue; highlights that those disciplines should benefit both EU and local investors;
Amendment 52 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Recalls that in the last decade, the Union signed several agreements containing investment chapters with third countries; regrets that mixed agreements and agreements under shared competences1 are either only applied provisionally or not in force at all; urges Member States to ratify these agreements as soon as possible so that all EU investors can benefit from greater market liberalization and stronger investment protection rules and standards; [1] Provisions on portfolio investment and/or ISDS are shared competence between the European Union and its Member States, according to the ECJ (Singapore Opinion).
Amendment 53 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
Amendment 54 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Underlines that investment can and should have a positive impact on sustainable development; is concerned that according to OECD, developing countries faced a shortfall of USD 1.7 trillion in 2020 due to the COVID- induced crisis in addition to the exiting USD 2.5 trillion funding gap; calls on the Commission to ensure consistency of the EU’s investment policy with the European Green Deal and the SDGs; calls on the EU’s investment policy to help developing countries, notably African countries, in reducing the funding gap to reach the SDGs;
Amendment 56 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 h (new)
Paragraph 3 h (new)
3h. Welcomes the leadership role taken by the European Union in the World Trade Organization (WTO) plurilateral negotiation on Investment Facilitation for Development, which will improve the investment and business climate, and make it easier for investors in all sectors of the economy to invest, conduct their day-to-day business and expand their operations in developing countries; is encouraged to see that more than two-thirds of WTO members participate to this negotiation; supports the progress made so far by the parties, and strongly encourages parties to reach their stated goal of concluding the negotiation by the end of 2022;
Amendment 57 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 i (new)
Paragraph 3 i (new)
3i. Welcomes the Commission’s trailblazing work on new standalone investment facilitation agreements, which would facilitate and support sustainable and inclusive investment; takes note in that regard of the start of negotiations with Angola in June 2021 on such an agreement; invites the European Commission to conclude this negotiation as soon as possible; takes note that similar investment facilitation provisions are being negotiated among African countries in the future Investment Protocol of the African Continental Free Trade Area; invites the Commission to continue supporting those negotiations;
Amendment 58 #
2021/2176(INI)
Motion for a resolution
Subheading -1 (new)
Subheading -1 (new)
-1 Opening new markets to all EU investors
Amendment 59 #
2021/2176(INI)
Motion for a resolution
Subheading -1 a (new)
Subheading -1 a (new)
-1a Ensuring an investment-friendly business climate
Amendment 60 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 j (new)
Paragraph 3 j (new)
3j. Recalls that investment protection measures seek to ensure, through commitments such as non-discrimination on the grounds of gender, race or religion, fair treatment for investors or compensation in case of expropriation; welcomes in that regard the reform efforts carried out by the Commission for the precise definitions of protection standards in modern investment agreements;
Amendment 62 #
2021/2176(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that an alarming number of investment claims target environmental measures; regrets the fact that various countries, including the Member States, are being sued in relation to policies on climate, the phasing out of fossil fuels, or the just transition;Underlines that the international investment policy should promote, and not decline investments, by ensuring the ability for investors in all sectors of the economy to invest; stresses that the green transition must enable compensation for investors when governments introduce new policy that will affect ongoing and prospective investments.
Amendment 69 #
2021/2176(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission to exclude invensure consistments in fossil fuels or any other activities that pose significant harm to the environment and human rights from treaty protections, in particular investor-state arbitration mechanismscy between IIAs and EU environment policies, labour rights, and human rights, notably through provisions on sustainable development aiming at improving the domestic framework in which foreign investors operate;
Amendment 71 #
2021/2176(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that even in the absence of legal proceedings, the explicit or implicit threat of recourse to investment arbitration can enhance the position of investors in negotiations with states (the ‘chilling effect’); however, stresses that modern EU IIAs do clearly recall the principle that governments have the right to regulate legitimate public policy objectives on matters of public health, social services, public education, safety, environment or public morals, social or consumer protections, privacy and data protection, or the promotion and protection of cultural diversity, including in a manner that may negatively affect the operation of an investment or an investor’s expectation of profits; calls on the Commission to strongly assert its right to regulate;
Amendment 76 #
2021/2176(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that IIAs do not contain investor obligations; stresses that only foreign investors can launch investment cases against states; regrets the fact that having a case dismissed is the best possible outcome for respondent states but includes provisions on trade and sustainable development whereby parties commit not to lower environmental and labour standards to attract investment, and to promote the uptake of responsible business conduct in their territories; stresses that under the majority of investment treaties only foreign investors can launch investment cases against states; invites the Commission to continue international discussions on how to make investment obligations more effective in the field of international investment law;
Amendment 80 #
2021/2176(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerUnderlineds that recent EU IIAs still contain broadlimit protection standards which can be uto well-defined extreme caseds to challenge legitimate public polichat EU investors may face in third countries; asks the Commission to conly allowtinue protectiong against discrimination, direct expropriation and thand indirect expropriation, losses owing to war or civil unrest, breach of physical security, denial of justice, fundamental breach of due gpross denial of justicecess, manifest arbitrariness, targeted discrimination on manifestly wrongful grounds such as gender, race or religion, or abusive treatment such as harassment, and to ensure that foreign investors are not accorded superior rights to those enjoyed by domestic investors;
Amendment 86 #
2021/2176(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that EU IIAs negotiated after 2009 still include sunset clauses which prevent easy termination; points out that Member States and the other contracting parties can agree to neutralise sunset clausesunset clauses are standard procedures in EU IIAs as they are meant to protect investment on the long-term; however, notes that Member States and the other contracting parties can agree to shorter sunset clauses as is the case in recent negotiations where parties agreed to a five-year sunset clause with the possibility to agree on an extension of five additional years in case of no replacement; calls on the Commission to assess the benefit of negotiating shorter sunset clauses for EU investors;
Amendment 92 #
2021/2176(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that under both customary international law and international human rights law, individuals are requiredoffered the possibility to seek redress before domestic courts before bringing international proceedings against the state for wrongful acts; regretspoints out the fact that international investment law, by contrast, usually does not require the exhaustion of domestic remedies; notices, however, that the requirement to exhaust domestic remedies would be inefficient in countries with flawed judicial systems; welcomes the Commission’s “no U-turn” approach that prevents investors from cherry- picking remedies using different tracks once they have opted for bringing a claim under the Investment Court System;
Amendment 94 #
2021/2176(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the considerable damages awarded by investment tribunals have imposed a significant financial burden on respondent states; points out that the use of valuation methods generally used by adjudicators is highly controversial owing to their very wide margin of discretion and reliance on highly complex and inherently speculative assumptions; invites the Commission to review theprovide safeguard within provisions governing compensation in EU IIAs; and the use of stronger clauses preventing the use of punitive damages; notes in that regard the benefits that a permanent multilateral investment court with well-versed adjudicators will bring; calls on the Commission to advocate for strict valuation methods in the ongoing UNCITRAL reform negotiations;
Amendment 101 #
2021/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. StressNotes that the increasing recourse by investors to third parties to finance their litigation in exchange for a return in the outcome of an award (third- party funding) is adding incentives to increase the number of claims; invites the Commission to support the restric; welcomes the Commission's efforts for ensuring full transparency of third-party funding in EU investment agreements; invites the Commission to continue international negotiations ofn how to regulate third-party funding for investor- state disputes beyond EU agreements;
Amendment 108 #
2021/2176(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to terminate or modernise anytheir bilateral investment treaties that contain ISDS, any treaties that contain protection standards beyond protection against direct expropriation, nationality-based discrimination or the gross denial of justice, and any treaties that protect fossil fuel investment(BITs) or modernise them as to put them in conformity with the reformed approach in EU IIAs; takes note of the fact that EU IIAs no longer protect old BITs standards and points out to the fact that a multilateral court system would solve such adjudication issues;
Amendment 110 #
2021/2176(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to swiftly ratify already concluded EU IIAs, in order to replace bilateral investment treaties with modern provisions protecting all EU investors alike;
Amendment 112 #
2021/2176(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to ensure that all of the Member States’ bilateral investment treaties are fully compatible with EU law; supports the Commission in strictly applying the conditions for authorising the negotiation, signature and conclusion of new agreements by Member States; supports the Commission in issuing interpretative guidelines to be followed by Member States to ensure a unified interpretation of modernised EU investment policies;
Amendment 125 #
2021/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that the ECT is the most litigated investment agreement in the world today; welcomesupports efforts to modernise the ECT and the EU’s position to exclude protection for most fossil fuel investments; notes that investments considered ‘significantly harmful’ under the EU taxonomy would remain protected according to the EU’s position; underlines that amending the ECT requires unanimity of all contracting parties voting at the annual conference;
Amendment 133 #
2021/2176(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. UrgesCalls on the Commission to ensure that a revised ECT will immediately prohibit fossil fuel investors from suing contracting parties for pursuing policies to phase out fossil fuels in line with their commitments under the Paris Agreement; calls on the Commission and the Member Stand the Member States to not precede the negotiation process aiming at reaching an agreement and instead evaluates to start preparing a coordinated exit from the ECT with a view to formal submission to the Council in the event of the negotiating objectives not being achieved by June 2022he results being achieved at the Energy Charter Conference in June 2022 before considering the option of a coordinated exit from the ECT;
Amendment 148 #
2021/2176(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. NotWelcomes that in the context of the UNCITRAL Working Group III discussions, the EU and its Member States are pursuing the establishment of a standing mechanism to resolve investment disputes: the multilateral investment court; stresses, however, that this proposal does not covercalls on the Commission to promote the modernisation of substantive protection standards in appropriate international fora;
Amendment 154 #
2021/2176(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points outIs concerned that on a global scale in 2017, 2019 and 2020, more investment treaties were terminated than new IIAs concluded; notes that recently concluded mega-regional IIAs employ an increasingly cautious approach to investor-state adjudication;
Amendment 1 #
2021/2166(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Commission Communication entitled ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ (COM/2021/350 final),
Amendment 2 #
2021/2166(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the European Parliament report entitled ‘A New Industrial Strategy for Europe’ (2020/2076(INI)),
Amendment 8 #
2021/2166(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to its report ‘on a new strategy for European SMEs’(2020/2131(INI))
Amendment 11 #
2021/2166(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
Amendment 16 #
2021/2166(INI)
Motion for a resolution
Recital A
Recital A
A. whereas better law-making is a common goal for all EU Institutions, and should be achieved by increasing transparency, accountability and cooperation between the institutions and Member States, citizens and stakeholders, ensuring full respect of all fundamental European values, including democracy, the rule of law and human rights; whereas European legislation should be fit for purpose, balancedproportionate, clear, transparent and comprehensive in order to effectively benefit citizens and stakeholders;
Amendment 30 #
2021/2166(INI)
C. whereas better law-making must aim to serve the EU’s political ambitions, especially its long-term objectives, such as social progress and the binding objective of Union climate neutrality by 2050, and the long-term priority objective for 2050 that citizens live well, within the limits of our planet; whereas sustainabilit for 2050; whereas sustainability and social market economy should be at the heart of quality law-making, placing social, environmental and economicconomic and environmental considerations on an equal footing;
Amendment 35 #
2021/2166(INI)
Motion for a resolution
Recital D
Recital D
D. whereas well carried out ex ante and ex post impact assessments and, public consultations and the "evaluate first principle" are essential tools for well- informed, better, efficient, accountable and transparent law-making;
Amendment 40 #
2021/2166(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the Regulatory Scrutiny Board (RSB) Plays an important role in improving European legislation and it assessed that around 1/3 of impact assessments in 20211a have been negative in their first assessment; _________________ 1a https://ec.europa.eu/transparency/docume nts-register/
Amendment 41 #
2021/2166(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the aim of the regulatory fitness and performance (REFIT) programme isand the Fit for Future Platform (F4F) are to simplify EU laws and reduce unnecessary administrative burdens with a view to improve regulatory compliance, increasing the focus on regulatory offsetting and fitness checks of previous, current and future legislation;
Amendment 59 #
2021/2166(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s commitment to making better use of foresight, mainstreaming the Sustainable Development Goals in all its legislative proposals, in line with the UN’s 2030 Sustainable Development Agenda,aim that EU laws should deliver maximum benefits to citizens and businesses, in particular small and medium-sized enterprises and to paymaking greater attention to gender equality and equality for all, and to ensuring that the ‘do no significant harm’ and precautionary principles are applied across all policy areasbetter use of strategic foresight; since it plays a key role in helping to future-proof EU policy making by ensuring that short-term initiatives are based on a longer-term perspective; calls foron the Commission to clearly define the ‘do no significant harm’ principle in order to ensure its consistent application; welcomes the proposal that sustaisystematically apply regulatory sandboxes for policy making to every policy field enability andng digitalisation should be better taken into account in law-making; calls on the Commission to implement a ‘sustainability first’ approach law-making, especially for SMEs, where policy value added must clearly outweigh administrative, adjustment and compliance costs; calls on the Commission to use its strategic foresight capacities especially for burden reduction;
Amendment 62 #
2021/2166(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that there are 1.28 million1c small and medium-sized enterprises (SMEs) in the EU and therefore the Commission should not just perform the SME test more systematically, but shall foresee a mandatory SME test to be performed for all legislative proposals; _________________ 1c https://www.statista.com/statistics/878412/ number-of-smes-in-europe-by-size/
Amendment 65 #
2021/2166(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
Amendment 73 #
2021/2166(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s commitment to more actively publicising consultations in order to reach more citizens, stakeholders, in particular SMEs, and local and regional authorities;
Amendment 92 #
2021/2166(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to perform impact assessments to be performed on all acton all legislative proposals, without exception; regrets that this was not the case for several politically sensitive proposals in the past; recalls that on several occasions Parliament has carried out its own impact assessments in replacement of the Commission’s; nevertheless, recalls that impact assessments help to inform but do not replace political decision-making;
Amendment 95 #
2021/2166(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines that if an impact assessment has not been performed than the Commission should publish the staff working document at the same time as the legislative proposal;
Amendment 97 #
2021/2166(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that Parliament has set up a dedicated directorate, the Directorate for Impact Assessment and European Added Value, to be able to carry out ex ante and ex post impact assessments with a view to supporting evidence-based policy-making and asks to foresee enough funding and human resources for this Directorate in order to enable it to perform high quality impact assessments;
Amendment 104 #
2021/2166(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to enable the Fit for Future Platform and Member States to provide feedback on the Commission’s cost and benefits estimates after implementation;
Amendment 105 #
2021/2166(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Highlights the necessity for regulatory offsetting using fitness checks, consolidating parallel and overlapping regulations and calls on the Commission to thoroughly examine how new legislative elements overlap with existing legislation and to avoid unproportionally increasing administrative, adjustment and compliance costs for citizen and companies, especially SMEs and urges the Commission to take a closer look at legislative network effects and consolidate its legislative activates, accordingly;
Amendment 107 #
2021/2166(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission’s renewed commitment to transparency of the evaluation process and calls for the publication of multi-annual evaluation plans; further emphasises the need to increase the availability of public, complete and accessible evidence supporting impact assessments and evaluations, and welcomes, in this regard, the Commission’s intention to improve its evidence registers and the links between them as well as to make its internal databases and repositories easily publicly accessible;
Amendment 116 #
2021/2166(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note ofWelcomes the use of instruments such as the regulatory fitness and performance programme (REFIT) and the ‘Fit for Future’ Platform to identify opportunities for simplification and reducing unnecessary costs before the Commission proposes a revision, while ensuring the highest standards of protection and enhancing compliance with EU law; recalls that the ‘Fit for Future’ platform’s role is also to assess whether specific Union legislation and its objectives remain future-proof and adapted to new challenges while increasing the focus on regulatory offsetting;
Amendment 124 #
2021/2166(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that ‘strategic foresight’ could plays a key role in helping to future- proof EU policy-making by ensuring that assessments of new initiatives are grounded in a longer-term perspective, emphasising the added value of quality legislation as an investment in the future; welcomes the integration of ‘foresight elements’ into the Commission’s better regulation agenda in impact assessments and evaluations; considers, however, that the Commission’s methodology for quantifying costs, deciding on trade-offs and implementing strategic foresight remains unclear, and that practice will allow assessment ofthe Commission needs to provide prove how these approaches have been followed in practice; encourages the Commission to look into innovative cost assessment tools;
Amendment 127 #
2021/2166(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Outlines that the Commission should better align and combine its better regulation and strategic foresight activates in order to better integrate both processes;
Amendment 128 #
2021/2166(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Urges the Commission to establish a SME Envoy to minimise bureaucratic burdens across Member States, being appointed with horizontal competencies within the presidency’s Cabinet, in order to do justice to the importance of SMEs in the EU;
Amendment 129 #
2021/2166(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Points out that the quality of the replies to parliaments questions for oral answer, such as for example O- 000003/2020 and O-000028/2021 concerning the implementation of the better Regulation, are very poor, calls therefore for an immediate and structural significant improvement of the Commissions answer to parliamentary questions;
Amendment 133 #
2021/2166(INI)
11. Takes note ofWelcomes and strongly supports the involvement of the Regulatory Scrutiny Board (RSB) in impact assessments, fitness checks, and major evaluations of current legislation; notes, however, that the transparency of the Regulatory Scrutiny Board on meetings with stakeholders, reviews, recommendations and opinions should be significantly improved; underlines that the work of the Board should not ultimately affect the Commission’s capacity to propose legislation or unduly delay the adoption of legislative proposals; considers that all the Board’s opinions should always be made public immediately after adoption without any exception, as its involvement significantly improve the evidence-based work of the Commission; recognises that the independence of the RSB has to be strengthened and calls on the Commission to extend its collaboration with the RSB, strengthening it by providing more means and competences to its work; calls on the Commission to publish all RSB´s opinions immediately after adoption without any exception and to delver them as well to the Parliament and the Council;
Amendment 139 #
2021/2166(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes note ofWelcomes the ‘one in, one out’ approach by which the Commission aims to offset newly introduced burdens by relieving citizens and businesses of equivalent burdens at EU level in the same policy area; regrets the unilateral introduction of this approach by the Commission, without a prior impact assessment or consultation; underlines that the implementation of this approach should not affect political imperatives or the objectives of better regulation, and emphasises that it should not lead to mechanical or mathematical decisions to repeal legislation, lower its standard or result in a chilling effect on legislation; recalls that the need for new legislation should not automatically imply that current legislation is no longer needed; calls and asks the Commission to make more efficient use of it and focusing more on regulatory offsetting; calls for new legislation to go hand in hand with replacing, merging and improving and for this approach to be based on a transparent and evidence-based methodology giving balancedproportionate consideration to all sustainability aspects, both in terms of benefits and costs, including the costs of non-compliance and inaction; calls on the Commission, in this regard, to make its ‘one in, one out’ calculator public before applying this approach and to develop the current "one in, one out" approach into a binding "one in, x out" approach applicable to all legislations, in order to allow for future- proof, coherent and less burdensome legislation;
Amendment 142 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission to introduce a digital single reporting instrument, consolidation reporting requirements arising from the revision of the non-financial reporting directive (NFRD), the taxonomy, but also the reporting requirements from the Fit for 55 package in a single tool, which is designed with specific requirements and ready-made Key Performance Indicators (KPls) and standards, accessible in a modular and digital way for companies and other organisations
Amendment 146 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Highlights that the Better Regulation Guidelines and Toolbox need to be improved with regards to the effects of costs added by co-legislators in the course of negotiations and Member States “gold-plating” legislation when transposing it into the national laws since "gold-plating" practices are one of the main sources of administrative burden;
Amendment 147 #
2021/2166(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Recalls on Member States and the Commission to acknowledge the immediate need for better regulation and simplification and to adopt a roadmap with concrete and binding targets and indicators as an important prerequisite for our economy’s ability to recover and innovate; notes that several Member States have set quantitative targets of up to 30% for the reduction of administrative burden; therefore, calls on the Commission to set ambitious and binding quantitative and qualitative targets, such as reducing administrative burdens at least by 55% to the level of regulatory burden in 2021 by 2030; underlines the need for the consistent application of the ‘think small first’ principle and the strengthening of the principle of being ‘big on big things, small on small things’ in order to ensure proper focus on SMEs in EU and national legislation and as the basis for a new interinstitutional commitment to reducing administrative burdens;
Amendment 1 #
2021/2077(INI)
Draft opinion
Citation 1
Citation 1
— having regard to Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings, and its potential review, as well as Directive 2012/27/EU on energy efficiency1 , _________________ 1 OJ L 156, 19.6.2018, p. 75.
Amendment 2 #
2021/2077(INI)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
— having regard to the recently published ‘Fit for 55 package’,
Amendment 4 #
2021/2077(INI)
Draft opinion
Citation 7 a (new)
Citation 7 a (new)
— Whereas electric vehicles (EV) constitute an important component of a clean energy transition based on energy efficiency measures, alternative fuels, renewable energy and innovative solutions for the management of energy flexibility;
Amendment 5 #
2021/2077(INI)
Draft opinion
Citation 7 b (new)
Citation 7 b (new)
— Whereas the Energy Performance of Buildings Directive (EPBD) complements the Alternative Fuels Infrastructure Directive by providing legal basis for the deployment of recharging points in residential and non- residential buildings; whereas with the majority of recharging highly likely to happen in private and in publicly accessible non-residential sites, the EPBD is the only law at European level to support the smart, private recharging;
Amendment 6 #
2021/2077(INI)
Draft opinion
Citation 7 c (new)
Citation 7 c (new)
— Whereas a critical analysis of the implementation of the existing provisions of the EPBD contrasted with the EU's increased climate ambitions for 2030 and 2050, should serve as a reference point for the future revision of EPBD, proposal of which is expected to be published by the end of 2021 (Q4 2021);
Amendment 7 #
2021/2077(INI)
Draft opinion
Citation 7 d (new)
Citation 7 d (new)
— Whereas the existing private chargers have different applications and technical requirements than public charging points as they are supplied with lower power and are used for longer charging periods, they remain the most affordable type of charging method;
Amendment 8 #
2021/2077(INI)
Draft opinion
Citation 7 e (new)
Citation 7 e (new)
— Whereas all new cars and vans will have to reduce their greenhouse gas emissions by 2035, and whereas the EPBD would need to reflect upon requirements for the installation of a minimum number of recharging points in parking spaces in buildings by mandating the deployment of adequate pre-cabling for EV charging by that date; whereas from 2025, Member States shall set requirements to define a minimum requirement of recharging points for all non-residential buildings, both public and private, with more than twenty parking spaces according to national conditions;
Amendment 11 #
2021/2077(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the recognition of the importance of the pre-cabling infrastructure requirements in new residential and non-residential buildings as one of the conditions for the rapid deployment of recharging points; calls upon the European Commission to stream importance of such requirements in the National Policy Frameworks (NFPs);
Amendment 14 #
2021/2077(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that the availability of the charging points is one of the incentives for a private owner to opt for an electro- mobility solution; notes however that the existing EPBD is only setting the ducting infrastructure requirements for new residential buildings and residential buildings undergoing major renovation, with more than ten parking spaces; points out that the Directive provides for an opt out in case the cost of the recharging and ducting installations exceeds 7 % of the total cost of the major renovation of the building; calls upon the Commission in cooperation with Member States to examine through a cost analysis possible ways to encourage developers to foresee the adequate infrastructure for the EVs users;
Amendment 18 #
2021/2077(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Welcomes the recognition of the importance of the measures facilitating the deployment of recharging infrastructure by addressing barriers such as split incentives and administrative burdens;
Amendment 20 #
2021/2077(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Notes that the existing EPBD requires from the Member States to facilitate the deployment of recharging points in new and renovated buildings under certain conditions; notes that consumer-friendly and cost effective provisions, focusing on installation of recharging points for electric vehicles in shared garage of multi-dwelling buildings would incentivise smart and efficient infrastructure planning and permitting;
Amendment 22 #
2021/2077(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the notion that recharging electric vehicles in residential and office buildings needs to complement publicly accessible recharging infrastructureEmphasises that the vast majority of vehicle charging will need to happen near homes and workplaces, where it can take place at lower power levels, at night or during a full working day; points out that this reduces the need for the complex, costly investments in grid-, transmission- and power capacity associated with public fast-charging points;
Amendment 24 #
2021/2077(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the notion that recharging electric vehicles in residential and officenon-residential buildings needs to complement publicly accessible recharging infrastructure;
Amendment 25 #
2021/2077(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 27 #
2021/2077(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Highlights the importance of investments in public charging stations along core network corridors and on the comprehensive network, but emphasises that these can only be a complement to the much larger number of charging points that will be needed near homes and workplaces;
Amendment 37 #
2021/2077(INI)
4. Underlines the fact that the renovation of buildings plays an essential role for the decarbonisation, integration of renewables and digitalisation in the transport sector; welcomes, in this regard, the Commission’s ambition in the ‘Renovation Wave’ to double annual energyto foster a higher annual renovation rates;
Amendment 51 #
2021/2077(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Encourages Member States to explore possible measures, such as tax relief, the adoption of effective bank loans systems and other solutions in order to support private users and SMEs in deploying smart, private recharging points;
Amendment 54 #
2021/2077(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses the importance of the financial support for the deployment of smart, private recharging infrastructure for SMEs willing to transform their fleet of light-duty cars into electric cars;
Amendment 55 #
2021/2077(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Notes the importance to identify shortcomings in the implementation of the existing EPBD, the revision of which should foster provisions to further encourage and facilitate the deployment of private and public charging infrastructure in residential and non- residential buildings;
Amendment 24 #
2021/2046(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Green Deal outlines that the transport sector needs to cut at least 90 % of its emissions by 2050, while at the same time transport needs to be kept affordable and the industry competitive at least at current levels;
Amendment 34 #
2021/2046(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the White Paper ‘Roadmap to a Single European Transport Area’ identified the main shortcomichallenges of mobility in the Union already in 2011, most of which are still present today;
Amendment 35 #
2021/2046(INI)
Motion for a resolution
Recital C
Recital C
C. whereas transport is the only major economic sector in the Union where greenhouse gas emissions have increased since 1990, and even with the measures currently planned, emission levels will remain above 1990 levels in 2030; whereas inland freight transport could increase by over 50 % between now and 2050;he fuel efficiency of transport increased considerably over the last decades while the Euro class regulation successfully decreased road borne pollutants at the same time; Transport got safer for all Europeans and due to deregulation and technological progress all Europeans could afford to increase their mobility. The backside of this positive development was an overall increase of CO2 emissions from the sector, which needs to be addressed until 2050 while at the same time the achievements and benefits for our Citizens have to be safeguarded.
Amendment 41 #
2021/2046(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the decarbonisation of transport will only reduce the Union’s dependence on imports of fossil fuels and strengthen Europe’s energy security if biofuels and synthetic fuels are produced in Europe;
Amendment 48 #
2021/2046(INI)
Motion for a resolution
Recital E
Recital E
E. whereas road transport is still dominantthe most reliable and cost efficient mode in freight transport and accounts for more than 73 % of all land transport while rail has to overcome its sector specific patchwork of rules in order to increase its share from only around a 17 % share and inland waterwaysand investments in inland waterways infrastructure needs to be ramped up to increase its share of a bit more than 5 %;
Amendment 66 #
2021/2046(INI)
Motion for a resolution
Recital F
Recital F
F. whereas some automotive manufacturers have announced a phase- out date for internal combustion engines for light-duty vehicles; whereas the industry has indicated that there will be 200 000 zero-emission heavy-duty-vehicles on European roads by 2030internal combustion engines already allow zero-emission or negative-emission operations if bio fuels or synthetic fuels are used;
Amendment 68 #
2021/2046(INI)
Motion for a resolution
Recital F
Recital F
F. whereas some automotive manufacturers and neighbouring European countries have announced a phase-out date for internal combustion engines for light-duty vehicles; whereas the industry has indicated that there will be 200 000 zero-emission heavy-duty-vehicles on European roads by 2030; whereas the United Kingdom has announced a ban on the sale of new fossil-fuel internal combustion engines from 2030, and Norway has announced such a ban starting in 2025;
Amendment 73 #
2021/2046(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas technology neutrality is the most efficient way to address the different individual mobility needs of citizens and businesses, and it enables the market to offer tailored solution for the different challenges of rural and urban environments;
Amendment 76 #
2021/2046(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas co-modality should be the central element for any transport policy which aims to improve affordability, availability and reliability of mobility by promoting competition within the modes, especially within rail;
Amendment 78 #
2021/2046(INI)
Motion for a resolution
Recital G
Recital G
Amendment 85 #
2021/2046(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Commission report on the application of Directive 2014/94/EU on the deployment of alternative infrastructure identified shortcomings that could undermine the overall uptake of zero-emission vehiclesneed to come forward with an impact assessment and corresponding policy proposals which enables the European Parliament and the Council to choose the most suitable way to reduce CO2 emissions under the precondition that transport needs to stay as affordable as it is today;
Amendment 131 #
2021/2046(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s sustainable and smart mobility strategy and supports its ambition to achieve a climate- neutral, digitalised, competitive, affordable, resilient, reliable, and efficient transport sector;
Amendment 136 #
2021/2046(INI)
Motion for a resolution
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Calls on the Commission that all upcoming policy decisions related to the CO2 targets as laid out in the Green Deal must follow the life-cycle approach.
Amendment 140 #
2021/2046(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to formulate clear benchmarks and establish an annual report on the progress, including proposals for corrective measures if targets do not materialize.
Amendment 147 #
2021/2046(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Member States to support the sustainable and smart mobility transformation through the Next Generation EU recovery package by investing in research, rail infrastructure and by supporting European based production facilities for alternative fuels;
Amendment 181 #
2021/2046(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s efforts to accelerate the uptake of zero- emission vehicles and zero-emission fuels; calls on the Commission to aim for higher numbers of zero-emission light- and heavy-duty vehicles by 2030 and to propose more stringent CO2 standards and air-pollutant emission standardsreiterates that the measurements of CO2 Emissions at the tail pipe is insufficient and calls on the Commission to immediately come forward with an holistic life-cycle emission approach for all modes of transport;
Amendment 197 #
2021/2046(INI)
Motion for a resolution
Paragraph 3 – subparagraph 1 (new)
Paragraph 3 – subparagraph 1 (new)
Calls on the Commission to incorporate biofuels and synthetic fuels into the CO2 fleet targets for passenger cars, vans and heavy duty vehicles;
Amendment 201 #
2021/2046(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to carry out a diligent, comprehensive impact assessment of scenarios where the EU should set a deadline for the sale of new fossil-fuel internal combustion engines, assessing the effectiveness of the measures from the climate perspective and having regard to the adaptability of the automotive industry and the consequences for competitiveness, the economy and employment;
Amendment 206 #
2021/2046(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates that Europe’s legacy fleet of 330 million vehicles can only reduce their CO2 footprint with biofuels and synthetic fuels;
Amendment 232 #
2021/2046(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes the considerable lock-in effects that prevail due to the absence of common technical standards for vehicle- charging equipment and the conscious strategy adopted by certain automotive manufacturers to tie their customers into a given system of recharging points and exclude other vehicle owners;
Amendment 237 #
2021/2046(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to lay down binding technical standards for vehicle-charging equipment and seamless payment processes so that an electric vehicle can be charged and the charging paid for as easily as if it were a fossil-fuel vehicle; believes that a roaming system between charging-equipment suppliers should be considered, as well as other potential solutions for achieving an effective, interoperable system that can significantly reduce the current costs, which are often inexcusably high;
Amendment 243 #
2021/2046(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that zero-emissionalternative fuels, such as clean hydrogen and, synthetic fuels and biofuels, should be used in accordance with the ‘energy efficiency first’ principle, mainly for those transport modes where direct electrification is not possible or not yet market-readyll modes of transport in order to reap the benefits provided by economy of scales;
Amendment 253 #
2021/2046(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that zero-emission fuels, such as clean, fossil-free hydrogen and synthetic fuels, should be used in accordance with the ‘energy efficiency first’ principle, mainly for those transport modes where direct electrification is not possible or not yet market-ready;
Amendment 275 #
2021/2046(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that large-scale electrification of the vehicle fleet will only be possible as long as the automotive industry has access to efficient, value-for- money, environmentally friendly battery technology; notes that the lion’s share of vehicle batteries are currently manufactured outside the EU, and a sharp increase in battery development and manufacturing capacity will be crucial for both the short-term survival of the European automotive industry and its long-term competitiveness; believes that the EU must therefore create incentives for more research and development in this area, in close collaboration between the industry and academia, increase Union resources for such purposes, and use all means available to facilitate battery manufacturing in the EU, both for domestic needs and for global exports;
Amendment 282 #
2021/2046(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Expresses concern at the risk of new State aid rules restricting opportunities for Member States to use public resources to support the expansion of charging points and tank infrastructure for alternative fuels in sparsely populated and extremely peripheral areas; underlines that the State aid rules should be designed so as not to prevent public- sector stakeholders from taking action to speed up electrification and the switch to fossil-free fuels in the vehicle fleet in geographical areas where such expansion is not viable in terms of the market;
Amendment 287 #
2021/2046(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Takes the view that relevant climate and environmental financing instruments within the existing financial framework for the Green Deal and Next Generation EU should be made available for investments in the TEN-T network that can help to reduce emissions from the transport sector effectively;
Amendment 294 #
2021/2046(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the announced proposals on sustainable fuels for aviation and maritime; stresses that the competitiveness of the EU transport sector needs to be safeguarded by phasing out fossil fuels for vehicle, aircraft and vessel propulsion; welcomes the requirements for greater integration of alternative fuels, but points out that these requirements must be imposed on all shipping and aviation companies that operate transport in the EU, so as not to favour stakeholders from third countries at the expense of European enterprises; underlines that any use of biofuels needs to meet the EU sustainability criteria, which take life-cycle greenhouse gas emissions into account;
Amendment 296 #
2021/2046(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the announced proposals on sustainable fuels for aviation and maritime; underlines that any use of biofuels needs to meet the EU sustainability criteria, which takewaterborne transport; underlines that a holistic approach for every mode and every energy carrier needs to be measured against its life- cycle greenhouse gas emissions into account;
Amendment 306 #
2021/2046(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to provide incentives for, and support research into and the development of alternative propulsion systems that use direct electricity or fuel cells in the maritime and aviation sectin all modes of transporst;
Amendment 315 #
2021/2046(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises the potential there is for the shipping industry’s emissions to be reduced significantly by means of investments in port infrastructure that support the use of alternative fuels and the transition to battery charging while vessels are at berth; stresses that the Commission should make relevant climate and environmental financing instruments available for this purpose;
Amendment 325 #
2021/2046(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Highlights the potential for also reducing emissions from shipping by concentrating traffic on larger, fewer, and more efficient vessels; underlines, accordingly, the importance of prioritising improved accessibility to the TEN-T network’s key ports for the very largest vessels, including by means of continuous dredging, deepening of navigation channels, and other methods of reinforcing capacity;
Amendment 387 #
2021/2046(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Takes the view that Member States should be required to rectify all missing links and bottlenecks throughout the TEN-T’s core network corridors by no later than 2030 and ensure non-passing double-track railway traffic and that main roads are upgraded to motorway standard throughout the core network; expressly calls on Member States to use resources from Next Generation EU to accelerate these infrastructure investments and rapidly increase the capacity to invest in the transport system;
Amendment 414 #
2021/2046(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to significantly increase their efforts to increase the share of walking and cycling in those urban and rural areas where conditions are the most favourable for achieving a significant change in modes of transport;
Amendment 444 #
2021/2046(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to propose a coherent legislative framework and proper enforcement tools to enable the market to offer mobility solutions that includefit the demand for the first and the last mile, thereby integrating the use of sustainable public transport and private mobility solutions;
Amendment 484 #
2021/2046(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s continued support to shift freight transport towards rail and inland waterways; regrets the fact that, despite these efforts, the share of road freight transport has increased in recent yearsiterates that without a Single European Railway Area and competition within the rail sector modal shift will not take place; underlines that sufficient trimodal terminals are a key to achieve this goal;
Amendment 485 #
2021/2046(INI)
Motion for a resolution
Paragraph 13 – subparagraph 1 (new)
Paragraph 13 – subparagraph 1 (new)
Underlines that rail has the biggest potential to realise efficiency gain, recalls that policy actions should be prioritised which increase capacity, reliability, availability and seamless cross border operations of rail freight across the Union;
Amendment 498 #
2021/2046(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Criticises the fact that it will not be possible to electrify all road transport in the foreseeable future; whereas heavy goods vehicles, long-distance buses and road haulage need alternative propulsion methods, hydrogen and fuel cells being interesting options whose development and deployment need to be promoted;
Amendment 508 #
2021/2046(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Takes the view that increasing cost-effectiveness and maximising European added value must guide the technological development and roll-outs supported by Union resources, in order to ensure as quickly as possible that running on alternative fuels, including hydrogen gas, is an efficient, value-for-money option for consumers and transport companies;
Amendment 520 #
2021/2046(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to complete the internalisation of external costs for all modes of transportincorporate and monitor the implementation of the user pays and polluter pays principle for all modes of transport, while measuring the impact of each technology on the basis of a life-cycle analysis;
Amendment 529 #
2021/2046(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the inclusion of the maritime sector in the EU emissions trading system (ETS) and the planned reduction of allowances allocated for free to the aviation sector; takes the view that the EU should bring further pressure to bear in international fora in order to achieve a global system under this model, with the aim of counteracting carbon leakage and ensuring that European stakeholders are not burdened with unreasonable costs in relation to third- country competitors;
Amendment 553 #
2021/2046(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Reiterates its deprecation of incorporating any part of the road transport sector into the Union’s emissions trading system; takes the view that existing national instruments, including carbon taxes and excise duty on fossil fuels, are perfectly adequate instruments for internalising external costs and that superimposing additional systems would be an unnecessary complication and increase the costs;
Amendment 555 #
2021/2046(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Expresses concern that additional charges in the road transport sector would affect those citizens and enterprises with the smallest financial margins, and probably citizens in sparsely populated regions and the most extreme peripheral areas, as well as the smallest hauliers;
Amendment 556 #
2021/2046(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Criticises the fact that the greatest barrier for the transition of the vehicle fleet to electric power and fossil-free fuels is the absence of an adequate tank and charging infrastructure on roads, at homes and at workplaces; takes the view, accordingly, that the focus in the first instance should be on enabling transition by developing this infrastructure rather than imposing a penalty tax on citizens and enterprises that depend on vehicles for their survival and do not currently have any real opportunity to choose an alternative method of propulsion;
Amendment 591 #
2021/2046(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the initiative to implement multimodal ticketing, and encourages the Commission to include public service obligations; reiterates that mandatory data sharing is the key to unlock the full potential of multimodality and encourages the Commission to enable a level playing field between all the stakeholders in the process from the very beginning;
Amendment 605 #
2021/2046(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Reiterates, that Galileo plays a crucial role in making all modes of transport more efficient, calls on the Commission to incorporate all GNSS services into the frame of the European Mobility Data Space and to promote and enable the use of those data by authorities, companies and citizens;
Amendment 610 #
2021/2046(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Calls on the Commission to propose a harmonised framework for digital enforcement in all modes of transport and to amend the corresponding legislation in order to make electronical information on licenses, vehicles, drivers and certificates mandatory;
Amendment 616 #
2021/2046(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights that all means of digitalisation should be used toimproves efficiency which decreases greenhouse gas emissions and increase transport safety; believes that it is of vital importance to ensure that every step of digitalisation contributes to a lower overall transport volum, while at the same time transport becomes safer, more reliable and affordable;
Amendment 642 #
2021/2046(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that the shift towards sustainable and smart mobility requires the sharing of data and proper data-integration between all relevant stakeholders; emphasises that competitive access to data is of crucial importance for the development of AI technology, which will be increasingly important in the transport and tourism sectors; stresses, therefore, that researchers and businesses need to be given greater freedom to access and use data for AI development;
Amendment 644 #
2021/2046(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that the shift towards sustainable and smart mobility requires the sharing of data and proper data-integration between all relevant stakeholders, calls on the Commission to ensure that incumbent transport companies are not abusing their position when it comes to booking platforms;
Amendment 656 #
2021/2046(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Underlines the fact that technological developments in the field of transport and mobility, in particular AI applications and autonomous vehicles, offer great potential for simplifying the daily lives of people and businesses, shortening travel times, reducing congestion, lowering harmful emissions and reducing costs;
Amendment 660 #
2021/2046(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Welcomes the Commission’s promise to establish an integrated European data area for transport data, which could considerably simplify the exchange of data required to realise the potential of connected and autonomous vehicles;
Amendment 661 #
2021/2046(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24c. Supports the goal of making the EU a world leader in the development and application of AI in the transport and tourism sectors;
Amendment 691 #
2021/2046(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Considers it important to continue expanding the TEN-T network and, in doing so, have the sharpest focus on the sectors with the greatest potential for creating social benefits in the form of improved commuting opportunities for individuals and easier market access for export businesses; points out the need to extend certain core network corridors from their end points so that they are better connected to each other, not least on several stretches over sea;
Amendment 694 #
2021/2046(INI)
27a. Points out that in particular the single market for rail and short sea shipping is still not functioning, as they are either subject to different national rules, protectionism or custom checks; Encourages the Commission to urgently address and remove existing competitive distortions in those modes of transport;
Amendment 710 #
2021/2046(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Highlights that the size and continued integration of the internal market offer the greatest potential for strengthening competitiveness and innovation in Europe, and that all fragmentation and all unwarranted border restrictions that impede the transportation of goods and people, data flows and research collaboration between EU Member States must therefore be comprehensively eliminated;
Amendment 713 #
2021/2046(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Reiterates that fair and transparent competition is a fundamental prerequisite to unlock the full potential of the Single Market; Calls on the Commission to ensure the effective opening of national rail markets;
Amendment 727 #
2021/2046(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that the shift towards sustainable and smart mobility can create new high-quality jobs; believes that possible negative consequences that this shift may have for workers should be mitigated via social funding and a specific strategy for re- and upskilling as well as the redeployment of workers, thereby ensuring a just transitionmust not lead to a redeployment of jobs and factories into third countries;
Amendment 747 #
2021/2046(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls for theto strengthening of the social dialogue in order to eliminate any form of discrimination and unequal treatment nsure that equal opportunities with regards to education and apprenticeship are achieved within the transport sector;
Amendment 769 #
2021/2046(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on the Commission and the Member States to ensure that every Citizen has the equal opportunity to pursue a career in the field of transport;
Amendment 772 #
2021/2046(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Believes that the Union’s industrial strategy, in particular the European Battery and Hydrogen AllianceGreen Deal is only a success, if individual and collective mobility stays affordable, the Union becomes less reliant from third countries especially with regards to rare earth, rare metals and energy, whill help to create well-paid and securee at the same time our industries maintains their position as global leaders, thus securing and creating well-paid jobs throughout the Union;
Amendment 799 #
2021/2046(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Supports the Commission’s efforts to either establish a European Road Safety Agency or task an existing agency with supporting sustainable, safe and smart road transport;
Amendment 822 #
2021/2046(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Encourages the Commission to adopt harmonised health and safety standards for the European tourism sector as soon as possible and to work towards the creation of a European Tourism Union;
Amendment 11 #
2021/2038(INI)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Underscores the necessity to demonstrate the benefits of living in a democracy to citizens, especially those left behind by globalization; in that context, calls on the EU and the US to work together and align their strategies to create investment synergies, particularly to achieve sustainable and inclusive digital and green transitions of their economies;
Amendment 12 #
2021/2038(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Notes that EU-U.S. common challenges are increasingly non-military in nature and lie within our economic partnership; calls for an increased legislative dialogue between the European Parliament and the U.S. Congress via committee-to-committee interaction and the Transatlantic Legislative Dialogue; suggests the creation of a Transatlantic Assembly, a consultative forum where members of the U.S. Congress and the European Parliament would share legislative initiatives and discuss cooperative actions;
Amendment 20 #
2021/2038(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the US support for the new Director-General of the WTO, the US’s return to the Paris Agreement, the WTO tariff rate quota agreement and, the temporary suspension of Airbus Boeing tariffs, and for opening discussions to address global steel and aluminium excess capacity;
Amendment 31 #
2021/2038(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises at the same time that some diverging interests remain; in this regard, urges both sides to resolve bilateral disputes; urges the US to remove unilateral trade measures and refrain from taking further ones; urges the removal of section 232 tariffs on steel and aluminium; calls for a rapid and lasting solution on aircraft subsidies; threats for additional measures on digital service taxes, and refrain from taking further ones, and focus on what brings us together; urges the removal of section 232 tariffs on steel and aluminium; calls for a rapid and lasting solution on aircraft subsidies; encourages both sides to use the EU-US Summit as a stepping stone to continue mending our trade relationship and discuss untapped areas for greater cooperation;
Amendment 46 #
2021/2038(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for enhanced cooperation on WTO reform, including reinstating the aAppellate bBody, regulating trade in health products, setting an ambitious climate and environmental agenda, concluding the fisheries negotiations, making progress in the electronic commerce negotiation, and agreeing on concrete deliverables for the 12th WTO Ministerial Conference (MC12); encourages both sides to stick torive for multilateral agreements or, if not possible, for open plurilateral agreements; calls on the US to renew its commitments to the WTO's Government Procurement Agreement (GPA);
Amendment 57 #
2021/2038(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Advocates a joint strategic approach towards China, addressing the roots of unfair trade practices and tackling industrial subsidies, state-owned enterprises and human rights concerns, forced technology transfers, and human rights concerns; notes that such issues cannot be solved unilaterally or bilaterally and demand leading a coalition of like-minded partners at the international level within the framework of the WTO;
Amendment 64 #
2021/2038(INI)
Draft opinion
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Draws attention to the importance of having a coordinated position with the US to tackle systemic structural and market distorting practices that endanger the global level-playing field; in that context, considers relevant the work done by the EU, US and Japan to strengthen existing WTO rules on industrial subsidies; urges the EU and the US to pursue this work and lead a coalition of like-minded countries at the WTO with a view to agreeing on new rules;
Amendment 66 #
2021/2038(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 70 #
2021/2038(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. In that context, calls for a stronger regulatory partnership through the Trade and Technology Council and encourages both sides to exchange best regulatory practices; urges the EU and the US to pursue their negotiation on conformity assessment to remove financially burdensome non-tariff barriers; stresses the importance for both sides to align and lead a coalition of like-minded partners to enhance the use of transatlantic standards by international standards organizations;
Amendment 72 #
2021/2038(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the EU and the US to work together and lead efforts to address the issue of vaccine shortage to ensure that vaccines are delivered worldwide and to the greatest number as fast as possible; recalls that the world is facing a global scarcity of vaccines; therefore, to achieve vaccine equity, calls on the EU and the US to work with manufacturers to increase global manufacturing capacity for vaccines and their components;
Amendment 73 #
2021/2038(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. While recognising the importance to protect European intellectual property rights to maintain businesses’ capacity to innovate, considers relevant to examine all relevant flexibilities within the TRIPS agreement with the aim to increasing global vaccines and vaccine components manufacturing capacity; stresses that finding solutions on intellectual property rights can only be one part of the common global response;
Amendment 84 #
2021/2038(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages both sides to find a framework for joint action and look for selective agreements; calls for a stronger regulatory, green and digital partnership through the Trade and Technology Council and a coordinated approach to critical technologies, a carbon border adjustment mechanism and digital and global taxes.;
Amendment 91 #
2021/2038(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages both sides to find a framework for joint action and look for selective agreements; calls for a stronger regulatory, green and digital partnership through the Trade and Technology Council and a coordinated approach to critical technologies, and together investigating a non-protectionistic carbon border adjustment mechanism and digital and global taxes.
Amendment 98 #
2021/2038(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that stronger partners make for stronger alliances; welcomes efforts being made by both sides to render their supply chains more resilient, especially with regards to critical raw materials; encourages both sides to consider the other as a partner of choice;
Amendment 6 #
2021/2037(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that in 2020 China for the first time ranked as the EU’s largest partner for trade in goods, with the trade balance further deteriorating to the EU’s detriment; recalls however that the US, followed by the UK, are still the EU’s top two partners in trade in goods and services combined;
Amendment 18 #
2021/2037(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced that the EU-China bilateral trade and investment relationship is of strategic importance and should be rules-based, with the multilateral trading system at its core; it reiterates that while economic de-coupling is not beneficial for the EU, a more assertive enforcement and adherence to commitments is necessary in the overall trade and investment relationship;
Amendment 22 #
2021/2037(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on China to play a more active part in the WTO and other multilateral initiatives and to fully comply with its WTO obligations, matching its acquired economic power with its level of development, and urges on the Commission to step up its efforts to work together with China on reforming and strengthening the rules-based multilateral trading system; urges for a specific focus on the reform of the WTO as a key tool to bring stability and legal certainty to the international trade arena, while tackling structural shortcomings at pluri- and multilateral levels; considers pertinent to specifically discuss the negative effects and possible remedies for distortions caused by the global excess capacity of steel and aluminum, alongside the importance of tackling industrial subsidies at the WTO level;
Amendment 40 #
2021/2037(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Repeats its deep concern about the many barriers that European businesses face when accessing and operating on the Chinese market; is worried that China’s ‘dual circulation strategy’ referred to in its 14th Five Year Plan will further deteriorate the business environment for EU companies; highlights again its particular concern about the market distorting practices such as, but not limited to, industrial subsidies, the beneficial treatment of Chinese state-owned enterprises, IP theft, forced technology transfers and data localisation, industrial overcapacity in sectors such as steel and the related dumping of exports, and other unfair trading practices;
Amendment 42 #
2021/2037(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the absence in reciprocity in public procurement and the need to improve the EU’s posturing in this field; recalls the importance of an assertive and effective International Procurement Instrument to open up external procurement markets, as well as an Instrument of Foreign Subsidies which can successfully tackle distortions on the EU internal market; highlights that these two instruments should complement one another in tackling different sides of the same coin, focusing on the external and the internal dimensions respectively;
Amendment 49 #
2021/2037(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Urges the Commission to place an increased emphasis on the issues linked to standardization and the normative elements ofa growing international competition; reminds, in this regard, of the links between, trade, patents and standards; calls on the Commission to intensify activity in all areas of standardization, IPR infringements, including patent infringements by Chinese companies in the fields of digitalization and communications, within all relevant bodies, including the UN’s International Telecommunication Union; urges for more policy discussions regarding the implications of Chinese initiatives such as Made in China 2025 or, increasingly pertinently, China Standards 2035;
Amendment 55 #
2021/2037(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Reiterates the increasing significance of the trade-security nexus in the EU’s international trade policy; urges the Commission and Member States to continue their efforts on monitoring FDI coming into Europe, particularly as concerns strategic assets and critical infrastructure, further strengthening the FDI Screening Mechanism and delivering swiftly on its commitments on an Anti- Coercion Instrument;
Amendment 56 #
2021/2037(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Underlines the importance of the EU strategic relationship with China and calls on the EU’s Member States and institutions to address China with one voice and in a coordinated way; considers that the 17+1investment format is promoted by China to weaken the EU cohesion regarding investment policy and calls for a higher degrees of transparency, coherence and coordination between Member States on matters related to bilateral investment projects and deals, particularly on FDI, where the EU has exclusive competence; draws attention to the links between economic dependencies and external political leverage at the level of Member States;
Amendment 57 #
2021/2037(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Stresses, in this context, the issues linked to strategic dependencies in the area of critical raw materials (CRMs) and the urgent need to augment the resilience of European supply chains; calls for efforts to diversify and consolidate the EU’s access to key strategic resources needed for powering the EU’s twin engines of growth, with a particular emphasis on the 30 elements present on the fourth list of CRMs updated in 2020; welcomes in this context the recently- adopted EU Action Plan on Critical Raw Materials;
Amendment 58 #
2021/2037(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Calls for increased attention to European SMEs that engage in commercial and investment relations with China and welcomes the Commission's support for SME-friendly initiatives such as the ‘Access to Markets’ portal, the Rules of Origin ‘ROSA’ portal or the China IPR SME Helpdesk, among others;
Amendment 59 #
2021/2037(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Is convinced of the vital significance of proper information regarding legislative and regulatory developments on the Chinese market, given its opaque and state-driven nature; recalls in this context the importance of frequent and frank discussions with EU institutions, the European Union Chamber of Commerce in China (EUCCC) and all our partners on the ground;
Amendment 60 #
2021/2037(INI)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4 h. Urges China to make tangible progress towards improving its stance on sustainable development, including on climate protection and environmental- friendly production methods, corporate social responsibility, labor conditions and respect for human rights; considers important in this context concrete action towards the ratification and implementation of outstanding ILO core conventions;
Amendment 62 #
2021/2037(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the conclusion in principle, at the political level, of the EU- China Comprehensive Agreement on Investment (CAI); recalls that the CAI alone cannot solve all issues ailing our economic and political relationship, and thus has to be considered in the context of a strengthened EU toolbox of unilateral measures; underlines it will thoroughly scrutinise the agreement, with a clear focus on its benefits related to a rebalancing in market access, fair competition and level playing field, including its sustainable development section, and take stock of the human rights context, before determining its position; stresses that proper implementation and effective enforcement will be key determinants of the utility and success of the agreement in redressing structural asymmetries in the trade and investment relationship; highlights the role and relevance of structured and frequent exchanges with the office of the Chief Trade Enforcement Officer in efforts to evaluate the future implementation of the CAI; recalls and strengthens in this context the importance of parliamentary diplomacy in facilitating mutual understanding, transparent communication and frank dialogue;
Amendment 74 #
2021/2037(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Deeply regrets the unfair and unacceptable Chinese escalation of placing elected Members of the European Parliament andEuropean Union institutions entities under sanctions, as this further erodes trust and hinders bilateral cooperation; underlines that the ratification process of the CAI cannot start until the Chinese sanctions against MEPs and EU institutions are not lifted;
Amendment 98 #
2021/2037(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers relevant a discussion on the wider regional trade architecture and deems it pertinent to have timely and comprehensive reports from the Commission on RCEP and the CPTPP, in order to ensure a solid situational awareness of what is evolving on the ground; is particularly interested in the implications for EU strategic interests of matters such as standard-setting in the Asia-Pacific as well as Rules of Origin provisions;
Amendment 101 #
2021/2037(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Draws attention to developments linked to the Chinese Belt and Road Initiative, as a key geopolitical instrument of the Chinese government; underlines that projects related to infrastructure or development financing ought to be closely monitored, including as concerns the possible negative political and geo- economic effects; highlights the need for the EU to enhance its own Connectivity Strategy, built on transparency, sustainability and accountability, as a geopolitical tool to engage with third countries in infrastructure or development projects;
Amendment 104 #
2021/2037(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Recalls, in the context of the regional dynamics, the importance of EU- Taiwan relations, the bilateral structural dialogue, including on matters related to multilateralism and WTO, technology and public health, as well as essential cooperation on critical supplies such as semiconductors; urges the Commission to move forward with the Investment Agreement with Taiwan, taking the necessary steps for a scoping exercise, impact assessment and launching a public consultation;
Amendment 17 #
2021/2015(INI)
Motion for a resolution
Recital A
Recital A
A. whereas European countries have a variety of different fleets of inland vessels, which makes inland waterway transport very convenient and useful for transporting different types and large quantities of cargo to different destinations on either large or small riverwaterways;
Amendment 26 #
2021/2015(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the further development of the inland waterway sector is a cornerstone to building a smart, sustainable and competitive European transport network;
Amendment 27 #
2021/2015(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the inland waterways, as one of the most environmentally-friendly modes of transport with a largely untapped further potential of transporting large amounts of goods across the European Union, can play a fundamental role in meeting the EU’s climate objectives;
Amendment 28 #
2021/2015(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas a current modal share of 6% is far too little and a sharp increase in the modal share of inland waterway transport is needed to reduce road congestion, enhance safety, reduce emissions and lead to a more sustainable transport system as a whole;
Amendment 31 #
2021/2015(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas contrary to many congested roads, European inland waterways dispose of free capacity, offering a significant modal shift potential; whereas the current navigability of the European waterways is patchy and the modal shift is hindered by missing links and poor reliability of free- flowing inland waterways;
Amendment 34 #
2021/2015(INI)
Motion for a resolution
Recital B
Recital B
B. whereas ports play an important role as multimodal connecting points offering other modes of transport that can take over freight loads temporarily, and whereas it is therefore important that sea and inland ports have good connections with the hinterland;
Amendment 40 #
2021/2015(INI)
Motion for a resolution
Recital C
Recital C
C. whereas river cruises, ferries, day trip vessels, water taxis and water shuttles play an important role for tourism in Europe and should become a cleaner option for tourism and public transport in regions and cities with accessible and navigable rivers, lakes and canals, which would also make urban mobility more sustainable and effective;
Amendment 55 #
2021/2015(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to take the initiative on green, efficient and digital leadership and to build on existing programmes such as NAIADES, which should inspire all stakeholders within the waterway transport sector, as well as other transport sectors, and in particular rail, to work together towards a sustainable future, while supporting the competitiveness of the sector as a whole;
Amendment 57 #
2021/2015(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to present proposals for a governance and regulatory framework in line with the next NAIADES action programme, providing European harmonisation and standardisation for quality navigability, vessels and qualification of crews; this framework should facilitate the coordination of investments, action programmes and the various bodies involved in inland waterway transport development, including the Member States’ administrations, EU agencies, TEN-T coordinators, River Commissions, and standardization committees;
Amendment 66 #
2021/2015(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that more investment in updating river and canalexpanding and updating the physical and digital waterway infrastructure (for example, locks, bridges and interoperable deployment of digital technologies across borders) is key to enabling quality navigability and strengthening the reliability of this mode of transport, while respecting the applicable environmental law;
Amendment 72 #
2021/2015(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges, in this regard, the Member States to fully respect their obligation to complete the TEN-T core inland waterway network by 2030, and the Commission and the TEN-T Coordinators to strengthen their oversight in this regard, eliminating the missing links and allowing for quality physical and digital infrastructure; points particularly to the need for increased investments in adequate multimodal infrastructure in ports, such as seamless rail connections and terminals, in order to facilitate competitive multimodal transport in Europe;
Amendment 79 #
2021/2015(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls upon the Commission and Member States to better take into account that it is often families with children on board who are operating in the inland waterway sector and to invest in adequate and regular facilities along the waterway routes in order to allow for decent en route living conditions;
Amendment 80 #
2021/2015(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Underlines the significant potential of rehabilitating connecting waterways and canals, in particular in regions that have suffered from decades of insufficient investments in inland waterways infrastructure;
Amendment 86 #
2021/2015(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that there is not a ‘one size fits all’ solution for tacklingStresses the need to better address the problem of low and high water levels as a result of climate change, in particular via more effective and resilient infrastructure; deplores, however, that the problems of the inland waterway sector, caused by thefloods and low water levels, have not been taken duly into account;
Amendment 88 #
2021/2015(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points, in this regard, to the relevance of integrating the use of space data and services such as provided by Galileo and Copernicus;
Amendment 98 #
2021/2015(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the importance of further encouraging and supporting initiatives aimed at the use ofquickly stepping up the availability and roll-out of alternative fuels, alternative fuels' infrastructure and propulsion methods for shipping with a network approach and in accordance with the principle of technological neutrality; points out that inland waterway transport can be suitable for the deployment of hydrogen, LNG, sustainable fuels, biofuels, hybrid and electric vessels, when the EU directs adequate research funding this way as well as incentivises and improves the scalability of required investments; welcomes the use of all readily deployable options to reduce inland navigation emissions, including bridging fuels and transitional systems, such as improved catalysts and filters for existing ships; points out, in this regard, the value of liquefied natural gas (LNG) as a transitional solution to reduce greenhouse gas and air pollutant emissions in inland waterway transport, as LNG emits less CO2, NOx and particulate matter than conventional inland waterways fuels; notes that the existing, technically mature vessels and distribution infrastructure now based on LNG could be used for biogas and will therefore be essential in scaling up Bio-LNG as a marine fuel;
Amendment 107 #
2021/2015(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the particular role that inland waterways should play in the EU Hydrogen Strategy, both for the clean fuelling of inland waterway transport and for the crucial importance of inland waterways and its ports for the clean and efficient distribution of hydrogen along the EU’s transport networks and industry clusters;
Amendment 108 #
2021/2015(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that there currently is a lack of market ready zero-emissions solutions; therefore calls on the Commission to develop a realistic roadmap to further reduce the pollutants and GHG emissions in order to reach a decarbonised inland waterway sector, while safeguarding competitiveness, reliability and safety;
Amendment 111 #
2021/2015(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that low-emission and zero-emission alternatives should become more financially attractive than conventional propulsions and that this trendwidely available and more affordable and that the uptake of these fuels should be accelerated, for example by a realistic, progressively increasing blending percentage based on an impact assessment as well as by regulatory stability and financial support, including through the granting of tax incentives by Member States;
Amendment 120 #
2021/2015(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the importance of ports, and their specialised shipyards where the building, conversion and retrofitting of ships take place, in the energy transition; calls therefore on the Commission and Member States to direct adequate funding and investments towards ensuring sufficient capacity and adequate infrastructure in ports to facilitate the fleet renewal and energy transition of the shipping sector;
Amendment 125 #
2021/2015(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to propose a governance framework for monitoring Rivers Basins pollution, facilitating coordination of European and national measures, investments, and action programmes;
Amendment 129 #
2021/2015(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that far-reaching digitalisation and data collection contributes to a cleaner environment and improved safety on board and result in more efficient routing, less congestion in ports and better communication and information exchange between ships, ports and infrastructure; stresses the need to further harmonise River Information Services (RIS), which wouldcalls for a strategy to develop and deploy digital and automated technologies in the inland waterway sector, outlining both interoperable standards, across modes and borders as well as the required research actions and funding, including via dedicated calls within Horizon Europe; stresses the need to update technical standards in the field of inland navigation (CESNI) and further harmonise River Information Services (RIS), which would simplify procedures in the field of regulating inland navigation, solve the problems arising from different interpretations of technical standards and the lack of comparable data, and allow for the speedy development and deployment of innovative solutions, and underlines the need to prepare for interoperable data exchange with other modes of transport;
Amendment 136 #
2021/2015(INI)
7a. Stresses the need for swift implementation of the electronic freight transport information (eFTI) regulation, allowing transport operators to share information with enforcement authorities in a swift, easy and digital manner;
Amendment 144 #
2021/2015(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of connecting existing digital transport policy frameworks and of making sure that multimodal transport data are available through a single point of access in order to achieve efficiency gains in waterborne freight transport; calls on the Commission in this regard to come up with an EU action plan for multimodal transport infrastructure and data sharing, with the goal of achieving an interoperable, synchromodal, connected and automated transport system by 2035 at the latest;
Amendment 146 #
2021/2015(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points to the need for incentives for the development of intermodal digital port platforms; calls in this regard for a Project of European Added Value, financed by the RRF, for the navigability and multimodal connection of TEN-T inland waterway corridors;
Amendment 149 #
2021/2015(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that increased automation brings the reality of synchromodal transport in Europe closer; insists therefore on the need for a European Roadmap for Smart and Autonomous Inland Waterway Transport Systems that supports researchfuture-oriented legislation, research, pilot projects and field labs, the development and successful implementation of smart ships and ports, based on Intelligent Transport Systems, and digital interoperability;
Amendment 152 #
2021/2015(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points to the benefits of EU Space services and data differentiators provided by Galileo and Copernicus to enable green, safe and secure navigation of autonomous vessels;
Amendment 153 #
2021/2015(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights that safe and secure autonomous navigation requires standardized sharing of information beyond the position of the antenna of the vessels, such as the attitude of vessels, the contour of the hull as well as on modifications of the waterways, in order to manage autonomous operations, to avoid potential collisions between vessels that share the same fairway, and to provide skippers with the latest information about the fairway; points to space solutions as enablers for inland waterway transport and the useful contribution of EU Space assets Galileo, EGNOS and Copernicus in this regard;
Amendment 158 #
2021/2015(INI)
Motion for a resolution
Subheading 4
Subheading 4
Ports: from transshipment point for fossil fuels to clean energy and circular hub
Amendment 173 #
2021/2015(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that the deployment of alternative fuels infrastructure should take into account the potential demand and market characteristics of a port; stresses, therefore, that a European rollout strategy of alternative fuels for multimodal and industrial use through the TEN-T revision and Directive 2014/94/EU on the deployment of alternative fuels infrastructure (AFID) should follow a network approach that leads to an efficiently planned infrastructure, based on the potential market demand characteristics of a port and, where necessary, along water routes and the principle of technology neutrality;
Amendment 175 #
2021/2015(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission and Member States to strengthen the synergies between the inland waterways infrastructure and the Trans-European Energy Networks, which will facilitate the energy transition of inland shipping and support the development of ports as energy hubs; highlights, in this regard, the need for better integrating inland waterways infrastructure into the European energy grid to facilitate the use of on-shore power supply; also stresses the potential of inland waterways for the transport of alternative fuels;
Amendment 179 #
2021/2015(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Points to the promising role of ports in the circular economy; calls upon the Commission to develop measures supporting circular economy activities in ports, including collection and transport of used materials, waste and recycled products, in order to unlock their potential to become circular hubs;
Amendment 188 #
2021/2015(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need to modernise inland navigation education and training, focusing on the development of green and digital skills as well as on overcoming language barriers, thereby creating attractive jobs, particularly for young people, with high and harmonised social and safety standards and qualification levels; calls, furthermore, for the proper implementation of Directive (EU) 2017/2397 on the recognition of professional qualifications in inland navigation by Member States by 17 January 2022;
Amendment 200 #
2021/2015(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of existing EU funding instruments for greening and digitalising our European inland waterway transport sector, such as the Connecting Europe Facility (CEF), Horizon Europe and, the Structural and Cohesion Funds and the Recovery and Resilience Facility (RFF), and the need to mobilise them to finance investments in alternative fuels and adequate ship, the development and roll-out of alternative propulsion systems for vessels and infrastructure;
Amendment 209 #
2021/2015(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the inland waterway sector consists mostly of SMEs, family businesses and smaller ports, which makes it difficult for them to make expensive investments in order to comply with the goals of the Green Deal; considers, therefore, that the scalability of required investments should be improved and the administrative burden and cost for access to funding should be significantly reduced;
Amendment 219 #
2021/2015(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls upon the Commission to reinforce its internal resources dedicated to inland waterway transport, including human recourses, bringing them in line with the ambitions of the Green Deal, the modal shift and the Sustainable and Smart Mobility Strategy for this sector;
Amendment 223 #
2021/2015(INI)
Motion for a resolution
Subheading 7
Subheading 7
Passenger transport and, urban mobility and waterborne city logistics
Amendment 226 #
2021/2015(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the recent Commission evaluation of the 2013 Urban Mobility Package10 ; highlights in this regard that the expected results of the Urban Mobility Plan (UMP), namely a reduction in CO2 and air pollutant emissions, less congestion and fewer road casualties in urban areas, have not consistently materialised across the EU; calls on the Commission, therefore, to encourage Member States and cities to include, where possible, waterborne city logistics and local freight distribution as well as waterborne public transport, as a safe and effective mode of transport, in their sustainable urban mobility planning (SUMP) and to enhance their urban mobility data collection; stresses, furthermore, the need to include waterborne public transport means in digital mobility platforms, such as Mobility as a Service; _________________ 10Commission staff working document of 24 February 2021 entitled 'Evaluation of the 2013 Urban Mobility Package' (SWD(2021)0047) - https://eur- lex.europa.eu/legal- content/en/TXT/?uri=CELEX:52021SC00 47
Amendment 17 #
2021/2012(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that weather-dependent renewable energy, including offshore wind, is by its nature unplannable and therefore will not, on its own, be able to provide a satisfactory level of security of supply;
Amendment 20 #
2021/2012(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises that it is vital for the public and businesses to have a high level of confidence in the security of supply of the power grid if they are to invest in electricity-dependent and climate-friendly technology; points out, with that in mind, that efforts to achieve a sufficient level of plannable fossil-free energy production should be made a priority;
Amendment 23 #
2021/2012(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasises, in the light of the massive increase in electricity production required to achieve the climate transition, that weather-dependent, unplannable sources of energy must be regarded as a complement to, rather than a substitute for, plannable fossil-free sources of energy, including nuclear power;
Amendment 26 #
2021/2012(INI)
1d. Emphasises that research into and investment in effective storage technologies for offshore wind energy need to be sped up to increase the security of supply of wind energy over time;
Amendment 55 #
2021/2012(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that all offshore wind planning should take due account of environmental protection as well as the protection of animals, nature and the landscape, in addition to assessing potential conflicts with the objectives of other uses of the sea;
Amendment 56 #
2021/2012(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Emphasises that the negative impact of offshore wind power on the landscape, its potentially harmful effects on the marine environment and the large surface area required need to be carefully weighed against the estimated benefits of individual extension projects.
Amendment 257 #
2021/0420(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) During infrastructure planning, Member States and other project promoters should give due consideration to the risk assessments and adaptation measures that seek to improve resilience, for example to climate change, natural hazards and human-made disasters. By providing further incentives to develop sustainable forms of transport and with the implementation of high-level standards for green transport infrastructure, the realisation of the trans-European transport network will support the “do no significant harm” principle.
Amendment 260 #
2021/0420(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which Union expenditure should be consistent with Paris Agreement objectives and the "do no significant harm" principle, within the meaning of Article 17 of the Taxonomy Regulation17 , projects of common interest should be assessed in order to ensure that TEN-T policy is coherent with transport, environmental and climate policy objectives of the Union. Member States and other project promoters should carry out environmental assessments of plans and projects which should include the “do no significant harm” assessment based on the latest available guidance and best practice. In cases that the implementation of a project of common interest entails a significant harm to an environmental or climate objective, reasonable alternatives should be considered. __________________ 17 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance) (OJ L 198, 22.6.2020, p. 13).
Amendment 297 #
2021/0420(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Exemptions from the infrastructure requirements applicable to the core, extended core and comprehensive network should be possible only in duly justified cases and subject to certain conditions. This should include cases where investment cannot be justified, or where there are specific geographic or significant physical constraints, for example in outermost regions and other remote, insular, peripheral and mountainous regions or in sparsely populated areas, or for isolated or partially isolated networks.
Amendment 339 #
2021/0420(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To achieve transformation of the transport sector into a truly multimodal system of sustainable and smart mobility services, the Union should build a high quality transport network with, free of bottlenecks, with double-track railway along the core network enabling rail services to meeting minimum line speeds. Competitive passenger rail has a high potential for the decarbonisation of transport. There is the need to develop a coherent and interoperable European high speed rail network linking its capitals and major cities. Complementing existing high speed lines with passenger lines at a minimum line speed of 160 km/h should in return lead to network effects, a more coherent network and an increased number of passengers travelling by rail. The completion of a high-performance network will also facilitate the development and introduction of new or different models of capacity allocation, for example interval- service timetables enabled by the Timetable Redesign (TTR) initiative.
Amendment 473 #
2021/0420(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Taking stock of the experience with regard to the crisis management during the Covid-19 pandemic25 and in order to avoid traffic disruptions and contingencies in future, Member States should take into account the security and resilience of the transport infrastructure to climate change, natural hazards, human-made disasters and other disruptions affecting the functioning of the Union transport system, when planning infrastructure. To that aim, existing bottlenecks should be removed and the European Transport Corridors should also include important diversionary lines which can be used in case of congestion or other problems on the principal routes. In addition, due to their multimodal nature, one mode can substitute the other in case of emergencies. __________________ 25 Communication on the implementation of the Green Lanes under the Guidelines for border management measures to protect health and ensure the availability of goods and essential services; C(2020)1897 final (OJ C 96 I, 24.3.2020, p. 1) and Communication of 28 October 2020 from the Commission to the European Parliament, the European Council and the Council on “upgrading the transport Green Lanes to keep the economy going during the COVID-19 pandemic resurgence”; COM(2020)685 final.
Amendment 545 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) 'bottleneck' means a physical, technical, functional, operational or administrative barrier which leads to a system break affecting the continuity, congestion or standstills in either direction of traffic or recurrent interruptions of long-distance or cross- border flows;
Amendment 551 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) 'urban node' means an functional urban area where elements of the transport infrastructure of the trans-European transport network, such as ports including passenger terminals, airports, railway stations, bus terminals, logistic platforms and facilities and freight terminals, located in and around the urban area, are connected with other elements of that infrastructure and with the infrastructure for regional and local traffic;
Amendment 658 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c – point i
Article 4 – paragraph 2 – point c – point i
(i) the removal of infrastructure bottlenecks and the bridging of missing links, both within the transport infrastructures and at connecting points between these, within Member States' territories and between them, between Member States, and connecting to neighbouring third countries;
Amendment 714 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The environmental assessment of plans and projects shall be carried out in accordance with Council Directive 92/43/EEC49 , Directives 2000/60/EC50 , 2001/42/EC51 , 2002/49/EC52 , 2009/147/EC53 and 2011/92/EU of the European Parliament and of the Council54 . For the projects of common interest for which the environmental assessment has not yet been carried out at the date of entry into force of this Regulation, it should also include the assessment of the compliance with the “do no significant harm” principle. __________________ 49 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). 50 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). 51 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30). 52 Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189 18.7.2002, p. 12). 53 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, O. 7). 54 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).
Amendment 905 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 4 – introductory part
Article 16 – paragraph 4 – introductory part
4. Member States shall ensure that the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d), by 31 December 20430:
Amendment 910 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 4 – point b a (new)
Article 16 – paragraph 4 – point b a (new)
(ba) is upgraded to double-track or equipped with passing loops to an extent that ensures uninterrupted flow of traffic in both directions.
Amendment 1019 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) upgrading bottleneck sections to double-track, improving the corridor's capacity and resilience;
Amendment 1218 #
2021/0420(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member States shall ensure that the road infrastructure of the core network and extended core network meets the requirements set out in Article 29(2), points (a), (b), (c) and (d), by 31 December 2040.
Amendment 1221 #
2021/0420(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member States shall ensure that the road infrastructure of the core network and extended core network meets the requirements set out in Article 29(2), point (b),s (a), (b), (c) and (d) by 31 December 2030.
Amendment 1592 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point c
Article 56 – paragraph 1 – subparagraph 1 – point c
(c) include urban nodes in the trans- European transport network, if it is demonstrated that the number of inhabitants exceeds 100,000, or if the urban node is identified as a cluster for raw material extraction or industrial production being of great strategic importance for the Union;
Amendment 1777 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section SE
Annex 2 - table - section SE
Node name: Borlänge Urban node: X
Amendment 1778 #
2021/0420(COD)
Node name: Luleå Urban node: X
Amendment 1779 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section SE
Annex 2 - table - section SE
Node name: Östersund Urban node: X
Amendment 1780 #
2021/0420(COD)
Proposal for a regulation
Annex 3 – part 1/14
Annex 3 – part 1/14
Add the following to the map of European Transport corridors: - Prolong the Baltic-Adriatic Corridor from Świnoujście (PL) to Ystad (SE) and connect it to the Scandinavian- Mediterranean Corridor in Malmö (SE).
Amendment 1781 #
2021/0420(COD)
Proposal for a regulation
Annex 3 – part 1/14
Annex 3 – part 1/14
Add the following to the map of European Transport corridors: - Prolong the North Sea-Baltic Corridor from Ventspils (LV) across the Baltic Sea to Stockholm (SE) and connect it to the Scandinavian-Mediterranean Corridor in Stockholm (SE).
Amendment 467 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
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.
Amendment 549 #
2021/0414(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice, and ensuring that they enjoy the rights deriving from Union law applicable to workers.
Amendment 1013 #
2021/0414(COD)
Proposal for a directive
Article 20 – paragraph 1
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.
Amendment 1017 #
2021/0414(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market.
Amendment 1021 #
2021/0414(COD)
Proposal for a directive
Article 20 a (new)
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.
Amendment 76 #
2021/0402(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In accordance with the principle of proportionality, it is necessary and appropriate, for creating an effective and comprehensive framework for Union action against economic coercion, to lay down rules on the examination, determination and counteraction with regard to third countries’ measures of economic coercion. In particular, the Union’s response measures should be preceded by an examination of the facts, a determination of the existence of economic coercion, and, wherever possible, efforts to find a solution in cooperation with the third country concerned. Any measures imposed by the Union should be commensurate with the injury caused by the third countries’ measures of economic coercion. The criteria for defining the Union response measures should take into account in particular the need to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators as well as the Union’s interest. Any Union response measures should primarily take into account their likelihood and ability to induce the third country to cease the coercive measures. Therefore, this Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the Treaty on European Union.
Amendment 82 #
2021/0402(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission should examine whether third-country measures are coercive, on its own initiative or following information received from any source, including legal and natural persons, the European Parliament or a Member State. Following this examination, the Commission should determine in a decision whether the third-country measure is coercive. The Commission should publicly communicate any affirmative determinationthe result of this examination. In the case of an affirmative determination, the Commission should communicate to the third country concerned, together with a request that the economic coercion cease and a request, where appropriate, that any injury be repaired.
Amendment 92 #
2021/0402(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Union response measures adopted in accordance with this Regulation should be selected and designed on the basis of objective criteria, including: first and foremost, the effectiveness of the measures in inducing the cessation of coercion by the third country; their potential to provide relief to economic operators within the Union affected by the third-country measures of economic coercion; the aim of avoiding or minimising negative economic and other effects on the Union; and the avoidance of disproportionate administrative complexity and costs. It is also essential that the selection and design of Union response measures take account of the Union’s interest. Union response measures should be selected from a wide array of options in order to allow the adoption of the most suitable measures in any given case.
Amendment 100 #
2021/0402(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is important to ensure an effective and regular communication and exchange of views and information between the Commission on the one hand and the European Parliament and the Council on the other, in particular on efforts to engage with the third country concerned to explore options with a view to obtaining the cessation of the economic coercion and on matters that may lead to the adoption of Union response measures under this Regulation.
Amendment 101 #
2021/0402(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to allow the update of the range of Union response measures under this Regulation and the adjustment of the rules of origin or of other technical rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the list of Union responses set out in Annex I and technical rules necessary for the application of the Regulation, including rules of origin laid down in Annex II. It is of particular importance that the CommissionThe list of measures should be limited to avoid escalation and that the legislation could be used as a weapon in trade conflicts. It is of particular importance that the Commission analyse if any additional types of measures should remain outside the realm of this instrument and 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.12 The list of measures must be clear and transparent so the Regulation does not cause more uncertainty for businesses than absolutely necessary. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 12 OJ L 123, 12.5.2016, p. 1.
Amendment 104 #
2021/0402(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should evaluate measures adopted under this Regulation as to their effectiveness and operation and as to possible conclusions for future measures. The Commission should also review this Regulation after gaining sufficient experience with the existence or application of this Regulation., as well as to take account of the review of the Blocking Statute.1a This review should cover the scope, functioning, efficiency and effectiveness of this Regulation. The Commission should report on its assessment to the European Parliament and the Council, _________________ 1a Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6
Amendment 143 #
2021/0402(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The Commission mayshall publish a notice in the Official Journal of the European Union or through other suitable public communication means withof the launch of an examination procedure and may include an invitation to submit information within a specified time limit. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
Amendment 147 #
2021/0402(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The Commission shall publish a notice in the Official Journal of the European Union or through other suitable public communication means of the decision of an examination in accordance with Article 3.
Amendment 154 #
2021/0402(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Commission shall be open toproactively engage on behalf of the Union with the third country concerned, to explore options with a view to obtaining the cessation of the economic coercion. Such options may include:
Amendment 166 #
2021/0402(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
The Commission shall enter into consultations or cooperation, on behalf of the Union, with any other country affected by the same or similar measures of economic coercion or with any interested third country, with a view to obtaining the cessation of the coercion. This may involve, where appropriate, coordination in relevant international fora and coordination in response to the coercion. The Regulation must comply with Union law, the WTO and be consistent with commitments made under other trade and investment agreements to which the Union or the Member States are parties. This Regulation is conceived as an autonomous instrument in the absence of progress within the multilateral fora such as the WTO. In order to encourage the development of multilateral ways to address economic coercion, it is necessary to enable a third-country dialogue and prioritise a global, open and rule-based trading system.
Amendment 186 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Union response measures shall apply from a specified date after the adoption of the implementing act referred to in paragraph 1. The Commission shall set this date of application, taking into account the circumstances, to allow for the notification of the third country concerned pursuant to paragraph 3 and for it to cease the economic coercion, as well as to allow sufficient time for business to adequately prepare for any anticipated effects.
Amendment 194 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The implementing act referred to in paragraph 1 shall state that the application of the Union response measures shall be deferred for a period specified in that implementing act, where the Commission has credible information that the third country haswill ceased the economic coercion before the start of application of the adopted Union response measures. In that event, the Commission shall publish a notice in the Official Journal of the European Union indicating that there is such information and the date from which the deferral shall apply. If the third country ceases the economic coercion before the Union response measures start to apply, the Commission shall terminate the Union response measures in accordance with Article 10.
Amendment 197 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 204 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 7 – introductory part
Article 7 – paragraph 7 – introductory part
7. The Commission is empowered to adopt delegated acts in accordance with Article 14 to amend the list provided for in Annex I in order to provide additional types of measures to respond to a third country’s measure. The list of measures should be limited to avoid escalation and that the legislation could be used as a weapon in trade conflicts. The Commission should analyse if any additional types of measures should remain outside the realm of this instrument; the list of measures must be clear and transparent so the Regulation does not cause more uncertainty for businesses than absolutely necessary. The Commission may adopt such delegated acts where the types of response measures would:
Amendment 210 #
2021/0402(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
Amendment 220 #
2021/0402(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the avoidance or minimisation of negative impacts on affected actors by Union response measures, including the availability and cost differentiation of alternatives for affected actors, for example alternative sources of supply for goods or services;
Amendment 230 #
2021/0402(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall keep under review the measures of economic coercion deployed by a third country that have triggered the Union response measures, the effectiveness of the Union response measures adopted and their effects on the Union’s interests and shall regularly keep the European Parliament and the Council informed thereof.
Amendment 241 #
2021/0402(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. A Member State or the European Parliament may request the Commission to amend, suspend, or terminate a Union response measure after 18 months of its application. The Commission shall respond to requests within six months and provide a justification for its decision.
Amendment 268 #
2021/0402(COD)
Proposal for a regulation
Annex I – paragraph 1 – point h
Annex I – paragraph 1 – point h
Amendment 269 #
2021/0402(COD)
Proposal for a regulation
Annex I – paragraph 1 – point j
Annex I – paragraph 1 – point j
Amendment 273 #
2021/0402(COD)
Proposal for a regulation
Annex I – paragraph 1 – point k
Annex I – paragraph 1 – point k
Amendment 65 #
2021/0366(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 (Text with EEA relevance)
Amendment 66 #
2021/0366(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Forests provide a broad variety of environmental, economic and social benefits, including timber and non-wood forest products and environmental services essential for humankind, as they harbour most of the Earth’s terrestrial biodiversity. They maintain ecosystem functions, help protect the climate system, provide clean air and play a vital role for the purification of waters and soils as well as for water retention. In addition, forests provide subsistence and income to about one third of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples and local communities who heavily depend on forest ecosystems.18 Furthermore, deforestation and forest degradation reduce essential carbon sinks and increase the likelihood of new diseases spreading from animals to humans. _________________ 18 Commission Communication of 27 July 2019 ’Stepping up EU Action to Protect and Restore the World’s Forests’, COM(2019) 352 final.
Amendment 67 #
2021/0366(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Deforestation and forest degradation are taking place at an alarming rate. The Food and Agriculture Organization of the United Nations estimates that 420 million hectares of forest – about 10% of the world’s remaining forests and an area larger than the European Union – have been lost worldwide between 1990 and 202019 . Deforestation and forest degradation areis, in turn, important drivers of global warming and biodiversity loss — the two most important environmental challenges of our time. Yet every year the world continues to lose 10 million hectares of forest. _________________ 19 FAO, Global Forest Resource Assessment 2020, p. XII, https://www.fao.org/documents/card/en/c/c a9825en.
Amendment 69 #
2021/0366(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Deforestation and forest degradation contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity. Deforestation alone accounts for 11 % of greenhouse gas emissions20 . _________________ 20 IPCC, Climate Change and Land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, https://www.ipcc.ch/srccl/.
Amendment 70 #
2021/0366(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity helps mitigate climate change. Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation and forest degradation and systemically restoring forests and other ecosystems is the single largest nature- based opportunity for climate mitigation.
Amendment 72 #
2021/0366(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Union consumption is a considerable driver of deforestation and forest degradation on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of the six commodities included in the scope (wood, cattle, soy, palm oil, cocoa and coffee) will rise to approximately 248,000 hectares of deforestation annually by 2030.
Amendment 73 #
2021/0366(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Member States have repeatedly expressed their concern about persistent deforestation. They emphasised that since current policies and action at global level on conservation, restoration and sustainable management of forests do not suffice to halt deforestation and forest degradation, enhanced Union action is needed in order to contribute more effectively to the achievement of the Sustainable Development Goals (SDGs), under the 2030 Agenda for Sustainable Development, which was adopted by all United Nations Member States in 2015. The Council specifically supported the Commission announcement in the Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’ that it would assess additional regulatory and non-regulatory measures and that it would present respective proposals.31 _________________ 31 Council conclusions on the Communication on Stepping Up EU Action to Protect and Restore the World’s Forests (16 December 2019) 15151/19. Available at https://www.consilium.europa.eu/media/41 860/st15151-en19.pdf.
Amendment 74 #
2021/0366(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Combatting deforestation and forest degradation constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change33 , and with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050 and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030. _________________ 33 Ratified by the EU on 5 October 2016, and entered into force on 4 November 2016.
Amendment 76 #
2021/0366(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10% of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union should therefore take action to minimise global deforestation and forest degradation driven by its consumption of certain commodities and products and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. Pglobal net deforestation reduction by promoting sustainable production in high-risk areas and disincentivising new deforestation in all areas. Union Policy should also influence the global market, not only supply chains to the Union. A trade policy built on openness and rule- based free trade is the most effective tool to affect global change. Multilateral and bilateral partnerships and efficient international cooperation, including free trade agreements, with producer and consumer countries are fundamental in that respect.
Amendment 79 #
2021/0366(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Halting deforestation and forest degradation is an essential part of the SDGs. This Regulation should contribute in particular to meeting the goals regarding life on land (SDG 15), climate action (SDG 13), responsible consumption and production (SDG 12), zero hunger (SDG 2) and good health and well-being (SDG 3). The relevant target 15.2 to halt deforestation by 2020 has not been met, underlining the urgency of ambitious and effective action.
Amendment 80 #
2021/0366(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should also respond to the New York Declaration on Forests35 , a non-legally binding political declaration that endorses a global timeline to cut natural forest loss in half by 2020, and strive to end it by 2030. The Declaration was endorsed by dozens of governments, many of the world’s biggest companies, and influential civil society and indigenous organisations. It also called on the private sector to meet the goal of eliminating deforestation from the production of agricultural commodities such as palm oil, soy, paper and beef products by no later than 2020, a goal that was not achieved. The Regulation should in addition contribute to the United Nations Strategic Plan for Forests, 2017-203036 , whose Global Forest Goal 1 is to reverse the loss of forest cover worldwide through sustainable forest management, including protection, restoration, afforestation and reforestation, and increase efforts to prevent forest degradation and enhance the contribution of forests to climate change. _________________ 35 https://unfccc.int/news/new-york- declaration-on-forests. 36 https://www.un.org/esa/forests/wp- content/uploads/2016/12/UNSPF_AdvUne dited.pdf.
Amendment 81 #
2021/0366(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) As a member of World Trade Organisation (WTO), the Union is committed to promoting a universal, rule- based, open, transparent, predictable, inclusive, non-discriminatory and equitable multilateral trading system under the WTO, as well as an open, sustainable, and assertive trade policy. The scopemeasures of this Regulation will thereforemust be WTO compliant i.e. proportionate, non-discriminatory and that they would not constitute arbitrary or unjustifiable discrimination or a disguised restriction on international trade; All measures that affect imports into the EU is also a risk of giving severe countermeasures for European business; taking into account the possible retaliation of trade partners; ensure that the enforcement of this Regulation is not unduly restrictive nor disruptive to trade. The scope of the Regulation will include both commodities and products produced within the Union and commodities and products imported to the Union.
Amendment 85 #
2021/0366(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation also follows the Commission’s Communication on “An Open, Sustainable and Assertive Trade Policy”38 which stated that with new internal and external challenges and more particularly a new, more sustainable growth model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy –one that will ensure a level playing field for EU businesses, support achieving its domestic and external policy objectives and, promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals. and focus on implementing and enforcing trade agreements, all new trade agreements, including Mercosur and others, consist of provisions that promote sustainable management which leads to better conditions of the forests and the obligation to ensure multilateral environmental agreements, such as the Paris Agreement and the Convention on Biological Diversity, are implemented effectively; The Regulation should not be adopted without the ratification of the EU-Mercosur Agreement; Trade policy must play its full role in the recovery from the COVID-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient Europe in the world.; _________________ 38 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021) 66 final, 18 February 2021.
Amendment 87 #
2021/0366(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) This Regulation should be complementary to other measures proposed in the Commission Communication ‘Stepping up EU Action to Protect and Restore the World’s Forests’39 , in particular: 1) working in partnership with producer countries, to support them in addressing root causes of deforestation, such as weak governance, ineffective law enforcement and corruption, and 2) strengthen international cooperation, with major consumer countries, to promoteby promoting trade agreements that include forest conservation provisions, encourage trade in agricultural and forest-based products not causing deforestation; and the adoption of similar measures to avoid products coming from supply chains associated with deforestation and forest degradation being placed on their markets. _________________ 39 COM(2019) 352 final.
Amendment 88 #
2021/0366(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous people in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The rules must aim to minimise the burden on smallholders in third countries and prevent barriers to their access to the market and international trade. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation.
Amendment 91 #
2021/0366(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry without neglecting the national frameworks on sustainable forest management. In doing so it should acknowledge the role of indigenous people in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation.
Amendment 94 #
2021/0366(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The EU Observatory will cooperate closely with relevant international organisations, research institutes, and third countries.
Amendment 95 #
2021/0366(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions should be taken in order to prevent the total level of regulatory burdens 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 in the affected sectors.
Amendment 96 #
2021/0366(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The impact assessment of possible policy measures to address Union-driven deforestation and forest degradation, Council conclusions and the 2020 resolution of the European Parliament clearly identify the need to establish deforestation and forest degradation as the guiding criteria for future Union measures. Therefore, the new Union legal framework should address both legality and whether the production of relevant commodities and products is deforestation-free.
Amendment 97 #
2021/0366(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The definition of “deforestation- free” should be sufficiently broad to cover both deforestation and forest degradation, it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data.
Amendment 98 #
2021/0366(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation and forest degradation and for which a Union policy intervention could bring highest benefits per unit value of trade. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of eight commodities. Wood was directly included in the scope as it was already covered by the EUTR. The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectares of deforestation linked to EU consumption, as estimated in a recent research paper44 , for each of those commodities with their average value of EU imports. According to the research paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of eight commodities analysed in that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%). _________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
Amendment 99 #
2021/0366(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Bearing in mind that the use of recycled relevant commodities and products should be encouraged, and that including such commodities and products in the scope of this Regulation would place a disproportionate burden on operators; underlines the need to ensure the proportionality of regulatory burdens in the context of international trade, used commodities and products that have completed their lifecycle, and would otherwise be disposed of as waste, should be excluded from the scope of this Regulation.
Amendment 101 #
2021/0366(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest degradation, and to promote deforestation- free supply chains.
Amendment 102 #
2021/0366(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Many international organisations and bodies (e.g. Food and Agriculture Organization of the United Nations, the Intergovernmental Panel on Climate Change, United Nations Environment Programme, the Paris Agreement, International Union for the Conservation of Nature, Convention on Biological Diversity) have developed work in the field of deforestation and forest degradation and the definitions in this Regulation build on this work.
Amendment 103 #
2021/0366(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A cut-off date should be set to provide a basis for the evaluation of whether concerned land has been subject to deforestation or forest degradation, meaning that no commodities and products in the scope of this Regulation would be allowed to enter the Union market or be exported if they were produced on land subject to deforestation or forest degradation after that date. It should allow for the appropriate verification and monitoring, correspond to existing international commitments, such as the SDGs and the New York Declaration on Forests, thus minimising sudden disruption to supply chains while removing any incentive to accelerate activities leading to deforestation and forest degradation in view of the entry into force of this Regulation.
Amendment 104 #
2021/0366(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, and to ensure that commodities and products from supply chains related to deforestation and forest degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production. To confirm that this is the case, they should always be accompanied by a due diligence statement.and under the circumstance that it does not lead to a disproportionate administrative burden on operators, relevant commodities and products produced in countries with a high risk of deforestation should be accompanied by a due diligence statement. The Commission should make an ex-post evaluation to assess the financial and administrative aspect for operators that are requested to submit due diligence statements;
Amendment 109 #
2021/0366(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including. The identification of geo-location coordinates of relevant plots of land. These geo-location coordinates that rely on timing, pos may impose a disproportionate burden to operators, the Commission should revise the definitioning and/or Earth observ the legislation cshould make focuse of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus)n a scale other than "plots of land". On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it. The Commission should analyse the possibility to exclude operators that are not considered as a high risk country from the obligation of due diligence statements.
Amendment 122 #
2021/0366(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a three-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation.
Amendment 128 #
2021/0366(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account the international character of deforestation and forest degradation and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts.
Amendment 129 #
2021/0366(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act.
Amendment 131 #
2021/0366(COD)
(54) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated act.
Amendment 132 #
2021/0366(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to ensure that information requirements with which operators have to comply and which are set out in this Regulation remain relevant and in line with scientific and technological developments, 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 supplementing the information requirements necessary for the due diligence procedure, the information and criteria of risk assessment and risk mitigation with which operators have to comply which are set out in this Regulation and the list of goods set out in Annex I of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with stakeholders, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 133 #
2021/0366(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) Regulation (EU) No 995/2010 prohibits the placing of illegally harvested timber and timber products on the Union market. It lays down obligations for operators placing timber on the market for the first time to exercise due diligence and for traders to keep a traceable record of their suppliers and customers, which should be applied at an appropriate and general level to not cause any disproportionate administrative burdens. This Regulation should retain the obligation to ensure the legality of relevant commodities and products, including wood and wood products, placed on the Union market and complements them with the requirement on sustainability. This Regulation and the related Commission Implementing Regulation (EU) No 607/2012 are therefore rendered redundant by this Regulation and should be repealed.
Amendment 135 #
2021/0366(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Regulation (EC) No 2173/2005 lays down Union procedures for the implementation of a FLEGT licensing scheme through bilateral Voluntary Partnership Agreements (VPAs) with timber-producing countries. VPAs are generally intended to foster systemic changes in the forestry sector aimed at sustainable management of forests, eradicating illegal logging and supporting worldwide efforts to stop deforestation; VPAs provide an important legal framework for both the EU and its partner countries, made possible with the good cooperation and engagement by the countries concerned; new VPAs with additional partners should be promoted; To respect bilateral commitments that the European Union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (FLEGT licensing stage), this Regulation should include a provision declaring wood and wood-based products covered by a valid FLEGT license as fulfilling the legality requirement under this Regulation.
Amendment 139 #
2021/0366(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. An evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems than forests should therefore be undertaken within 2 years of the entry into force of this Regulation.
Amendment 140 #
2021/0366(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Since the objective of this Regulation, fighting against deforestation and forest degradation by reducing the contribution of consumption in the Union, and by incentivising deforestation reduction in producing countries, cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 141 #
2021/0366(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Operators, traders and competent authorities should be given a reasonable periodsufficient time in order to prepare themselves to meet the requirements of this Regulation,
Amendment 148 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimising the Union’s contribution to deforestation and forest degradation worldwide
Amendment 164 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 170 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 175 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation after December 31, 2020entry into force of this Regulation, and
Amendment 179 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) that the wood has been harvested from the forest without inducing forest degradation after December 31, 2020deforestation after entry into force of this Regulation;
Amendment 187 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 222 #
2021/0366(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point 1 (new)
Article 8 – paragraph 1 – point 1 (new)
(1) The Commission has presented a proposal for a Directive on Corporate Sustainability Due Diligence (CSDD); the Commission should make a comprehensive impact assessment for the alignment of the Directive on CSDD and the Regulation to avoid any duplicates and to reduce the administrative burden; the Regulation shall also be revised if any due diligence obligations have stricter requirements than the Directive on CSDD; also take into account the results from the impact assessment in order to design rules that do not forego but enhance competitiveness for all companies, in particular SMEs; reminds the Commission of the "One in, one out" principle and demands that the proposal on due diligence will be paired with suggestions on reduced regulation for the industry; The Regulation shall foremost support well-functioning systems and ensure that already existing global forest certification schemes can be used.
Amendment 223 #
2021/0366(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. The Commission shall analyse the possibility to exclude operators that are not considered as a high risk country from the obligation of due diligence statements.
Amendment 225 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 231 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 233 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Operators shall verify and analyse information collected in accordance with Article 9 and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market are non- compliant with the requirements of this Regulation. If the operators cannot demonstrate that the risk of non- compliance is negligible, they shall not place the relevant commodity or product on the Union market nor export it is not able to collect the requested or adequate information, they shall firstly be able to request assistance from the competent authority and secondly not place the relevant commodity or product on the Union market nor export it. This obligation must be analysed closely by the Commission and the regulation shall be revised if the required information lead to a disproportionate burden for the operator.
Amendment 239 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest degradation in the country, region and area of production of the relevant commodity or product;
Amendment 243 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation has occurred or is occurring;
Amendment 245 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point i
Article 10 – paragraph 2 – point i
Amendment 246 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point j
Article 10 – paragraph 2 – point j
(j) complementary informationassurance onf compliance with this Regulation, which may include information supplied by certification or other third- party-verified schemes, including voluntary schemes recognised by the Commission under Article 30(5) of Directive (EU) 2018/200149 , provided that the information meets the requirements set out in Article 9; _________________ 49 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 328/82, 21.12.2018, p. 82–209).
Amendment 249 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 253 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 254 #
2021/0366(COD)
1. In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in Article 3(a) and (b). The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for revision or abolishment of provisions in other EU Regulations that generate compliance costs and administrative burden in the affected sectors or for new developments which may influence the exercise of due diligence. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 273 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 12
Article 14 – paragraph 12
12. Checks shall be carried out without prior warningnotification of the operator or trader, except where prior notification of the operator or trader is necessaryand in close cooperation with stakeholders, in order to ensure the effectiveness of the checks.
Amendment 276 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) examination of documentation and records that demonstrate the compliance of a specific product or commodity that the operator has placed, intends to place on or export from the Union marketthe operator with the requirements of this Regulation;
Amendment 279 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point f
Article 15 – paragraph 1 – point f
(f) any technical and scientific means adequate to determine twhe exact place wthere the relevant commodity or product was produced, including isotope testingare deforestation- free;
Amendment 280 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h
Article 15 – paragraph 1 – point h
(h) spot checks, including field audits, including where appropriate in third countries through cooperation with the administrative authorities of third countries. Any checks must be carried without disproportionate bureaucracy. If a product has been accepted, it should not be necessary to do another check, in order to keep the administrative burdens to a minimum.
Amendment 293 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroying the relevant commodity or product or donating it to charitable or public interest purposes.
Amendment 305 #
2021/0366(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Customs authorities shall control the correct declaration of relevant commodities and products entering or leaving the Union market. Such controls shall be based primarily on risk analysis to ensure that the administrative burden is kept to an absolute minimum, with the purpose of identifying and evaluating the risks and developing the necessary countermeasures, and shall be performed within a common risk management framework on the Union level.
Amendment 312 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a three- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. For wood products listed in Annex I, the EU Timber Regulation shall apply until the Commission has assigned a country to a risk category. The Commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.
Amendment 316 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation and forest degradation,
Amendment 319 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point d
Article 27 – paragraph 2 – point d
(d) whether the nationally determined contribution (NDC) to the United Nations Framework Convention on Climate Change covers emissions and removals from agriculture, forestry and land use which ensures that emissions from deforestation and forest degradation are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC;
Amendment 321 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point e
Article 27 – paragraph 2 – point e
(e) agreements and other instruments concluded between the country concerned and the Union that address deforestation or forest degradation and facilitates compliance of relevant commodities and products with the requirements of this Regulation and their effective implementation;
Amendment 325 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and takes effective enforcement measures to avoid and sanction activities leading to deforestation and forest degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation are applied.
Amendment 336 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address deforestation and forest degradation. Such partnerships and cooperation mechanisms will focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradation and the transition to sustainable commodity production, consumption processing and trade methods. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. To broaden the trade tool box and the cooperation with third countries, there is a need to also include free trade agreements in the Regulation; the Commission and the Member States must therefore engage further on implementing and concluding free trade agreements; all new trade agreements, including Mercosur and others, consist of provisions that promote sustainable management which leads to better conditions of the forests and the obligation to ensure multilateral environmental agreements, such as the Paris Agreement and the Convention on Biological Diversity, are implemented effectively; The Regulation should not be adopted without the ratification of the EU-Mercosur Agreement; Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 346 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and forest degradation, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest ecosystems.
Amendment 349 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Natural or legal persons shall be entitled to submit reliable and substantiated concerns to competent authorities when they deem, based on relevant and objective circumstances, that one or more operators or traders are failing to comply with the provisions of this Regulation.
Amendment 358 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
Amendment 372 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Without prejudice to the general review under paragraph 1, a first review of Annex I shall be carried out by the Commission no later than two years after the entry into force of this Regulation, and thereafter at regular intervals in order to assess whether it is appropriate to amend or extend the relevant products listed in Annex I in order to ensure that all products that contain, have been fed with or have been made using relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestation. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest degradation, and take into account changes in consumption, as indicated by scientific evidence.
Amendment 374 #
2021/0366(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 376 #
2021/0366(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Articles 3 to 12, 14 to 22, 24, 29 and 30 shall apply 124 months from the entry into force of this Regulation, with the objective to facilitate a smooth roll out of the Regulation, hence reducing the risk of disruptive impacts on trade.
Amendment 391 #
2021/0366(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3
Annex II – paragraph 1 – point 3
Amendment 117 #
2021/0297(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The general objectives of the GSP are to support eradication of poverty in all its forms, in line with Agenda 2030 and Sustainable Development Goal 17.12 and, to promote the sustainable development agenda, and to encourage exports diversification from GSP beneficiary countries while averting harm to EU industry’s interests. The 2018 GSP Mid- term Evaluation and the 2021 supporting Study for the Impact Assessment underpinning this Regulation concluded that the GSP framework under Regulation (EU) No 978/2012 has delivered on these main objectives, which were at the core of the 2012 overhaul of Council Regulation (EC) No 732/200815 . _________________ 15 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (OJ L 211, 6.8.2008, p. 1).
Amendment 189 #
2021/0297(COD)
Proposal for a regulation
Recital 26
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.
Amendment 190 #
2021/0297(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Orderly international migration, safe, regular and responsible international migration and mobility of people, including through the implementation of planned and well- managed migration policies, as the Sustainable Development Goals target 10.7 establishes, can bring important benefits to the countries of origin and destination of migrants and contribute to their sustainable development needs . Increasing coherence between trade, development and migration policies, as it has been adopted by several European Council Conclusions, in particular the ones adopted on 16th December 2021, is key to ensure that the benefits of migration accrue mutually to both the origin and destination countries. In this respect, it is essential for both origin 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.
Amendment 192 #
2021/0297(COD)
Proposal for a regulation
Recital 26 a (new)
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.
Amendment 194 #
2021/0297(COD)
Proposal for a regulation
Recital 27
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
Amendment 235 #
2021/0297(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall, every three years, review the list referred to in paragraph 2 of this Article and adopt an implementing act in the year preceding the review year, in accordance with the advisory procedure referred to in Article 39(2), in order to suspend or to re-establish the tariff preferences referred to in Article 7. That implementing act shall apply as of 1 January of the year following its entry in force.
Amendment 238 #
2021/0297(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The list referred to in paragraphs 2 and 3 of this Article shall be established on the basis of the data available on 1 September of the year in which the review is conducted and of the two years preceding the review year. It shall take into account imports from GSP beneficiary countries listed in Annex I as applicable at that time. However, the value of imports from GSP beneficiary countries, which upon the date of application of the suspension no longer benefit from the tariff preferences under Article 4(1), point (b), shall not be taken into account.
Amendment 290 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II in order to temporarily withdraw the tariff preferences provided under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2), point (b). In adopting the delegated act the Commission may, when appropriate, consider the socio- economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 315 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
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;
Amendment 318 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(c a) shortcomings related to the obligation to readmit the beneficiary country’s own nationals;
Amendment 322 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) serious and systematic unfair trading practices including those affecting the supply of raw materials, which have an adverse effect on the Union industry and which have not been addressed by the beneficiary country. For those unfair trading practices, which are prohibited or actionable under the WTO Agreements, the application of this Article shall be based on a previous determination to that effect by the competent WTO body; Commission following a Trade Barrier investigation under Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization. For the other unfair trading practices, including - but not limited to – breaches of intellectual property rights, trade distorting investment practices, trafficking and smuggling, breaches of competition rules and any other unfair trading practices that may hinder market access and the national treatment principle, the application of this Article shall be based on a previous determination to that effect under the conditions laid down in Paragraph 3;
Amendment 333 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where the Commission, acting upon a complaint or on its own initiative, considers that there are sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act. Sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article are prima facie deemed to exist in case a Trade Barrier investigation has already been concluded by the Commission in relation to the unfair trading practices at stake.
Amendment 344 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission shall provide the beneficiary country concerned with every opportunity to cooperate during the monitoring and evaluation period of six months from the date of publication of the noticmonitoring and evaluation period will be of six months from the date of publication of the notice. During this period, the Commission shall provide the beneficiary country concerned with every opportunity to cooperate.
Amendment 347 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Within three months from the expiry of the period referred to in paragraph 5, the Commission shall submit a report on its findings and conclusions to the beneficiary country concerned. The beneficiary country has the right to submit its comments on the report. The period for comments shall not exceed one month. This paragraph does not apply in case a trade barrier investigation has already been concluded in relation to the unfair trading practices at stake.
Amendment 351 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 8 – introductory part
Article 19 – paragraph 8 – introductory part
8. Within sixthree months from the expiry of the period referred to in paragraph 4, point (b)5, the Commission shall decide:
Amendment 353 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II, in order to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2). In adopting the delegated act the Commission may, where appropriate, consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 358 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 12
Article 19 – paragraph 12
12. Where the Commission decides on temporary withdrawal, such delegated act shall become applicable sixthree months after its adoption.
Amendment 378 #
2021/0297(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. An investigation, including the procedural steps referred to in Articles 25, 26 and 27, shall be concluded within 12 9 months from its initiation.
Amendment 40 #
2021/0227(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Sets, therefore, the overall level of appropriations for the 2022 budget (all sections) at EUR 171 802 114 289 in commitment appropriations, representing an increase of EUR 2 709 847 787 compared to the DB; decides in addition to make available an amount of EUR 486 000 000 in commitment appropriations further to decommitments under Article 15(3) of the Financial Regulation; sets the overall level of appropriations for the 2022 budget (all sections) at EUR 172 277 719 551 in payment appropriations; Notes, however, that even with ambitious funding, the available funds will not be unlimited; Emphasises therefore the need for prioritisation among the 2022 budget expenditures;
Amendment 46 #
2021/0227(BUD)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that in order for the Union to recover from the pandemic, there is particular need to rebuild European long term competitiveness by providing important investments in research, innovation, digitalisation and SMEs;
Amendment 75 #
2021/0223(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regulation (EU) 2019/631 of the European Parliament and of the Council46 and Regulation (EU) 2019/1242 of the European Parliament and of the Council47 already set CO2 emission performance standards for new passenger cars and for new light commercial vehicles as well as for certain heavy-duty vehicles. Those instruments should accelerate the uptake in particular of zero-emission vehicles and alternative fuels and thereby create demand for recharging and refuelling infrastructure. __________________ 46Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13). 47Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC (OJ L 198, 25.7.2019, p. 202).
Amendment 83 #
2021/0223(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Therefore aAll modes of transport should be addressed in one instrument which should take into account athe variety of alternative fuels, the development of their market share and particularly their affordability. The use of zero-emission powertrain technologies and climate-neutral alternative fuels is at different stages of maturity in the different modes of transport and in the different Member States and regions. In particular, in the road sector, a rapid uptake of battery-electric and plug-in hybrid personal and light-duty commercial vehicles is taking place. Hydrogen fuel-cell road vehicles are available to markets, as well, however at high prices for vehicles and fuels. In addition, smaller hydrogen and battery electric vessels and hydrogen fuel-cell trains are currently being deployed in different projects and in first commercial operations, with full commercial roll out expected in the next years. In contrast, the aviation and waterborne sectors, as well as heavy-duty road transport, continue to be dependent on liquid and gaseous fuels, as zero- and low-emission powertrain solutions are expected to enter the market only around 2030 and in particular for the aviation sector even later, with full commercialisation taking its time. The use of fossil gaseous or liquid fuels is only possible if it is clearly embedded into a clear decarbonisation pathway that is in line with the long-term objective of climate neutrality in the Union, requiring increasing blending with or replacement by renewable fuels such as bio-methane, advanced biofuelsgaseous or liquid bio-methane, biomass fuels, biofuels, advanced biofuels, recycled carbon fuels, renewable fuels of non-biological origin or renewable and low- carbon synthetic gaseous and liquid fuels.
Amendment 86 #
2021/0223(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Therefore, the general principle of technological neutrality should be maintained and market competition between the different alternative technologies should be promoted and protected at Union and national levels, thus providing for the best technological solutions and affordable prices. Targets and milestones should be set at Union and national levels, depending on the market development of different technologies, while the net-zero ambition should always be the guiding principle.
Amendment 88 #
2021/0223(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) SuchBiofuels, advanced biofuels and synthetic fuels, substituting diesel, petrol and jet fuel, can be produced from different feedstock and can be blended into fossil fuels at very high blending ratios. They can be technically used with the current vehicle technology with minor or no adaptations. Renewable and bio-LNG can be used for heavy-duty transport, both road and maritime, as demonstrated by the fact that already 20%of gas used in road transport is bio-methane. Renewable methanol can also be used for inland navigation and short-sea shipping. Synthetic and paraffinic fuels have a potential to reduce the use of fossil fuel sources in the energy supply to transport. All of these fuels can be distributed, stored and used with the existing infrastructure or where necessary with infrastructure of the same kind.
Amendment 94 #
2021/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) LNG is likely to play a continued role in maritime transport, where there is currently no economically viable zero- emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion a tendency which should be promoted, duly monitored and reported. Fleet conversion, based on relevant, affordable and viable new technologies, should take place gradually due to the long lifetime of the ships. Contrary to maritime transport, fFor inland waterways, with normally smaller vessels and shorter distances, low- and zero-emission powertrain technologies, such as hydrogen and, electricity, sh and other alternative fuels, could enter the markets more quickly. LNG is, LPG and their renewable derivatives are, however, expected to no longer play a significant role in that sectorand the competitive development of the market in this sector is still ongoing. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e- gas) for instance. Those decarbonised fuels can be used in the same infrastructure as gaseous fossil fuels thereby allowing for a gradual shift towards decarbonised fuels.
Amendment 99 #
2021/0223(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the heavy-duty road transport sector, LNG trucks are fully mature and can run on a high blend of bio-LNG. On the one hand, the common scenarios underpinning the Sustainable and Smart Mobility Strategy and the Climate Target Plan as well as the revised “Fit for 55” modelling scenarios suggest some limited role of gaseous fuels that will increasingly be decarbonised in heavy-duty road transport especially in the long haul segment. Furthermore, LPG and CNG vehicles for which already a sufficientsome infrastructure network exists across the Union are expected to gradually be replaced by zero emission drivetrains and therefore only a limitedclimate-neutral alternative fuels, despite this not being an existing market tendency yet. Therefore a targeted policy for LNG infrastructure deployment that can equally supply decarbonised fuels is considered necessary to close remaining gaps in the main networks. As the market for decarbonised heavy-duty vehicles is still developing, a variety of alternative technologies should be incentivised, including via infrastructure planning and adaptation, while taking into account market shares and traffic data.
Amendment 107 #
2021/0223(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The deployment of publicly accessible recharging infrastructure for light-duty electric vehicles has been uneven across the Union. Continued uneven distribution would jeopardize the uptake of such vehicles, limiting connectivity across the Union. Continuing divergence in policy ambitions and approaches at national level will not create the long-term certainty needed for substantive market investment. Mandatory minimum targets for Member States at national level should therefore provide policy orientations and complement National Policy Frameworks. That approach should combine national fleet based targets with distance-based targets for the trans-European network for transport (TEN-T). National fleet based targets should ensure that vehicle uptake in each Member State is matched with the deployment of sufficient publicly accessible recharging infrastructure. A special attention and higher fleet based targets for centres of relatively higher population density and higher electric vehicles market-share is also needed. Distance-based targets for the TEN-T network should ensure full coverage of electric recharging points along the Union’s main road networks and thereby ensure easy and seamless travel throughout the Union.
Amendment 114 #
2021/0223(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) National fleet based targets should be established on the basis of the total number of registered electric vehicles in that Member State following a common methodology that accounts for technological developments such as the increased driving range of electric vehicles or the increasing market penetration of fast-charging points which can recharge a greater number of vehicles per recharging point than at a normal recharging point. The methodology also has to take into account the different recharging patterns of battery electric and plug-in hybrid vehicles, as well as population and market shares of electric vehicles. A methodology that norms national fleet based targets on the total maximum power output of the publicly accessible recharging infrastructure should allow flexibility for the implementation of different recharging technologies in Member States.
Amendment 116 #
2021/0223(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
Amendment 123 #
2021/0223(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Electric heavy-duty vehicles need a distinctively different recharging infrastructure than light-duty vehicles. Public accessible infrastructure for electric heavy-duty vehicles is however currently almost nowhere available in the Union. A combined approach of distance-based targets along the TEN-T network, targets for overnight recharging infrastructure and targets at urban nodes should ensure that a sufficient publicly accessible infrastructure coverage for electric heavy-duty vehicles is established throughout the Union to support the expected market uptakeproactively support the market share development of battery electric heavy-duty vehicles.
Amendment 125 #
2021/0223(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Therefore, an initial public investment in infrastructure for electric heavy-duty vehicle is needed, whereas any further infrastructure development beyond the Alternative Fuels Infrastructure Regulation should be conditional to their Union-wide, national and regional market share development and relevant traffic data.
Amendment 134 #
2021/0223(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Publicly accessible recharging or refuelling points include, for example, privately owned recharging or refuelling points accessible to the public that are located on public or private properties, such as public parkings or parkings of supermarkets. A recharging or refuelling point located on a private property that is accessible to the general public should be considered as publicly accessible also in cases where access is restricted to a certain general group of users, for example to clientsif the access is unlimited and unconditional. Recharging or refuelling points for car- sharing schemes should only be considered accessible to the public if they explicitly allow access for third party users. Recharging or refuelling points located on private properties, access to which is restricted to a limited, determinate circle of persons, such as parking lots in office buildings to which only employees or authorised persons have access, should not be considered as publicly accessible recharging or refuelling points.
Amendment 141 #
2021/0223(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regulation (EU) 2019/631 of the European Parliament and of the Council46 and Regulation (EU) 2019/1242 of the European Parliament and of the Council47 already set CO2 emission performance standards for new passenger cars and for new light commercial vehicles as well as for certain heavy-duty vehicles. Those instruments should accelerate the uptake in particular of zero-emission vehicles and alternative fuels and thereby create demand for recharging and refuelling infrastructure. _________________ 46 Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13). 47 Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC (OJ L 198, 25.7.2019, p. 202).
Amendment 150 #
2021/0223(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Therefore aAll modes of transport should be addressed in one instrument which should take into account athe variety of alternative fuels, the development of their market share and particularly their affordability. The use of zero-emission powertrain technologies and climate-neutral alternative fuels is at different stages of maturity in the different modes of transport and in the different Member States and regions. In particular, in the road sector, a rapid uptake of battery-electric and plug-in hybrid personal and light-duty commercial vehicles is taking place. Hydrogen fuel-cell road vehicles are available to markets, as well, however at high prices for vehicles and fuels. In addition, smaller hydrogen and battery electric vessels and hydrogen fuel-cell trains are currently being deployed in different projects and in first commercial operations, with full commercial roll out expected in the next years. In contrast, the aviation and waterborne sectors, as well as heavy-duty road transport, continue to be dependent on liquid and gaseous fuels, as zero- and low-emission powertrain solutions are expected to enter the market only around 2030 and in particular for the aviation sector even later, with full commercialisation taking its time. The use of fossil gaseous or liquid fuels is only possible if it is clearly embedded into a clear decarbonisation pathway that is in line with the long-term objective of climate neutrality in the Union, requiring increasing blending with or replacement by renewable fuels such as bio-methane, advanced biofuelsgaseous or liquid bio-methane, biomass fuels, biofuels, advanced biofuels, recycled carbonfuels, renewable fuels of non-biological origin or renewable and low- carbon synthetic gaseous and liquid fuels.
Amendment 156 #
2021/0223(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Therefore, the general principle of technological neutrality should be maintained and market competition between the different alternative technologies should be promoted and protected at Union and national levels, thus providing for the best technological solutions and affordable prices. Targets and milestones should be set at Union and national levels, depending on the market development of different technologies, while the net-zero ambition should always be the guiding principle.
Amendment 159 #
2021/0223(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) At the early stage of market deployment there is still a degree of uncertainty with regard to the kind of vehicles that will come into the market and to the kind of technologies that are going to be widely used. As outlined in the Commission’s communication ‘A hydrogen strategy for a climate-neutral Europe’56 the heavy-duty segment was identified as the most likely segment for the early mass deployment of hydrogen vehicles. Therefore, hydrogen refuelling infrastructure should preliminarily focus on that segment while also allowing light-duty vehicles to fuel at publicly accessible hydrogen refuelling stations. To ensure interoperability, all publicly accessible hydrogen stations should at least serve gaseous hydrogen at 700 bar. The infrastructure roll out should also take into account the emergence of new technologies, such as liquid hydrogen, that allow a larger range for heavy-duty vehicles and are the preferred technology choice of some vehicle manufacturers. To that end, a minimum number of hydrogen refuelling stations should serve also liquid hydrogen in addition to gaseous hydrogen at 700 bar. __________________ 56 COM(2020) 301 final
Amendment 159 #
2021/0223(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) SuchBiofuels, advanced biofuels and synthetic fuels, substituting diesel, petrol and jet fuel, can be produced from different feedstock and can be blended into fossil fuels at very high blending ratios. They can be technically used with the current vehicle technology with minor or no adaptations. Renewable and bio-LNG can be used for heavy-duty transport, both road and maritime, as demonstrated by the fact that already 20% of gas used in road transport is bio-methane. Renewable methanol can also be used for inland navigation and short-sea shipping. Synthetic and paraffinic fuels have a potential to reduce the use of fossil fuel sources in the energy supply to transport. All of these fuels can be distributed, stored and used with the existing infrastructure or where necessary with infrastructure of the same kind.
Amendment 162 #
2021/0223(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A number of LNG refuelling points are established in the Union, already providing a backbone for the circulation of LNG driven heavy-duty vehicles. The TEN-T core network should remain the basis for the deployment of LNG infrastructure, and progressively for bio- LNG, as it covers the main traffic flows and allows cross border connectivity throughout the Union. It had been recommended in Directive 2014/94/EU that such refuelling points be installed every 400 km on the TEN-T core network, but certain limitedsome important gaps in the network remain across the EU to reach that objective. Member States should by 2025 reach that objective and fill the remaining gaps, after which the target should cease to apply. LNG stations are insufficient especially in Eastern Europe and in third countries, situated on international transport corridors, including corridors linking different Member States. Member States should by 2025 reach that objective and fill the remaining gaps, after which the target should be adapted to different market scenarios in line with EU and national decarbonisation targets and market shares of alternative fuels.
Amendment 166 #
2021/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) LNG is likely to play a continued role in maritime transport, where there is currently no economically viable zero- emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion, a tendency, which should be promoted, duly monitored and reported. Fleet conversion, based on relevant, affordable and viable new technologies, should take place gradually due to the long lifetime of the ships. Contrary to maritime transport, fFor inland waterways, with normally smaller vessels and shorter distances, low- and zero-emission powertrain technologies, such as hydrogen and, electricity, sh and other alternative fuels, could enter the markets more quickly. LNG is, LPG and their renewable derivatives are, however expected to no longer play a significant role in that sectorand the competitive development of the market in this sector is still ongoing. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e- gas) for instance. Those decarbonised fuels can be used in the same infrastructure as gaseous fossil fuels thereby allowing for a gradual shift towards decarbonised fuels.
Amendment 173 #
2021/0223(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the heavy-duty road transport sector, LNG trucks are fully mature and can run on a high blend of bio-LNG. On the one hand, the common scenarios underpinning the Sustainable and Smart Mobility Strategy and the Climate Target Plan as well as the revised “Fit for 55” modelling scenarios suggest some limited role of gaseous fuels that will increasingly be decarbonised in heavy-duty road transport especially in the long haul segment. Furthermore, LPG and CNG vehicles for which already a sufficientsome infrastructure network exists across the Union are expected to gradually be replaced by zero emission drivetrains and therefore only a limitedclimate-neutral alternative fuels, despite this not being an existing market tendency yet. Therefore a targeted policy for LNG infrastructure deployment that can equally supply decarbonised fuels is considered necessary to close remaining gaps in the main networks. As the market for decarbonised heavy-duty vehicles is still developing, a variety of alternative technologies should be incentivised, including via infrastructure planning and adaptation, while taking into account market shares and traffic data.
Amendment 183 #
2021/0223(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The deployment of publicly accessible recharging infrastructure for light-duty electric vehicles has been uneven across the Union. Continued uneven distribution would jeopardize the uptake of such vehicles, limiting connectivity across the Union. Continuing divergence in policy ambitions and approaches at national level will not create the long-term certainty needed for substantive market investment. Mandatory minimum targets for Member States at national level should therefore provide policy orientations and complement National Policy Frameworks. That approach should combine national fleet based targets with distance-based targets for the trans-European network for transport (TEN-T). National fleet based targets should ensure that vehicle uptake in each Member State is matched with the deployment of sufficient publicly accessible recharging infrastructure. A special attention and higher fleet based targets for centres of relatively higher population density and higher electric vehicles market-share is also needed. Distance-based targets for the TEN-T network should ensure full coverage of electric recharging points along the Union’s main road networks and thereby ensure easy and seamless travel throughout the Union.
Amendment 189 #
2021/0223(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) National fleet based targets should be established on the basis of the total number of registered electric vehicles in that Member State following a common methodology that accounts for technological developments such as the increased driving range of electric vehicles or the increasing market penetration of fast-charging points which can recharge a greater number of vehicles per recharging point than at a normal recharging point. The methodology also has to take into account the different recharging patterns of battery electric and plug-in hybrid vehicles, as well as population and market shares of electric vehicles. A methodology that norms national fleet based targets on the total maximum power output of the publicly accessible recharging infrastructure should allow flexibility for the implementation of different recharging technologies in Member States.
Amendment 191 #
2021/0223(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The revised national policy frameworks should include detailed market and traffic shares, especially for transit traffic, data monitoring and evaluation on a frequent basis, providing for market projections and supporting actions for the development of the market as regards alternative fuels, including the deployment of the necessary infrastructure to be put into place, in close cooperation with regional and local authorities and with the industry concerned, while taking into account the needs of small and medium- sized enterprises. Additionally, the revised frameworks should describe the overall national framework for planning, permitting and procuring of such infrastructure, including the identified obstacles and actions to remove them so shat a faster rollout of infrastructure can be achieved.
Amendment 199 #
2021/0223(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to promote alternative fuels and develop the relevant infrastructure, the national policy frameworks should consist of detailed strategies to promote alternative fuels in sectors that are difficult to decarbonise such as aviation, maritime transport, inland waterway transport as well as rail transport on network segments that cannot be electrified. In particular, Member States should develop clear strategies for the decarbonisation of inland waterway transport along the TEN-T network in close cooperation with those Member States concerned. Long term decarbonisation strategies should also be developed for TEN-T ports and TEN-T airports, in particular with a focus on the deployment of infrastructure for low and zero emission vessels and aircraft as well as for railway lines that are not going to be electrified. On the basis of those strategies, taking into consideration the national market and traffic share data and market projections, the Commission should review this Regulation with a view to setting more mandatory targets for those sectors.
Amendment 199 #
2021/0223(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The deployment of publicly accessible recharging infrastructure should primarily result from private market investment. However, Member States should support infrastructure deployment through initial public investments, in cases where market conditions require public support, provided it is in full compliance with State aid rules, until a competitive market has been established.
Amendment 205 #
2021/0223(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Member States should make use of a wide range of regulatory and non-market based and regulatory incentives and measures to reach the mandatory targets and implement their national policy frameworks, in close cooperation with private sector actors, who should play a key role in supporting the development of alternative fuels infrastructure.
Amendment 206 #
2021/0223(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Electric heavy-duty vehicles need a distinctively different recharging infrastructure than light-duty vehicles. Public accessible infrastructure for electric heavy-duty vehicles is however currently almost nowhere available in the Union. A combined approach of distance-based targets along the TEN-T network, targets for overnight recharging infrastructure and targets at urban nodes should ensure that a sufficient publicly accessible infrastructure coverage for electric heavy-duty vehicles is established throughout the Union to support the expected market uptakeproactively support the market share development of battery electric heavy-duty vehicles.
Amendment 217 #
2021/0223(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Publicly accessible recharging or refuelling points include, for example, privately owned recharging or refuelling points accessible to the public that are located on public or private properties, such as public parkings or parkings of supermarkets. A recharging or refuelling point located on a private property that is accessible to the general public should be considered as publicly accessible also in cases where access is restricted to a certain general group of users, for example to clientsif the access is unlimited and unconditional. Recharging or refuelling points for car- sharing schemes should only be considered accessible to the public if they explicitly allow access for third party users. Recharging or refuelling points located on private properties, access to which is restricted to a limited, determinate circle of persons, such as parking lots in office buildings to which only employees or authorised persons have access, should not be considered as publicly accessible recharging or refuelling points.
Amendment 221 #
2021/0223(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The market for alternative fuels and in particular for zero emission fuels is still in the early stages of development and technology is evolving fast. This should likely affect the demand for alternative fuels and consequently for alternative fuels infrastructure across the modes. The Commission should therefore review this Regulation by the end of 2026 in particular as regards the targets setting for electric recharging points for HDV as well as t, taking into account national margkets for infrastructure for alternative fuels for zero-emission vessels and aircraft in waterborne transport and avia and traffic shares data and market projections.
Amendment 223 #
2021/0223(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate unnecessary compliance costs in the affected sectors.
Amendment 231 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) ‘alternative fuels’ means fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute, on a permanent basis or for a transitional phase, to its decarbonisation and enhance the environmental performance of the transport sector, including:
Amendment 234 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – introductory part
Article 2 – paragraph 1 – point 3 – point a – introductory part
(a) ‘alternative fuels for low- and zero- emission vehicles’:
Amendment 237 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – indent 2
Article 2 – paragraph 1 – point 3 – point a – indent 2
– hydrogen and hydrogen derived fuels,
Amendment 238 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – indent 3
Article 2 – paragraph 1 – point 3 – point a – indent 3
Amendment 241 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 1
Article 2 – paragraph 1 – point 3 – point b – indent 1
– biomass fuels and biofuels as defined in Article 2, points (27) and (33) of Directive (EU) 2018/2001such as bio-hydrogen, bio-ammonia, bio-methane, bio-LNG, bio-CNG, bio-LPG, RCF,
Amendment 244 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 2
Article 2 – paragraph 1 – point 3 – point b – indent 2
– synthetic and paraffinic fuels, including ammonia,e-hydrogen, e-ammonia, e- methanol, e-methane, e-LNG, rDME, RFNBO produced from renewable energy,
Amendment 259 #
2021/0223(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) At the early stage of market deployment there is still a degree of uncertainty with regard to the kind of vehicles that will come into the market and to the kind of technologies that are going to be widely used. As outlined in the Commission’s communication ‘A hydrogen strategy for a climate-neutral Europe’56 the heavy-duty segment was identified as the most likely segment for the early mass deployment of hydrogen vehicles. Therefore, hydrogen refuelling infrastructure should preliminarily focus on that segment while also allowing light-duty vehicles to fuel at publicly accessible hydrogen refuelling stations. To ensure interoperability, all publicly accessible hydrogen stations should at least serve gaseous hydrogen at 700 bar. The infrastructure roll out should also take into account the emergence of new technologies, such as liquid hydrogen, that allow a larger range for heavy-duty vehicles and are the preferred technology choice of some vehicle manufacturers. To that end, a minimum number of hydrogen refuelling stations should serve also liquid hydrogen in addition to gaseous hydrogen at 700 bar. _________________ 56 COM(2020) 301 final
Amendment 260 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
(38) ‘publicly accessible’ alternative fuels infrastructure, means an alternative fuels infrastructure which is located at a site or premise that is open to the general public, irrespective of whetherwith unlimited and unconditional access to the alternative fuels infrastructure, irrespective of whether it is located on public or on private property, whether limitations or conditions apply in terms of access to the site or premise and irrespective of the applicable use conditions of the alternative fuels infrastructure;
Amendment 263 #
2021/0223(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A number of LNG refuelling points are established in the Union, already providing a backbone for the circulation of LNG driven heavy-duty vehicles. The TEN-T core network should remain the basis for the deployment of LNG infrastructure, and progressively for bio- LNG, as it covers the main traffic flows and allows cross border connectivity throughout the Union. It had been recommended in Directive 2014/94/EU that such refuelling points be installed every 400 km on the TEN-T core network, but certain limited should remain the basis for the deployment of LNG infrastructure, and progressively for bio-LNG, as it covers the main traffic flows and allows cross border connectivity throughout the Union. It had been recommended in Directive 2014/94/EU that such refuelling points be installed every 400 km on the TEN-T core network, but some important gaps in the network remain across the EU to reach that objective. Member States should by 2025 reach that objective and fill the remaining gaps, after which the target should cease to applyLNG stations are insufficient especially in Eastern Europe and in third countries, situated on international transport corridors, including corridors linking different Member States. Member States should by 2025 reach that objective and fill the remaining gaps, after which the target should be adapted to different market scenarios in line with EU and national decarbonisation targets and market shares of alternative fuels.
Amendment 270 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 57
Article 2 – paragraph 1 – point 57
(57) ‘ship at berth’ means a ship at bwhich is securely moored or anchored along a quay in a port falling under th as defined in Article 3, point (n) of Regulation (EU) 2015/757e jurisdiction of a Member State while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations;
Amendment 272 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 59
Article 2 – paragraph 1 – point 59
(59) ‘smart recharging’ means a recharging operation in which the intensity of electricity delivered to the battery is adjusted in real-time, based on information received through electronica standardised communication protocol;
Amendment 282 #
2021/0223(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Shore-side electricity facilities, either fixed or mobile, can serve maritime and inland waterway transport as clean power supply and contribute to reducing the environmental impact of seagoing ships and inland waterway vessels. Under the FuelEU maritime initiative, ship operators of container and passenger ships need to comply with provisions to reduce emissions at berth. Mandatory deployment targets should ensure that the sector finds sufficient shore-side electricity supply in TEN-T core and comprehensive maritime ports to comply with those requirements. The application of these targets to all TEN- T maritime ports should ensure the level playing field between ports.
Amendment 286 #
2021/0223(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
Amendment 288 #
2021/0223(COD)
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) The diversity of maritime ports in terms of size, traffic segments served, governance and geographical location has to be taken into account in the deployment of on-shore power supply.
Amendment 289 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2 a (new)
Article 3 – paragraph 1 – indent 2 a (new)
- areas with high population density and regional uptake in light-duty electric vehicles are given priority in the development of the infrastructure and higher targets.
Amendment 291 #
2021/0223(COD)
Proposal for a regulation
Recital 32 c (new)
Recital 32 c (new)
(32 c) Given the cost and complexity associated with the roll-out of OPS in maritime ports, it is essential to prioritise the investments, particularly where it makes the most sense in terms of emissions reduction and economic viability. Frequency of use, potential level of emissions reduction, regularity of calls and availability of grid capacity are important elements in that respect;
Amendment 292 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2 b (new)
Article 3 – paragraph 1 – indent 2 b (new)
- the grid connection and the grid capacity are provided.
Amendment 299 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) for each battery electric light-duty vehicle registered in their territory, a total power output of at least 13 kW is provided through publicly accessible recharging stations; and
Amendment 302 #
2021/0223(COD)
Proposal for a regulation
Recital 32 e (new)
Recital 32 e (new)
(32 e) 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 by the port nor of the ship owner or operator to comply with the requirements of this Regulation, as long as the insufficient local grid capacity is duly attested by the grid manager.
Amendment 311 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) for each plug-in hybrid light-duty vehicle registered in their territory, a total power output of at least 0.662 kW is provided through publicly accessible recharging stations.
Amendment 325 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point i
Article 3 – paragraph 2 – point a – point i
(i) by 31 December 2025, each recharging pool shall offer a power output of at least 3600 kW and include at least onetwo recharging stations with an individual power output of at least 15300 kW;
Amendment 333 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point ii
Article 3 – paragraph 2 – point a – point ii
(ii) by 31 December 2030, each recharging pool shall offer a power output of at least 61200 kW and include at least twofour recharging stations with an individual power output of at least 15300 kW;
Amendment 344 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point i
Article 3 – paragraph 2 – point b – point i
(i) by 31 December 2030, each recharging pool shall offer a power output of at least 3600 kW and include at least one recharging station with an individual power output of at least 15300 kW;
Amendment 347 #
2021/0223(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The revised national policy frameworks should include detailed market and traffic shares, especially for transit traffic, data monitoring and evaluation on a frequent basis, providing for market projections and supporting actions for the development of the market as regards alternative fuels, including the deployment of the necessary infrastructure to be put into place, in close cooperation with regional and local authorities and with the industry concerned, while taking into account the needs of small and medium- sized enterprises. Additionally, the revised frameworks should describe the overall national framework for planning, permitting and procuring of such infrastructure, including the identified obstacles and actions to remove them so shat a faster rollout of infrastructure can be achieved.
Amendment 349 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point ii
Article 3 – paragraph 2 – point b – point ii
(ii) by 31 December 2035, each recharging pool shall offer a power output of at least 61200 kW and include at least two recharging stations with an individual power output of at least 15300 kW.
Amendment 351 #
2021/0223(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The development and implementation of the revised national policy frameworks of the Member States should be facilitated by the Commission by means of exchanges of information and best practices between the Member States and regional and local authorities.
Amendment 354 #
2021/0223(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to promote alternative fuels and develop the relevant infrastructure, the national policy frameworks should consist of detailed strategies to promote alternative fuels in sectors that are difficult to decarbonise such as aviation, maritime transport, inland waterway transport as well as rail transport on network segments that cannot be electrified. In particular, Member States should develop clear strategies for the decarbonisation of inland waterway transport along the TEN-T network in close cooperation with those Member States concerned. Long term decarbonisation strategies should also be developed for TEN-T ports and TEN-T airports, in particular with a focus on the deployment of infrastructure for low and zero emission vessels and aircraft as well as for railway lines that are not going to be electrified. On the basis of those strategies, taking into consideration the national market and traffic share data and market projections, the Commission should review this Regulation with a view to setting more mandatory targets for those sectors.
Amendment 355 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In case of rapid market uptake in any relevant reporting period, Member States should shorten the deadlines under points (a) and (b) accordingly and increase the targets for recharging pools accordingly.
Amendment 359 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Neighbouring Member States shall ensure that the maximum distances referred to in points (a) and (b) are not exceeded for cross-border sections of the TEN-T core and, unless economically unfeasible, of the TEN-T comprehensive network.
Amendment 361 #
2021/0223(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Member States should make use of a wide range of regulatory and non-market-based and regulatory incentives and measures to reach the mandatory targets and implement their national policy frameworks, in close cooperation with private sector actors, who should play a key role in supporting the development of alternative fuels infrastructure.
Amendment 363 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Paragraph 1 and 2 shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 368 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Member States shall ensure that targets in densely populated areas and regions with high uptake in registered light-duty electricity vehicles are increased accordingly in order to provide the necessary infrastructure and support the market development.
Amendment 370 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3 c (new)
Article 3 – paragraph 3 c (new)
3c. The Commission should take the necessary measures to ensure the cooperation with third-countries, especially candidates for membership in the EU and those third countries, in which transit corridors connecting Member States, are situated.
Amendment 380 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point i
Article 4 – paragraph 1 – point a – point i
(i) by 31 December 2025, each recharging pool shall offer a power output of at least 142800 kW and include at least onetwo recharging stations with an individual power output of at least 350 kW;
Amendment 391 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point ii
Article 4 – paragraph 1 – point a – point ii
(ii) by 31 December 2030, each recharging pool shall offer a power output of at least 35000 kW and include at least twofour recharging stations with an individual power output of at least 350 kW;
Amendment 392 #
2021/0223(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54 a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate unnecessary compliance costs in the affected sectors.
Amendment 395 #
2021/0223(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation establishes a reporting mechanism to stimulate cooperation and ensures a robust tracking of progress. The mechanism shall comprise a structured, transparent, iterative and multi-level governance process between the Commission and Member States for the purpose of the finalisation of the national policy frameworks, taking into account existing local and regional strategies for the deployment of alternative fuels infrastructure, and their subsequent implementation and corresponding Commission action.
Amendment 398 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) ‘alternative fuels’ means fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute, on a permanent basis or for a transitional phase, to its decarbonisation and enhance the environmental performance of the transport sector, including:
Amendment 403 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point i
Article 4 – paragraph 1 – point b – point i
(i) by 31 December 2030, each recharging pool shall offer a power output of at least 1400 kW and include at least onetwo recharging stations with an individual power output of at least 350 kW;
Amendment 403 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – introductory part
Article 2 – paragraph 1 – point 3 – point a – introductory part
(a) ‘alternative fuels for low- and zero- emission vehicles’:
Amendment 408 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – indent 2
Article 2 – paragraph 1 – point 3 – point a – indent 2
– hydrogen and hydrogen derived fuels,
Amendment 410 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – indent 3
Article 2 – paragraph 1 – point 3 – point a – indent 3
Amendment 414 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point ii
Article 4 – paragraph 1 – point b – point ii
(ii) by 1 December 2035, each recharging pool shall offer a power output of at least 3500 kW and include at least two recharging stations with an individual power output of at least 35700 kW;
Amendment 418 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) by 31 December 203027, in each safe and secure parking area situated on the TEN-T core network, at least onetwo recharging stations dedicated to heavy- duty vehicles with a power output of at least 100 kW isare installed;
Amendment 419 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 1
Article 2 – paragraph 1 – point 3 – point b – indent 1
– biomass fuels and biofuels as defined in Article 2, points (27) and (33) of Directive (EU) 2018/2001such as bio-hydrogen, bio-ammonia, bio- methanol, bio-methane, bio-LNG, bio- CNG, bio-LPG or RCF,
Amendment 422 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 2
Article 2 – paragraph 1 – point 3 – point b – indent 2
– synthetic and paraffinic fuels, including ammoniae-hydrogen, e-ammonia, e- methanol, e-methane, e-LNG, rDME or RFNBO, produced from renewable energy,
Amendment 423 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) by 31 December 2030, in each safe and secure parking area, situated on the TEN-T comprehensive network, at least one recharging station dedicated to heavy- duty vehicles with a power output of at least 100 kW is installed;
Amendment 428 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) by 31 December 2025, in each urban node publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 61200 kW are deployed, provided by recharging stations with an individual power output of at least 15300 kW;
Amendment 428 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c – introductory part
Article 2 – paragraph 1 – point 3 – point c – introductory part
(c) ‘alternative fossil fuels’ for a transitional phaseprogressively blended with renewable fuels:
Amendment 431 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) by 31 December 2030, in each urban node publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 12400 kW are deployed, provided by recharging stations with an individual power output of at least 15300 kW.
Amendment 434 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) Member States shall ensure that the grid connection and the grid capacity necessary is provided.
Amendment 439 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Paragraph 1 shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 441 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. The Commission should take the necessary measures to ensure the cooperation with third countries, especially candidates for membership in the EU and those third countries in which transit corridors connecting Member States are situated.
Amendment 441 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘electric road system’ means a physical installation along a road that allows for the transfer of electricity to an electric vehicle while the vehicle is in motionfor propulsion or dynamic charging to an electric vehicle;
Amendment 442 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17 a) 'dynamic charging' means the charging of an electric vehicles battery while the vehicle is in motion;
Amendment 451 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a – introductory part
Article 5 – paragraph 2 – point a – introductory part
(a) operators of recharging points shall, at publicly accessible recharging stations with a power output below 50 kW, deployed from the date referred to in Article 24, accept electronic payments through terminals and devices used for payment services, including at least one of the following:
Amendment 451 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
(38) ‘publicly accessible’ alternative fuels infrastructure, means an alternative fuels infrastructure which is located at a site or premise that is open to the general public, irrespective of whetherwith unlimited and unconditional access to the alternative fuels infrastructure, is located on public or on private property, whether limitations or conditions apply in terms of access to the siterrespective of whether it is located on public or orn premise and irrespective of the applicable use conditions of the alternative fuels infrastructureivate property;
Amendment 459 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a – point iii
Article 5 – paragraph 2 – point a – point iii
Amendment 464 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 468 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b – point i
Article 5 – paragraph 2 – point b – point i
Amendment 475 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b – point ii
Article 5 – paragraph 2 – point b – point ii
Amendment 476 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 57
Article 2 – paragraph 1 – point 57
(57) ‘ship at berth’ means ship at b ship which is securely moored along a quay in a port falling under th as defined in Article 3, point (n) of Regulation (EU) 2015/757e jurisdiction of a Member State while it is loading, unloading or hoteling, including the time spent when not engaged in cargo operations;
Amendment 481 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
From 1 January 2027 onwards, operators of recharging points shall ensure that all publicly accessible recharging stations with a power output equal to or more than 50 kW operated by them comply with the requirement in point (b)of this paragraph.
Amendment 481 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 58
Article 2 – paragraph 1 – point 58
(58) ‘shore-side electricity supply’ means the provision of shore-side electrical power through a standardised interfacefixed, floating or mobile installation to seagoing ships or inland waterway vessels at berth;
Amendment 483 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 59
Article 2 – paragraph 1 – point 59
(59) ‘smart recharging’ means a recharging operation in which the intensity of electricity delivered to the battery is adjusted in real-time, based on information received through electronica standardised communication protocol;
Amendment 486 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The requirements laid down in points (a) and (b)this paragraph shall not apply to publicly accessible recharging points that do not require payment for the recharging service.
Amendment 493 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Prices charged by operators of publicly accessible recharging points shall be reasonable and affordable, easily and clearly comparable, transparent and non- discriminatory. Operators of publicly accessible recharging points shall not discriminate between the prices charged to end users and prices charged to mobility service providers nor between prices charged to different mobility service providers. Where relevant, the level of prices may only be differentiated in a proportionate manner, according to an objective justification.
Amendment 499 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Operators of recharging points shall clearly display the ad hoc price and all its components at all publicly accessible recharging stations operated by them so that these are known to end users before they initiate a recharging session. At least the following price components, if applicable at the recharging station, shall be clearly displayed:The price components shall be clearly displayed at the recharging station in price per kWh.
Amendment 500 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
– in their territory, publicly accessible recharging stations dedicated to light-duty vehicles are deployed in a territorially balanced manner that provide sufficient power output for those vehicles.
Amendment 503 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 5 – indent 1
Article 5 – paragraph 5 – indent 1
Amendment 507 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2 a (new)
Article 3 – paragraph 1 – indent 2 a (new)
- the grid connection and the grid capacity are provided.
Amendment 510 #
Amendment 512 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) for each battery electric light-duty vehicle registered in their territory, a total power output of at least 13 kW is provided through publicly accessible recharging stations; and
Amendment 514 #
Amendment 516 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Prices charged by mobility service providers to end users shall be reasonable and affordable, transparent and non- discriminatory. Mobility service providers shall make available to end users all applicable price information, prior to the start of the recharging session, and specific to their intended recharging session, through freely available, widely supported electronic means, clearly distinguishing the price components charged by the operator of recharging point, applicable e-roaming costs and other fees or charges applied by the mobility service provider. The fees shall be reasonable and affordable, transparent and non- discriminatory. No extra charges for cross- border e-roaming shall be applied.
Amendment 519 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. From the date referred to in Article 24, operators of recharging points shall ensure that all newly built publicly accessible recharging points operated by them are digitally-connected recharging points and include e-roaming functionality. All existing recharging points have to fulfil this requirement by 1 January 2025.
Amendment 520 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) for each plug-in hybrid light-duty vehicle registered in their territory, a total power output of at least 0.662 kW is provided through publicly accessible recharging stations.
Amendment 525 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. From the date referred to in Article 24, operators of recharging points shall ensure that all newly built publicly accessible normal power recharging points operated by them are capable of smart recharging. All existing recharging points have to fulfil this requirement by 1 January 2025.
Amendment 530 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – introductory part
Article 3 – paragraph 2 – point a – introductory part
(a) along or in the immediate vicinity of the TEN-T core network, publicly accessible recharging pools dedicated to light-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km in-between them:
Amendment 534 #
2021/0223(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Dynamic charging infrastructure 1. Member States may deploy dynamic charging infrastructure such as contactless inductive charging or overhead line technology and account these towards the achievement of the targets for light commercial vehicles set out in Article 3 and the charging infrastructure targets for heavy commercial vehicles set out in Article 4. 2. Member States shall ensure that, in the case of the use of dynamic charging infrastructure, the overall objectives of stationary charging infrastructure set out in Article 3 and Article 4 of this Regulation are achieved to the same extent.
Amendment 537 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point i
Article 3 – paragraph 2 – point a – point i
(i) by 31 December 2025, each recharging pool shall offer a power output of at least 3600 kW and include at least onetwo recharging stations with an individual power output of at least 15300 kW;
Amendment 539 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, in their territory, a minimum number of publicly accessible hydrogen refuelling stations are put in place by 31 December 203027.
Amendment 539 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point ii
Article 3 – paragraph 2 – point a – point ii
(ii) by 31 December 2030, each recharging pool shall offer a power output of at least 61200 kW and include at least two recharging stations with an individual power output of at least 15300 kW;
Amendment 546 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) along or in the immediate vicinity of the TEN-T comprehensive network, publicly accessible recharging pools dedicated to light-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km in-between them:
Amendment 547 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
To that end Member States shall ensure that by 31 December 203027 publicly accessible hydrogen refuelling stations with a minimum capacity of 2 t/day and equipped with at least a 700 bars dispenser are deployed with a maximum distance of 150 km in-between them along the TEN-T core and the TEN-T comprehensive network. Liquid hydrogen shall be made available at publicly accessible refuelling stations with a maximum distance of 4350 km in-between them.
Amendment 550 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point i
Article 3 – paragraph 2 – point b – point i
(i) by 31 December 2030, each recharging pool shall offer a power output of at least 3600 kW and include at least one recharging station with an individual power output of at least 15300 kW;
Amendment 553 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point ii
Article 3 – paragraph 2 – point b – point ii
(ii) by 31 December 2035, each recharging pool shall offer a power output of at least 61200 kW and include at least two recharging stations with an individual power output of at least 15300 kW.
Amendment 560 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Paragraph 1 shall not apply to outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 561 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. The Commission shall take the necessary measures to ensure cooperation with third countries, especially candidates for membership in the EU and those third countries in which transit corridors connecting Member States are situated.
Amendment 562 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2 b. In case of rapid market uptake in any relevant reporting period, Member States should shorten the deadlines under points (a) and (b) accordingly and increase the targets for recharging pools accordingly.
Amendment 563 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Neighbouring Member States shall ensure that the maximum distances referred to in paragraph 2 - points (a) and (b) are not exceeded for cross-border sections of the TEN-T core and, unless economically unfeasible, of the TEN-T comprehensive network.
Amendment 569 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Paragraph 1 and 2 shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 573 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3 b. Member States shall ensure that targets in densely populated areas and regions with high uptake in registered light-duty electricity vehicles are increased accordingly in order to provide the necessary infrastructure and support the market development.
Amendment 575 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3 c (new)
Article 3 – paragraph 3 c (new)
3 c. The Commission should take the necessary measures to ensure the cooperation with third-countries, especially candidates for membership in the EU and those third countries, in which transit corridors connecting Member States, are situated.
Amendment 578 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – introductory part
Article 4 – paragraph 1 – point a – introductory part
(a) along or in the immediate vicinity of the TEN-T core network, publicly accessible recharging pools dedicated to heavy-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km in-between them:
Amendment 581 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point i
Article 4 – paragraph 1 – point a – point i
(i) by 31 December 2025, each recharging pool shall offer a power output of at least 142800 kW and include at least onetwo recharging stations with an individual power output of at least 350 kW;
Amendment 588 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point ii
Article 4 – paragraph 1 – point a – point ii
(ii) by 31 December 2030, each recharging pool shall offer a power output of at least 35000 kW and include at least twofour recharging stations with an individual power output of at least 350 kW;
Amendment 592 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1 e (new)
Article 8 – paragraph 1 e (new)
1e. The provisions of this Article shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 594 #
2021/0223(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 594 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – introductory part
Article 4 – paragraph 1 – point b – introductory part
(b) along or in the immediate vicinity of the TEN-T comprehensive network, publicly accessible recharging pools dedicated to heavy-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 100 km in-between them:
Amendment 595 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point i
Article 4 – paragraph 1 – point b – point i
(i) by 31 December 2030, each recharging pool shall offer a power output of at least 1400 kW and include at least onetwo recharging stations with an individual power output of at least 350 kW;
Amendment 601 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point ii
Article 4 – paragraph 1 – point b – point ii
(ii) by 1 December 2035, each recharging pool shall offer a power output of at least 3500 kW and include at least two recharging stations with an individual power output of at least 35700 kW;
Amendment 605 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) by 31 December 203027, in each safe and secure parking area situated on the TEN-T core network, at least onetwo recharging station dedicated to heavy-duty vehicles with a power output of at least 100 kW isare installed;
Amendment 610 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) by 31 December 2030,in each safe and secure parking area, situated on the TEN-T comprehensive network, at least one recharging station dedicated to heavy- duty vehicles with a power output of at least 100 kW is installed;
Amendment 616 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) by 31 December 2025, in each urban node publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 61200 kW are deployed, provided by recharging stations with an individual power output of at least 15300 kW;
Amendment 617 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(ca) several short port calls to load and unload at different berths in the same port;
Amendment 621 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the maritime port of the TEN-T core network and the TEN-T comprehensive network is located on an island which is not connected directly to the electricity grid or in an outermost region, paragraph 1 shall not apply, until such a connection has been completed or there is a sufficient locally generated capacity from clean energy sources, or if the costs are disproportionate to the benefits, including environmental benefits.
Amendment 624 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall ensure sufficient grid capacity and connection, power reserve and frequency conversion to the ports.
Amendment 624 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) by 31 December 2030, in each urban node publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 12400 kW are deployed, provided by recharging stations with an individual power output of at least 15300 kW.
Amendment 626 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(e a) Member States shall ensure that the grid connection and the grid capacity necessary is provided.
Amendment 634 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Paragraph 1 shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 635 #
2021/0223(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) Member States shall ensure sufficient grid capacity and connection, power reserve and frequency conversion to the ports.
Amendment 640 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2 b. The Commission should take the necessary measures to ensure the cooperation with third countries, especially candidates for membership in the EU and those third countries, in which transit corridors connecting Member States are situated.
Amendment 641 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2 c (new)
Article 4 – paragraph 2 c (new)
2 c. The Commission should review, if necessary, the targets set in this regulation for electric recharging infrastructure dedicated to heavy-duty vehicles to align them with the new requirements set in the updated regulation EU 2019/1242 on the CO2 emission standards for heavy-duty vehicles.
Amendment 648 #
2021/0223(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that airport managing bodies and suppliers of groundhandling services of all TEN-T core and comprehensive network airports ensure the provision of electricity supply to stationary aircraft through, any technology available to them, by:
Amendment 652 #
2021/0223(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 (new)
Article 12 – paragraph 1 – subparagraph 1 (new)
Short-term parking positions such as de- icing positions, parking positions in military areas and parking positions for general air traffic (below 7,5 to MTOW) shall not be covered by this paragraph.
Amendment 655 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a – introductory part
Article 5 – paragraph 2 – point a – introductory part
(a) operators of recharging points shall, at publicly accessible recharging stations with a power output below 50 kW, deployed from the date referred to in Article 24, accept electronic payments through terminals and devices used for payment services, including at least one of the following:
Amendment 656 #
2021/0223(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Where the airport of the TEN-T core network or the TEN-T comprehensive network is located on an island which is not connected directly to the electricity grid or in an outermost region, paragraph 1 shall not apply until such a connection has been completed or there is sufficient locally generated capacity from clean energy sources or if the costs are disproportionate to the benefits, including environmental benefits.
Amendment 662 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. By 1 January 2024, each Member State shall, jointly with regional, national and local authorities, prepare and send to the Commission a draft national policy framework for the development of the market as regards alternative fuels in the transport sector and the deployment of the relevant infrastructure. The national policy framework shall be based on detailed market and traffic shares, especially for transit traffic, data monitoring and include detailed market projections.
Amendment 665 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point a
Article 13 – paragraph 1 – subparagraph 1 – point a
(a) an assessment of the current state and future development of the market as regards alternative fuels in the transport sector, and of the development of alternative fuels infrastructure, considering intermodal access of alternative fuels infrastructure and, where relevant, cross- border continuity and mobility and accessibility between outermost regions and between them and the mainland;
Amendment 668 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 674 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b – point i
Article 5 – paragraph 2 – point b – point i
Amendment 678 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b – point ii
Article 5 – paragraph 2 – point b – point ii
Amendment 684 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
From 1 January 2027 onwards, operators of recharging points shall ensure that all publicly accessible recharging stations with a power output equal to or more than 50 kW operated by them comply with the requirement in point (b)of this paragraph.
Amendment 686 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The requirements laid down in points (a) and (b)this paragraph shall not apply to publicly accessible recharging points that do not require payment for the recharging service.
Amendment 688 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k a (new)
Article 13 – paragraph 1 – subparagraph 1 – point k a (new)
(ka) measures to ensure that the density of publicly accessible alternative fuels infrastructure available at national level takes into account the population density and the number of registrations of vehicles, powered by alternative fuels in the local area based on NUTS 3 level in accordance with the latest NUTS classification;
Amendment 692 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point n
Article 13 – paragraph 1 – subparagraph 1 – point n
(n) a deployment plan for alternative fuels infrastructure in maritime ports other than for LNG and shore-side electricity supply for use by sea going vessels, in particular for hydrogen, ammoniahydrogen derived fuels and electricity;
Amendment 695 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point o
Article 13 – paragraph 1 – subparagraph 1 – point o
(o) a deployment plan for alternative fuels in inland waterway transport, in particular for both hydrogen and, electricity and other relevant alternative fuels;
Amendment 697 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
(pa) a comprehensive investment plan laying out the investments necessary to achieve the targets set in the national policy framework and which shall also include the infrastructures outside the TEN-T network;
Amendment 698 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Operators of recharging points shall clearly display the ad hoc price and all its componentsin price per kWh at all publicly accessible recharging stations operated by them so that these are known to end users before they initiate a recharging session. At least the following price components, if applicable at the recharging station, shall be clearly displayed:
Amendment 702 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 5 – indent 1
Article 5 – paragraph 5 – indent 1
Amendment 704 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p b (new)
Article 13 – paragraph 1 – subparagraph 1 – point p b (new)
(pb) a deployment plan for grid connections and capacity.
Amendment 706 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Without prejudice to paragraph 1 and before the deadline set therein, Member States are invited to submit preliminary national policy frameworks in order to ensure a smooth and quick development and deployment of the infrastructure. When a Member State decides to hand in a preliminary national policy framework, the Commission shall assess the preliminary national policy framework and issue recommendations no later than six months after the submission of the preliminary national policy frameworks.
Amendment 707 #
Amendment 709 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the national policy frameworks take into account the needs of the different regions and transport modes existing on their territory, including those for which limited alternatives to fossil fuels are available.
Amendment 711 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that national policy frameworks take into account, as appropriate, the interests of regional and local authorities, in particular when recharging and refuelling infrastructure for public transport is concerned, as well as those of all the stakeholders concerned.
Amendment 713 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Members States, in their policy frameworks, shall take into account regional disparities and pay special attention to less developed regions (at NUTS-2 level), especially those with Regional GDP (PPS per inhabitant in % of the EU 27) under 50.
Amendment 713 #
Amendment 715 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Where necessary, Member States shall cooperate, by means of consultations or joint policy frameworks, to ensure that the measures required to achieve the objectives of this Regulation are coherent and coordinated. In particular, Member States shall cooperate on the strategies to use alternative fuels and deployment of corresponding infrastructure in waterborne transport. The Commission shall assist the Member States in the cooperation process. The European Coordinators, in line with Article 45 of Regulation (EU) No 1315/2013, shall be actively consulted.
Amendment 717 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
Amendment 717 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Prices charged by mobility service providers to end users shall be reasonable, and affordable, transparent and non- discriminatory. Mobility service providers shall make available to end users all applicable price information, prior to the start of the recharging session, and specific to their intended recharging session, through freely available, widely supported electronic means, clearly distinguishing the price components charged by the operator of recharging point, applicable e-roaming costs and other fees or charges applied by the mobility service provider. The fees shall be reasonable and affordable, transparent and non- discriminatory. No extra charges for cross- border e-roaming shall be applied.
Amendment 720 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. From the date referred to in Article 24, operators of recharging points shall ensure that all newly built publicly accessible recharging points operated by them are digitally-connected recharging points and include e-roaming functionality. All existing recharging points have to fulfil this requirement by 31 December 2025.
Amendment 721 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Each Member State shall make available to the public its draft national policy framework, including a comprehensive financing plan, and shall ensure that the public is given early and effective opportunities to participate in the preparation of the draft national policy framework.
Amendment 723 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 7 – point b a (new)
Article 13 – paragraph 7 – point b a (new)
(ba) if policies and measures are geographically distributed across the regions within the Member State.
Amendment 725 #
2021/0223(COD)
8. From the date referred to in Article 24, operators of recharging points shall ensure that all newly built publicly accessible normal power recharging points operated by them are capable of smart recharging. All existing recharging points have to fulfil this requirement by 31 December 2025.
Amendment 726 #
2021/0223(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall submit to the Commission a standalone progress report on the implementation of its national policy framework for the first time by 1 January 20276 and every two years thereafter.
Amendment 732 #
2021/0223(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The regulatory authority of a Member States shall assess, at the latest by 30 June 2024 and periodically every three years thereafter, how the deployment and operation of recharging points could enable electric vehicles to further contribute to the flexibility of the energy system, including their participation in the balancing market, and to the further absorption of renewable electricity. That assessment shall take into account all types of recharging points, whether public or private, and provide recommendations in terms of type, supporting technology and geographical distribution in order to facilitate the ability of users to integrate their electric vehicles in the system. It shall be made publicly available. On the basis of the results of the assessment, Member States shall, if necessary, take the appropriate measures for the deployment of additional recharging points and include them in their progress report referred to in paragraph 1. The assessment and measures shall be taken into account by the system operators in the network development plans referred to in Article 32(3) and Article 51 of Directive (EU) 2019/944.
Amendment 736 #
2021/0223(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. On the basis of input from transmission system operators and distribution system operators, the regulatory authority of a Member States shall assess, at the latest by 1 30 June 2024 and periodically every three years thereafter, the potential contribution of bidirectional charging to the penetration of renewable electricity into the electricity system. That assessment shall be made publicly available. On the basis of the results of the assessment, Member States shall take, if necessary, the appropriate measures to adjust the availability and geographical distribution of bidirectional recharging points, in both public and private areas and include them in their progress report referred to in paragraph 1.
Amendment 737 #
2021/0223(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 738 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. The Commission shall submit to the European Parliament and to the Council a report on its assessment of the progress reports pursuant to Article 14(1) one yearsix months after submission of the national progress reports by the Member States. This assessment shall contain an assessment of:
Amendment 740 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b a (new)
Article 15 – paragraph 3 – point b a (new)
(ba) the need to adapt and/or amend existing binding targets or to set new targets, due to unexpected market trends and/or technology innovations.
Amendment 741 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) the number of publicly accessible hydrogen and other renewable fuels refuelling points;
Amendment 742 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, in their territory, a minimum number of publicly accessible hydrogen refuelling stations are put in place by 31 December 203027.
Amendment 753 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
To that end Member States shall ensure that by 31 December 203027 publicly accessible hydrogen refuelling stations with a minimum capacity of 2 t/day and equipped with at least a 700 bars dispenser are deployed with a maximum distance of 150 km in-between them along the TEN-T core and the TEN-T comprehensive network. Liquid hydrogen shall be made available at publicly accessible refuelling stations with a maximum distance of 4350 km in-between them.
Amendment 754 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point j a (new)
Article 15 – paragraph 4 – point j a (new)
(ja) the alternative fuel infrastructure in outermost regions and islands.
Amendment 755 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and 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.
Amendment 756 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 b (new)
Article 15 – paragraph 4 b (new)
4b. 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 package 1a, with 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.
Amendment 757 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 c (new)
Article 15 – paragraph 4 c (new)
4c. The Commission shall consider possible amendments to this Regulation with regards to regulatory simplification. The Commission and the competent authorities in the Member States 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.
Amendment 761 #
2021/0223(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The European Parliament shall be duly informed by the European Commission about measures taken in accordance with paragraph 2.
Amendment 766 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Paragraph 1 shall not apply to outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 768 #
2021/0223(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. The Commission should take the necessary measures to ensure cooperation with third countries, especially candidates for membership in the EU and those third countries in which transit corridors connecting Member States are situated.
Amendment 769 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a – point iv a (new)
Article 18 – paragraph 2 – point a – point iv a (new)
(iva) accessibility for heavy-duty vehicles, including height, length and width restrictions of the recharging and refuelling points.
Amendment 773 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b – point ii
Article 18 – paragraph 2 – point b – point ii
(ii) type and availability of connector,
Amendment 779 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii a (new)
Article 18 – paragraph 2 – point c – point iii a (new)
(iiia) if applicable, price for parking,
Amendment 782 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii b (new)
Article 18 – paragraph 2 – point c – point iii b (new)
(iiib) if applicable, time limit for parking,
Amendment 784 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii c (new)
Article 18 – paragraph 2 – point c – point iii c (new)
(iiic) payment options.
Amendment 798 #
2021/0223(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21 a Compensatory regulatory reduction The Commission shall present, at the latest one year after the entry into force of this Regulation, and in line with its communication on the application of the “one in, one out” prinicple 1a , proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate unnecessary compliance costs in the affected sectors. __________________ 1a EC press release on the working methods of the von der Leyen Commission, 4 December 2019.
Amendment 800 #
2021/0223(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
By 31 December 2026, the Commission shall review this Regulation, and, where appropriate,paying special attention to the appropriateness of the targets and infrastructure requirements set within this Regulation. If it finds that one or more provisions are not appropriate anymore or new technologies have emerged, the Commission shall submit a proposal to amend ithis Regulation.
Amendment 806 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1 d (new)
Article 8 – paragraph 1 d (new)
The Commission shall take the necessary measures to ensure the cooperation with third-countries, especially candidates for membership in the EU and those third countries, in which transit corridors, connecting Member Stats, are situated.
Amendment 807 #
2021/0223(COD)
Proposal for a regulation
Article 8 – paragraph 1 e (new)
Article 8 – paragraph 1 e (new)
The provisions of this Article shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
Amendment 809 #
2021/0223(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Renewable fuels infrastructure 1. Member States shall plan the development of infrastructure for all renewable fuels, following the assessment of National policy frameworks and of market and transit traffic shares and market projections, made by the Commission by 1 December 2026 at the latest. 2. The Commission shall, when revising this Regulation, include binding targets for renewable fuels infrastructure based on national reports, Commission analysis based on national and EU-wide market share and transit traffic share indicators.
Amendment 815 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that a minimum shore-side electricity supply for seagoing container and passenger ships is provided in maritime ports, as well as to inland vessels in ports connected to navigable waterways. To that end, Member States shall take the necessary measures to ensure that by 1 January 2030:
Amendment 847 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(c a) the ports shall decide the implementation of points (a), (b) and (c) requirements in accordance with number of calls by terminal.
Amendment 871 #
2021/0223(COD)
(c a) several short port calls to load and unload at different berths in the same port;
Amendment 873 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the maritime port of the TEN-T core network and the TEN-T comprehensive network is located on an island which is not connected directly to the electricity grid or in an outermost region, paragraph 1 shall not apply, until such a connection has been completed or there is a sufficient locally generated capacity from clean energy sources. , or if the costs are disproportionate to the benefits, including environmental benefits.
Amendment 887 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Member States shall ensure sufficient grid capacity and connection, power reserve and frequency conversion to the ports.
Amendment 897 #
2021/0223(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(b a) sufficient grid capacity and connection, power reserve and frequency conversion to the ports are available.
Amendment 927 #
2021/0223(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that airport managing bodies and suppliers of groundhandling services of all TEN-T core and comprehensive network airports ensure the provision of electricity supply, through any technology available to them, to stationary aircraft by:
Amendment 933 #
2021/0223(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 (new)
Article 12 – paragraph 1 – subparagraph 1 (new)
Short-term parking positions such as de- icing positions, parking positions in military areas and parking positions for general air traffic (below 5,7 to MTOW) shall not be covered by this paragraph.
Amendment 938 #
2021/0223(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. Where the airport of the TEN-T core network or the TEN-T comprehensive network is located on an island which is not connected directly to the electricity grid or in an outermost region, paragraph 1 shall not apply until such a connection has been completed or there is sufficient locally generated capacity from clean energy sources or if the costs are disproportionate to the benefits, including environmental benefits.
Amendment 948 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. By 1 January 2024, each Member State shall, jointly with regional, national and local authorities prepare and send to the Commission a draft national policy framework for the development of the market as regards alternative fuels in the transport sector and the deployment of the relevant infrastructure. The national policy framework shall be based on detailed market and traffic shares, especially for transit traffic, data monitoring and include detailed market projections.
Amendment 953 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point a
Article 13 – paragraph 1 – subparagraph 1 – point a
(a) an assessment of the current state and future development of the market as regards alternative fuels in the transport sector, and of the development of alternative fuels infrastructure, considering intermodal access of alternative fuels infrastructure and, where relevant, cross- border continuity and mobility and accessibility between outermost regions and between them and the mainland;
Amendment 981 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k a (new)
Article 13 – paragraph 1 – subparagraph 1 – point k a (new)
(k a) measures to ensure that the density of publicly accessible alternative fuels infrastructure available at national level takes into account the population density and the number of registrations of vehicles, powered by alternative fuels in the local area based on NUTS 3 level in accordance with the latest NUTS classification;
Amendment 986 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point l
Article 13 – paragraph 1 – subparagraph 1 – point l
(l) a deployment plan for alternative fuels infrastructure in airports other than for electricity supply to stationary aircraft, in particular for hydrogen, hydrogen derived fuels and electric recharging for aircrafts;
Amendment 995 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point n
Article 13 – paragraph 1 – subparagraph 1 – point n
(n) a deployment plan for alternative fuels infrastructure in maritime ports other than for LNG and shore-side electricity supply for use by sea going vessels, in particular for hydrogen, ammoniahydrogen derived fuels and electricity;
Amendment 1000 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point o
Article 13 – paragraph 1 – subparagraph 1 – point o
(o) a deployment plan for alternative fuels in inland waterway transport, in particular for both hydrogen and, electricity and other relevant alternative fuels;
Amendment 1009 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
(p a) a comprehensive investment plan laying out the investments necessary to achieve the targets set in the national policy framework and which shall also include the infrastructures outside the TEN-T network;
Amendment 1017 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p b (new)
Article 13 – paragraph 1 – subparagraph 1 – point p b (new)
(p b) a deployment plan for grid connections and capacity.
Amendment 1019 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Without prejudice to paragraph 1 and before the deadline set therein, Member States are invited to submit preliminary national policy frameworks in order to ensure a smooth and quick development and deployment of the infrastructure. When a Member State decides to hand in a preliminary national policy framework, the Commission shall assess the preliminary national policy framework and issue recommendations no later than six months after the submission of the preliminary national policy frameworks.
Amendment 1021 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the national policy frameworks take into account the needs of the different regions and transport modes existing on their territory, including those for which limited alternatives to fossil fuels are available.
Amendment 1028 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that national policy frameworks take into account, as appropriate, the interests of regional and local authorities, in particular when recharging and refuelling infrastructure for public transport is concerned, as well as those of all the stakeholders concerned.
Amendment 1031 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. Members States, in their policy frameworks, shall take into account regional disparities and pay special attention to less developed regions (at NUTS-2 level), especially those with Regional GDP (PPS per inhabitant in % of the EU 27) under 50.
Amendment 1033 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Where necessary, Member States shall cooperate, by means of consultations or joint policy frameworks, to ensure that the measures required to achieve the objectives of this Regulation are coherent and coordinated. In particular, Member States shall cooperate on the strategies to use alternative fuels and deployment of corresponding infrastructure in waterborne transport. The Commission shall assist the Member States in the cooperation process. The European Coordinators, in line with Article 45 of Regulation (EU) No 1315/2013, shall be consulted.
Amendment 1034 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4 a. The Commission should take the necessary measures to ensure cooperation with third countries, especially candidates for membership in the EU and those third countries in which transit corridors connecting Member States are situated.
Amendment 1036 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Each Member State shall make available to the public its draft national policy framework, including a comprehensive financing plan, and shall ensure that the public is given early and effective opportunities to participate in the preparation of the draft national policy framework.
Amendment 1040 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 7 – point b a (new)
Article 13 – paragraph 7 – point b a (new)
(b a) if policies and measures are geographically distributed across the regions within the Member State.
Amendment 1043 #
2021/0223(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each Member State shall submit to the Commission a standalone progress report on the implementation of its national policy framework for the first time by 1 January 20276 and every two years thereafter.
Amendment 1050 #
2021/0223(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 1053 #
2021/0223(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. On the basis of input from transmission system operators and distribution system operators, the regulatory authority of a Member States shall assess, at the latest by 1 30 June 2024 and periodically every three years thereafter, the potential contribution of bidirectional charging to the penetration of renewable electricity into the electricity system. That assessment shall be made publicly available. On the basis of the results of the assessment, Member States shall take, if necessary, the appropriate measures to adjust the availability and geographical distribution of bidirectional recharging points, in both public and private areas and include them in their progress report referred to in paragraph 1.
Amendment 1055 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. The Commission shall submit to the European Parliament and to the Council a report on its assessment of the progress reports pursuant to Article 14(1) one yearsix months after submission of the national progress reports by the Member States. This assessment shall contain an assessment of:
Amendment 1062 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) the number of publicly accessible hydrogen and other renewable fuels refuelling points;
Amendment 1076 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point j a (new)
Article 15 – paragraph 4 – point j a (new)
(j a) the alternative fuel infrastructure in outermost regions and islands.
Amendment 1079 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and 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.
Amendment 1081 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 4 c (new)
Article 15 – paragraph 4 c (new)
4 c. The Commission shall consider possible amendments to this Regulation with regards to regulatory simplification. The Commission and the competent authorities in the Member States 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.
Amendment 1084 #
2021/0223(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. The European Parliament shall be duly informed by the Commission about measures taken in accordance with paragraph 2.
Amendment 1106 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a – point iv a (new)
Article 18 – paragraph 2 – point a – point iv a (new)
(iv a) accessibility for heavy-duty vehicles, including height, length and width restrictions of the recharging and refuelling points.
Amendment 1109 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b – point ii
Article 18 – paragraph 2 – point b – point ii
(ii) type and availability of connector,
Amendment 1119 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii a (new)
Article 18 – paragraph 2 – point c – point iii a (new)
(iii a) if applicable, price for parking,
Amendment 1121 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii b (new)
Article 18 – paragraph 2 – point c – point iii b (new)
(iii b) if applicable, time limit for parking,
Amendment 1122 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii c (new)
Article 18 – paragraph 2 – point c – point iii c (new)
(iii c) payment options.
Amendment 1123 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 (new)
Article 18 – paragraph 2 – subparagraph 1 (new)
Operators of publicly accessible recharging and refuelling points or, in accordance with the arrangement between them, the owners of those points, shall not be obliged to disclose static or dynamic data that would result in the disclosure of company confidential data.
Amendment 1128 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure the accessibility of data, not including company confidential data, on an open and non- discriminatory basis to all stakeholders through their National Access Point in application of Directive 2010/40/EU of the European Parliament and the Council67 . _________________ 67 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (OJ L 207, 6.8.2010, p. 1).
Amendment 1140 #
2021/0223(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Amendment 1142 #
2021/0223(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
By 31 December 2026, the Commission shall review this Regulation, and, where appropriate,paying special attention to the appropriateness of the targets and infrastructure requirements set within this Regulation. If it finds that one or more provisions are not appropriate any more or new technologies have emerged, the Commission shall submit a proposal to amend ithis Regulation.
Amendment 1149 #
2021/0223(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b – indent 8
Annex I – paragraph 1 – point 1 – point b – indent 8
– Shore side electricity supply at maritime ports of the TEN-T core and TEN-T comprehensive network, including exact location (port), grid capacity, and capacity of each installation within the port;
Amendment 113 #
2021/0218(COD)
Proposal for a directive
Recital 31 a (new)
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 life cycle 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.
Amendment 123 #
2021/0218(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the 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.
Amendment 134 #
2021/0218(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Low-carbon liquid fuels have a significant potential to enable the reduction of pollutant and CO2 emissions from new vehicles and the existing fleet. Directive 98/70/EC has not been updated since 2009 and in light of the introduction of new Euro 7/VII emission standards, Directive 98/70/EC needs to be revised as well.
Amendment 145 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – point 36a (new)
Article 2 – point 36a (new)
(36a) ‘renewable hydrogen’ means hydrogen produced from bio feedstock compatible with the sustainability criteria of Art. 29;
Amendment 171 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 1
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.
Amendment 184 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 2 – point a – point iii
Article 3 – paragraph 3 – subparagraph 2 – point a – point iii
Amendment 194 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
Amendment 204 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
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.;
Amendment 293 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive (EU) 2018/2001
Article 27 – paragraph 1 – subparagraph 1 – point c – point iii
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 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;
Amendment 299 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive (EU) 2018/2001
Article 27 – paragraph 1 – subparagraph 1 – point d
Article 27 – paragraph 1 – subparagraph 1 – point d
(d) the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels, biogas. renewable fuels of non- biological origin and renewable electricity supplied to all transport modes by the baseline.
Amendment 316 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive (EU) 2018/2001
Article 29 – paragraph 3 – subparagraph 1a
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.;
Amendment 323 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
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.;
Amendment 329 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point d
Article 1 – paragraph 1 – point 18 – point d
Directive (EU) 2018/2001
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Biofuels, bioliquids and biomass fuels produced from agricultural or 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, 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.;
Amendment 334 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point e
Article 1 – paragraph 1 – point 18 – point e
Directive (EU) 2018/2001
Article 29 – paragraph 6 – subparagraph 1 – point a – point iv
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:;
Amendment 357 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive (EU) 2018/2001
Article 29a – paragraph 3
Article 29a – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. The delegated act based on this article shall be published by December 31, 2022. The methodology shall ensure that credit for avoided emissions is not given for CO2 the capture of which has already received an emission credit under other provisions of law.;
Amendment 383 #
2021/0218(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1a) At the latest in 2024, the European Commission shall adopt a proposal to amend Directive 98/70/EC with the aim to improve the quality of motor fuels specified in Annexes I and II of this Directive.
Amendment 389 #
2021/0218(COD)
Proposal for a directive
Annex I – paragraph 1 – point 5 – point c
Annex I – paragraph 1 – point 5 – point c
Directive (EU) 2018/2001
Annex V – part c – point 18
Annex V – part c – point 18
18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co- products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery;
Amendment 96 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replacestrengthen carbon leakage protection in view of higher EU climate ambitions by 2030 and thereafter replace progressively these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out and by ensuring that EU products exported in the global market are not replaced by more carbon intensive products, which would undermine the objective of reducing global emissions. To ensure a gradual transition from the current system of free allowances to the CBAM, free allowances should only be phased out once the CBAM regulation has proven its effectiveness in terms of protection from the risk of carbon leakage both for imports and exports, not before 2030 and only following a three years test phase running from 2026 to 2028 during which the effectiveness of the mesure will be throughly assessed by the Commission. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 114 #
2021/0214(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) While the surrenderingof 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 leakageassociated with European exports to third countries that have not yet limited or priced GHG emissions at the same levels as the EU.
Amendment 116 #
2021/0214(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) This Regulation does not apply to goods exported from the EU and therefore does not address carbon leakage associated with exports. Consequently, the Commission should monitor and evaluate the mechanism’s impact on export markets and, if the assessment of the effectiveness of the CBAM in tackling carbon leakage on the EU market is positive, after the three year test period, the Commission shall present a report to the European Parliament and Council accompanied with a legislative proposal to address the carbon leakage risk on export markets while starting the free allocation phase out as set out in the ETS directive.
Amendment 119 #
2021/0214(COD)
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12 c) If European industries producing goods subject to the CBAM face significant difficulties as a result of its implementation, the Commission develops an in-depth assessment in close collaboration with the industrial secotrs. This assessment should be completed as soon as possible to determine whether the mechanism is effective and practible.
Amendment 122 #
2021/0214(COD)
Proposal for a regulation
Recital 13
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; imports and domestic production shall be treated in the same way to ensure WTO compatibility; the CBAM shall ensure a level playing field between EU domestic and foreign producers, ensure full protection against carbon leakage for European industry and avoid emission transfers to third countries; as well as the impact on exports and dependent sectors along the value chain.
Amendment 132 #
2021/0214(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS and where the carbon cost burden is equivalent to that under the EU ETS, in the event of future agreements, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, those third countries or territories should be excluded from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Union.
Amendment 143 #
2021/0214(COD)
Proposal for a regulation
Recital 19
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 shouldall not establish or lead to quantitative limits to import, so as to ensure that trade flows are not restricted or constrain trade flows. Moreover, while the EU ETS applies to installations based in the Union, the CBAM should initially be applied to certaina limited scope of goods imporlisted into the customs territory of the Union Annex I, after close review, the scope should be extended to also include finished goods.
Amendment 148 #
2021/0214(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The CBAM system has some specific features compared with the EU ETS, including on the calculation of the price of CBAM certificates, on the possibilities to trade certificates and on their validity over time. These are due to the need to preserve the effectiveness of the CBAM as a measure preventing carbon leakage over time and to ensure that the managemadministrative burdent of the system is not excessively burdensomekept to a minimum in terms of obligations imposed on the operators and of resources for the administration, while at the same time preserving an equivalent level of flexibility available to operators under the EU ETS.
Amendment 151 #
2021/0214(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to preserve its effectiveness as a carbon leakage measure, the CBAM needs to reflect closely the EU ETS price. While on the EU ETS market the price of allowances is determined through auctions, the price of CBAM certificates should reasonably reflect the price of such auctions through averages calculated on a weekly basis. Such weekly average prices reflect closely the price fluctuations of the EU ETS and allow a reasonable margin for importers to take advantage of the price changes of the EU ETS while at the same ensuring that the system remains manageable for the administrative authoritystem at the same time needs to consider the costs and administrative burden impacting EU downstream industries.
Amendment 152 #
2021/0214(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) In order to keep any additional burden to an absolute minimum the CBAM should be easy to administer and not place an undue burden on enterprises, especially small and medium- sized enterprises (SMEs).
Amendment 154 #
2021/0214(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Given that the CBAM applies to imports of goods into the customs territory of the Union rather than to installations, certain adaptations and simplifications would also need to apply in the CBAM regime. One of those simplifications should consist in a declarative system where importers should report the total verified GHG emissions embedded in goods imported in a given calendar year. A different timing compared to the compliance cycle of the EU ETS should also be applied to avoid any potential bottleneck resulting from obligations for accredited verifiers under this Regulation and the EU ETS. The transition period should be of adequate timeframe to allow European companies to adjust and focus on low carbon investments.
Amendment 163 #
2021/0214(COD)
Proposal for a regulation
Recital 29
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. 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. A mechanism centred solely on basic materials could lead to a shift in imports towards intermediate and final products not covered by the mechanism, thereby affecting the EU industry and increasing the risk of carbon leakage; A thorough, proper and comprehensive impact assessments should be done after the transition period also aimed to identify measures for sectors where the risk of carbon leakage is highest, while taking into consideration the sector’s competitiveness; This requires transparency throughout of the process leading to the CBAM, as well as engagement with the EU’s trading partners and to avoid any possible retaliations. 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.
Amendment 184 #
2021/0214(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) As importers of goods covered by this Regulation should not have to fulfil their CBAM obligations under this Regulation at the time of importation, specificonly necessary administrative measures should be applied to ensure that the obligations are fulfilled at a later stage. Therefore, importers should only be entitled to import CBAM goods after they have been granted an authorisation by competent authorities responsible for the application of this Regulation.
Amendment 202 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to prevent distortion of competition in the EU and in global markets and possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . With regard to indirect emissions, the evaluation shall take into account the exposure of EU producers to carbon costs passed on in electricity prices due to the functioning of the EU energy market. _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 204 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050, without hindering the efficiency of trade with goods covered by the CBAM. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 216 #
2021/0214(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism, provided that they deliver equivalent GHG emissions reductions and carbon costs constraints.
Amendment 217 #
2021/0214(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities fornsure dialogue and enhance 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.
Amendment 232 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage from the EU and contribute to the reduction of global carbon emissions.
Amendment 235 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism willshould progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive, if it has been proven to be effective in preventing carbon leakage both for imports into and exports from the Union’s custom territory, and without prejudice to maintaining EU ETS allowances free of charge at benchmark level until a test period with actual surrendering obligation by declarants running until 2030 has proven such effectiveness.
Amendment 262 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12
Article 2 – paragraph 12
12. The Union, may conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries in the application of Article 9. These agreements shall not lead to undue preferential treatment of imports from third countries as regards the CBAM certificates to be surrendered and they must not take into account any carbon pricing mechanisms that are considered to be circumvention practices under Article 27.
Amendment 317 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent authority to verify and to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
Amendment 355 #
2021/0214(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. If irregularities are identified as a result of the controls carried out under paragraph 2, the Commission shall inform the Member State or Member States concerned for further investigation in order to correct the identified irregularities. Identified irregularities shall be corrected as soon as possible from their identification and, where appropriate, penalties pursuant to article 27 shall apply.
Amendment 417 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation whether slightly modified or not, stems from a practice, process or work, has insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation.
Amendment 419 #
2021/0214(COD)
2 a. The practice, process or work referred to in the first subparagraph include, inter alia: (a) the slight modification of the product concerned to make it fall under customs codes which are normally not subject to the obligations of this Regulation, provided that the modification does not alter its essential characteristics; (b) false declarations as to the identity of the producer of the product concerned or of the nature of the product concerned or the production process involved in making it; (c) the consignement of the product concerned via third countries to which no or more favourable obligations apply; (d) the reorganisation by exporters or producers of their patterns and channels of sales in order to eventually avoid obligations as laid down in this Regulation,or undermine their effects, including on overall GHG emissions and on prices of the like products, for instance via practices of resource shuffling;For thepurpose of this point, resource shuffling shall be defined as any practice, process or work that have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation, or undermining their effects, without delivering environmental benefits on global GHGemissions; (e) any other measure to eventually avoid or evade obligations as laid down in this Regulation, or undermine their effects, including onoverall GHG;
Amendment 434 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3 a. Following a notification from a Member State, an interested party or on its own initiative, the Commission may decide, following an investigation, to extend obligations laid down in this regulation, in whatever way is necessary to prevent future circumvention of the mechanism, when circumvention of the measures in force is taking place.
Amendment 449 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 c (new)
Article 27 – paragraph 5 c (new)
5 c. Investigations shall be carried out by the Commission. The Commission may be assisted by customs authorities and the investigation shall be concluded in due time.
Amendment 451 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 d (new)
Article 27 – paragraph 5 d (new)
5 d. The Commission Decision finding circumvention shall impose a penalty pursuant to article 26 on an Authorised Declarant involved in the circumvention and, if appropriate, the operator of the installation located in the third country that is linked to the Authorised Declarant. Where appropriate, the penalty shall also entail the withdrawal of import authorisation and be extended to the operator.
Amendment 461 #
2021/0214(COD)
1. The Commission shall be assisted by the CBAM Committee. The committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The CBAM committee should include representatives from enterprises affected by the Regulation to ensure transparency, as well as mitigate risk of litigation and possible trade disputes.
Amendment 480 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, 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 as well as an assessment of the impact on competitiveness of the EU downstream industry. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
Amendment 51 #
2021/0213(CNS)
Proposal for a directive
Recital 11
Recital 11
(11) Member States should also replicate at any time the ranking of minimum levels of taxation as laid down in the annex in relation to different products for each given use in order to ensure an environmentally tailored structure of rates. The minimum levels of energy taxation should be automatically aligned every year to take into account the evolution of their real value in order to preserve the current level of rate harmonization and therefore reduce the volatility stemming from energy and food prices. This alignment should be made on the basis of the changes in the Union-wide harmonised index of consumer prices excluding energy and unprocessed food as published by Eurostat.
Amendment 89 #
2021/0213(CNS)
Proposal for a directive
Recital 35
Recital 35
(35) Reference should be made to the version presently applicable of the Combined Nomenclature. In order to ensure that the references to Combined Nomenclature (CN) codes in this Directive are updated whenever necessary, and that the minimum rates of taxation reflect prices evolution, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of updating the reference to those CN codes, and in respect of updating the minimum tax rates based on yearly variations of the consumer price index. 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-Making. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives 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.
Amendment 94 #
2021/0213(CNS)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
Where Directive 2012/27/EU or Directive (EU) 2018/2001, as the case may be, do not contain a net calorific value for the product concerned, Member States shall refer to relevant available information on its net calorific value. The Commission shall add a conversion table per each energy product and electricity summarizing energy content- based minimum rates per volume unit.
Amendment 98 #
2021/0213(CNS)
Proposal for a directive
Article 2 – paragraph 8 – subparagraph 2
Article 2 – paragraph 8 – subparagraph 2
Those delegated acts shall not result in any changes in the minimum tax rates set in this Directive or in the addition or removal of any energy products and electricity. The Commission shall attach codes of the Combined Nomenclature to Annex I.
Amendment 105 #
2021/0213(CNS)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
For the purposes of ranking mentioned in the first subparagraph, electricity shall be considered together with other motor fuels and heating fuels indicated in Tables B and C of Annex I, except when Member States apply a specific level of taxation to electricity used to charge electric vehicles and plug-in hybrid vehicles, in which case electricity shall be considered together with motor fuels indicated in Table A of Annex I, unless otherwise specified in this Directive.
Amendment 106 #
2021/0213(CNS)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 111 #
2021/0213(CNS)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table A of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
Amendment 115 #
2021/0213(CNS)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table B of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
Amendment 118 #
2021/0213(CNS)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table C of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
Amendment 120 #
2021/0213(CNS)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States may express their national levels of taxation in units other than that specified in Articles 7 to 10 provided that the corresponding levels of taxation, following conversion into those units, are not below the minimum levels specified in this Directive in accordance with the conversion table.
Amendment 121 #
2021/0213(CNS)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 134 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 5 – introductory part
Article 14 – paragraph 5 – introductory part
5. Member States mayshall apply under fiscal control total or partial exemptions to electricity supplied to stationary aircrafts.
Amendment 159 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Member States mayshall apply under fiscal control total or partial exemptions to electricity directly supplied to vessels berthed in ports.
Amendment 164 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Without prejudice to other Union provisions, Member States mayshall apply under fiscal control exemptions or reductions in the level of taxation to:
Amendment 185 #
2021/0213(CNS)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The power to adopt the delegated acts referred to in Article 2(8) and Article 5(2) shall be conferred on the Commission for an indeterminate period of time from 1 January 2023.
Amendment 187 #
2021/0213(CNS)
Proposal for a directive
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The delegation of power referred to in Article 2(8) and Article 5(2) may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 188 #
2021/0213(CNS)
Proposal for a directive
Article 29 – paragraph 6
Article 29 – paragraph 6
6. A delegated act adopted pursuant to Article 2(8) and Article 5(2) shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council have informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.
Amendment 190 #
2021/0213(CNS)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
Every five years and for the first time five years after 1 January 2023, the Commission shall perform a review of this Directive and submit to the Council a report on the application of this Directive, and, if needed, publish a new proposal.
Amendment 202 #
2021/0213(CNS)
Proposal for a directive
Annex I – Part C – table
Annex I – Part C – table
Final rate after completion of Start of transitional transitional period period (01.01.2023) (01.01.2033) before indexation Gas oil 0,9 0,9 Heavy fuel oil 0,9 0,9 Kerosene 0,9 0,9 Coal and coke 0,9 0,9 Non-sustainable bioliquids 0,9 0,9 0,9 Non-sustainable solid products falling within 0,9 0,9 0,9 CN codes 4401 and 4402 Liquefied Petroleum Gas (LPG) 0,6 0,9 0,9 Natural gas 0,6 0,9 0,9 Non-sustainable biogas 0,6 0,9 Non renewable fuels of non-biological origin 0,6 0,9 0,9 Sustainable food and feed crop bioliquids 0,45 15 0,9 Sustainable food and feed crop biogas 0,45 15 0,9 Sustainable bioliquids 0,45 00 0,45 Sustainable biogas 0,45 00 0,45 Sustainable solid products falling within CN 0,45 0,00 0,45 codes 4401 and 4402 Low-carbon fuels 0,15 00 0,45 Renewable fuels of non-biological origin 0,15 00 0,15 Advanced sustainable bioliquids, biogas and products falling within CN codes 4401 and 0,15 0,15 4402 00 0,15 4402 Electricity 0,00 0,15 Table C.1 - Maximum levels of taxation applicable to electricity used for heating (in EUR/Gigajoule) Transitional period (01.01.2023 - 01.01.2033) Electricity 0,15
Amendment 204 #
2021/0213(CNS)
Proposal for a directive
Annex I – Part D – table
Annex I – Part D – table
Table D. — Minimum levels of taxation applicable to electricity (in EUR/Gigajoule) Final rate after completion of Start of transitional transitional period period (01.01.2023) (01.01.2033) before indexation Electricity 0,1500 0,15 Table D.1 - Maximum levels of taxation applicable to electricity (in EUR/Gigajoule) Transitional period (01.01.2023 - 01.01.2033) Electricity 0,15
Amendment 383 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Regulation (EU) 2015/757
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(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 a ship’s ice class or navigation in ice or both in line with Annex X.
Amendment 384 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3
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.
Amendment 386 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
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.
Amendment 388 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
Member States, administering Member States and administering authorities in respect of a shipping company shall ensure that allowances surrendered in accordance with the first subparagraph are subsequently cancelled.; 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.;
Amendment 1 #
2021/0210(COD)
Proposal for a regulation
Recital 1
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 global 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
Amendment 2 #
2021/0210(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The maritime sector employs 2 million Europeans and contributes EUR 149 billion to the economy. For every EUR 1 million generated in the shipping industry, EUR 1,8 million are generated elsewhere in the EU economy.1a __________________ 1a European Community Shipowners’ Association report “The Economic Value of the EU Shipping Industry”, 2020.
Amendment 3 #
2021/0210(COD)
Proposal for a regulation
Recital 1 b (new)
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 modes2a. 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 to 4 % of total EU CO2emissions. CO2 emissions from maritime transport are expected to increase, unless further action is taken. All sectors of the economy must contribute to the swift reduction of GHG emissions towards net-zero GHG emissions by 2050 at the latest as enshrined in Regulation (EU) 2021/1119. It is therefore essential for the Union to set out an ambitious pathway for the swift ecological transition of the maritime sector, which would also contribute to maintaining and further promoting its global leadership in the green technologies, services and solutions, and to further stimulating job creation in the related value chains while retaining competitiveness. __________________ 2a European Environment Agency study,2020, https://www.eea.europa.eu/publications/ra il-and-waterborne-transport
Amendment 4 #
2021/0210(COD)
Proposal for a regulation
Recital 2
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 at the latest, 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 [1]as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’20 . [2].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 motivatepromote and speed up a large-scale production and the use of sustainably produced renewable and low-carbon fuels, included in the maritime transport sector. The necessary technology development and deployment has to happen by 2030 to prepare for much more rapid change thereafter., whilst respecting the principle of technological neutrality. The necessary technology development and deployment should be supported as soon as possible and must be under way by 2030 to prepare for much more rapid change thereafter. It is also essential to foster innovation and to support research for emerging and future innovation such as emerging alternative fuels, eco-design, bio based materials, wind propulsion and wind-assisted propulsion.[1] __________________ 19 COM(2020) 563 final 20 COM(2020) 562 final
Amendment 5 #
2021/0210(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 6 #
2021/0210(COD)
Proposal for a regulation
Recital 3
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. Policy measures must therefore be cost-effective and aim to generate the largest possible decarbonisation at the lowest possible cost. 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, which could also contribute to a risk of loss of competitiveness of Union ports vis- à-vis non-Union ports. This may lead to carbon leakage and business 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 and low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market, leaving shipping operators a lower abatement cost option. The availability of such an option is essential to guarantee the competitiveness of European shipping industries and the relevance of logistic routes linking European ports with global trade.
Amendment 7 #
2021/0210(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The maritime sector is characterised by fierce international competition. 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 flag-neutral approach and of a favourable regulatory environment, which is a precondition for attracting new investment and safeguarding the competitiveness of European ports, ship owners and operators.
Amendment 8 #
2021/0210(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to produce an effect on all the activities of the maritime transport sector, it is appropriate that this Regulation covers a share of the voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country. This Regulation should thus apply to half of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the of the energy used by a ship performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, the entirety of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and the energy used at berth in a port under the jurisdiction of a Member State. Such coverage of a share of the energy used by a ship in both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of this Regulation, including by increasing the positive impact on the environment of such framework. Simultaneously, suchThis framework should limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. In order to ensure smooth operation of maritime traffic, a level playing field among maritime transport operators and among ports, and avoid distortions in the internal market, all journeys arriving or departing from ports under jurisdiction of Member States, as well as the stay of ships in those ports should be covered by uniform rules contained in this Regulation. The Commission should set up a monitoring scheme specifically to assess carbon leakage and business leakage, as well as potential evasive practices, and draft a list of potential business activities that do not fall under significant business activities performed at neighbouring EU port calls. In doing so, if significant carbon leakage and business leakage as well as evasive practices are reported, the Commission should propose measures to tackle these issues.
Amendment 9 #
2021/0210(COD)
Proposal for a regulation
Recital 4 a (new)
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. Before the application of this Regulation, the Commission should therefore present proposals off setting the regulatory burdens introduced by this Regulation, through the amendment or repeal of provisions in other Union legislative acts that generate regulatory burdens in the maritime sector.
Amendment 10 #
2021/0210(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) In order to ensure the necessary degree of legal and investment certainity, this Regulation should be closely aligned to and consistent with Regulation XXXX- XXX (Alternative Fuels Infrastructure Regulation), the Directive2003/87/EC (EU ETS), Directive XXXX-XXX (Renewable Energy Directive), and Directive 2003/96/EC (Energy Taxation Directive). Such alignment should result in a coherent legislative framework for the shipping sector, that contributes to significantly increasing the production of sustainable alternative fuels, ensures the deployment of the necessary infrastructure and incentivises the use of these fuels in a steadily growing share of vessels. In order to ensure overall consistency with the Union’s climate, competitiveness and ‘sustainable economic growth’ targets the overarching, combined and cumulative climate and economic impacts of those legislative acts should be evaluated comprehensively and continuously.
Amendment 11 #
2021/0210(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4 c) The obligation for ports to provide an on-shore power supply should be matched by a corresponding obligation for ships to connect to the charging infrastructure designed to deliver that power supply while at berth, in order to ensure the effectiveness of that infrastructure and avoid the risk of stranded assets. Furthermore, efforts should be made to reduce the costs associated with on-shore charging by permanently exempting electricity supplied to vessels in port from taxation through amendments to Directive XXXX- XXXX (Energy Taxation Directive).
Amendment 12 #
2021/0210(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) With the increased costs of shipping for the vessels which do not comply with the requirements of this Regulation, the risk of evasive behaviour and circumvention of the provisions of this Regulation, in particular on the segment of liner container trade, should be addressed. Port calls to ports in the Union’s vicinity in order to limit the costs of compliance with this Regulation would not only diminish the environmental benefits expected and significantly undermine the objectives pursued by this Regulation, but could lead to additional emissions, due to the extra distance travelled to evade the application of this Regulation. It is therefore appropriate to exclude from the concept of port of call certain stops at non-Union ports. That exclusion should target ports in the Union’s vicinity where the risk of evasion is the greatest. A limit of 300 nautical miles constitutes a proportionate response to that risk, balancing the additional burden and the risk of evasion. Moreover, the exclusion from the concept of port of call should only target containerships and ports the main activity of which is the transshipment of containers. For such shipments, the risk of evasion also consists in a shift of port hub to ports outside the Union aggravating the effects of the evasion. For this reason, and in the absence of an IMO mandatory scheme on the use of renewable and low carbon fuels for international voyages at the global level that has a similar level of ambition to that of the requirements set out in this Regulation, stops of containerships in a neighbouring container transshipment port should not be considered to be stops in ports of calls within the meaning of this Regulation. In order to ensure that the measure is proportional to the objectives pursued and results in equal treatment, measures in third countries that have an effect equivalent to this Regulation should be taken into account.
Amendment 13 #
2021/0210(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5 b) In order to take into account the specific situation of island regions, as underlined in Article 174 of the Treaty, and the need to preserve connectivity between islands and peripheral regions with central regions of the Union, temporary exemptions should be allowed for voyages performed by passenger ships other than cruise passenger ships between a port of call under the jurisdiction of a Member State and a port of call under the jurisdiction of the same Member State located in an island with fewer than 100 000 permanent residents.
Amendment 14 #
2021/0210(COD)
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5 c) Taking into account the special characteristics of the outermost regions of the Union, notably their remoteness and insularity, and the constraints to which they are subject, special consideration should be given to preserving their accessibility, and the ability to connect to them efficiently by means of maritime transport. Therefore, only half of the energy used on voyages departing from or arriving to a port of call located in an outermost region should be included in the scope of this Regulation. For the same reason, temporary exemptions should be allowed for voyages between a port of call located in an outermost region and another port of call located in an outermost region, and to the energy used during their stay within the port of calls of the corresponding outermost regions.
Amendment 15 #
2021/0210(COD)
Proposal for a regulation
Recital 5 d (new)
Recital 5 d (new)
(5d) To ensure a level playing field for ships, including those 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 Regulation (EU) 2015/757.
Amendment 16 #
2021/0210(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The person or organisation responsible for the compliance with this Regulation should be the shipping company, defined as the ship-owner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the ship-owner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757 of the European Parliament and of the Council21 , and in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line with the polluter pays principle, the shipping company could, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions affecting the greenhouse gas intensity of the energy used by the ship accountable for the compliance costs under this Regulation. This entity would normally be the entity that is responsible for the choice of fuel, route and speed of the ship. __________________ 21 Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).
Amendment 17 #
2021/0210(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to limit the administrative burden, in particular that of smaller operators, this Regulation should not apply to wooden ships of a primitive build and ships not propelled by mechanical means and focus on ships with a gross tonnage above 5 000. Even though these latter ships represent only approximately 55% of all ships calling at ports under the Regulation (EU) 2015/757 of the European Parliament and of the Council, they are responsible for 90% of the carbon dioxide (CO2) emissions from the maritime sector.
Amendment 18 #
2021/0210(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) In order to ensure the continuing effectiveness of this Regulation, the Commission should monitor its functioning, carrying out impact assessments in respect of the gross tonnage threshold and the ship types covered by this Regulation. The Commission should, in particular, decide whether there are significant reasons to encompass smaller ships and additional ship types within the scope of this Regulation. The Commission should in particular take into account considerations such as the availability of relevant data, the potential GHG emissions reduction and the effectiveness of a scope widening in terms of climate impact, the scale of administrative burden, as well as financial and social consequences thereof.
Amendment 19 #
2021/0210(COD)
Proposal for a regulation
Recital 9
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 electricity, is therefore necessary. That approach should be implemented in a goal-based, technology-neutral and cost-effective manner.
Amendment 20 #
2021/0210(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the principle of technological neutrality. Accordingly, limitsambitious limits, in line with the goals of the Paris Agreement, should be set on the greenhouse gas intensity of the energy used on-board by ships without prescribing the use of any particular fuel or technology.
Amendment 21 #
2021/0210(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) A dedicated Ocean Fund should be established, channelling revenues generated from the auctioning of maritime allowances within the ETS back to the maritime sector. Funds provided under the Ocean Fund should be used to support projects and investments related to the improvement of the energy efficiency of ships and ports, to innovative technologies and infrastructure for decarbonising maritime transport, to the production and deployment of sustainable alternative fuels and to the development of zero-emission propulsion technologies.
Amendment 22 #
2021/0210(COD)
Proposal for a regulation
Recital 11
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.
Amendment 23 #
2021/0210(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) In order to encourage the early market development and deployment of the most sustainable and innovative fuel technologies with growth potential to meet future needs, a dedicated incentive for renewable fuels of non-biological origin (RFNBO) is necessary. This family of fuels has high potential to introduce renewable energy into the marine bunker fuel mix. In view of significantly higher production costs for RFNBOs in the short and medium terms, it is important to ensure a degree of demand that supports investment in such family of fuels. This Regulation introduces a combination of measures to ensure the support to the uptake of sustainable RNFBOs. These include (a) a multiplier until 2035 to reward companies that decide to opt for these fuels despite their relatively high price, and (b) from 2030 a fixed minimum share of RNFBOs in the fuel energy mix. To facilitate compliance with the minimum share of RNFBOs, flexibility measures according to Articles 17 and 18 of this Regulation should apply. Companies can, by means of contractual arrangements, hold the fuel suppliers accountable for the compliance costs under this Regulation, if RNFBOs were not delivered according to agreed conditions.
Amendment 24 #
2021/0210(COD)
Proposal for a regulation
Recital 13
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.
Amendment 25 #
2021/0210(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The long lead times associated towith the development and deployment of new fuels and energy solutions for maritime transport, as well as the long average lifespan of ships,which typically range between 25 and 30 years, 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 to allow sufficient time for the sector to plan and prepare for the long-term, as well as to avoid the risk of stranded assets, any future proposals to amend this Regulation should be limited in scope and should avoid significant changes to the requirements.
Amendment 26 #
2021/0210(COD)
Proposal for a regulation
Recital 15
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 electricity, solar power, generated on-board, or electricity provided at berth,should also be reflected in the methodology.
Amendment 27 #
2021/0210(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to provide a more complete picture of the environmental performance of the various energy sources, the GHG performance of fuels should be assessed on a well-to-wake basis, taking into account the impacts of energy production, transport, distribution and use on-board, accounting for the footprints of the various stages of the fuel lifecycle. This is to incentivise technologies and production pathways that provide a lower GHG footprint and real benefits compared to the existing conventional fuels.
Amendment 28 #
2021/0210(COD)
Proposal for a regulation
Recital 17
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.
Amendment 29 #
2021/0210(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The use of on-shore power supply (OPS) abates air pollution produced by ships at berth 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 shares of renewables shareand fossil free energy sources 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. Thereforeo ensure that air pollution at berth is abated and that OPS infrastructure is economically viable and delivers a return on investment, specific rules should be established to mandate the use of OPS by the most polluting ships in situations where that use would effectively reduce emissions at a reasonable cost.
Amendment 30 #
2021/0210(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In addition to OPS, other zero emission technologies might be capable of offering equivalent environmental benefits in ports. When the use of an alternative technology is demonstrated to be equivalent to the use of OPS, in terms of air pollution and GHG emissions reduction, a ship should be exempted from its use of OPS.
Amendment 31 #
2021/0210(COD)
Proposal for a regulation
Recital 23
Recital 23
(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 or the competent authority, depending on the governance model for ports in the different Member States. Those 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. If it is impossible to supply sufficient on-shore power, due to insufficient capacity in the local grid connected to the port, this should not be considered to be a failure by the port or by the ship owner or operator to comply with the requirements of this Regulation, provided that the insufficient local grid capacity is duly attested by the grid manager to the verifiers.
Amendment 32 #
2021/0210(COD)
Proposal for a regulation
Recital 24
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. As ofIn order to ensure full interoperability, ports should equip their berths, and ship owners their vessels, with power installations that comply with applicable standards. From 2035, ship operators should plan carefully their calls at 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. In order to mitigate the risk of stranded assets, incompatibility of OPS infrastructure on board and at berth as well as alternative fuel demand and supply imbalances, frequent consultation meetings between relevant stakeholders should be organised to discuss and take decisions on requirements and future plans.
Amendment 33 #
2021/0210(COD)
Proposal for a regulation
Recital 24 a (new)
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 at ports outside the scope of the OPS requirement by that Regulation, unless the port has OPS installed and available at the visited berth. If a ship calls at a non-TEN-T port at which OPS is available, that ship should connect to the OPS while at berth.
Amendment 34 #
2021/0210(COD)
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24 b) Even if OPS is an important tool to reduce local emissions of air pollutants, its potential to reduce greenhouse gas emissions depends entirely on the energy mix that is fed through the cables. To realise the full climate and environmental potential of OPS, Member States should increase the capacity and connectivity of electricity grids and continue to reduce the GHG intensity of their energy mixes, so as to provide ports with affordable, plannable and fossil free electricity.
Amendment 35 #
2021/0210(COD)
Proposal for a regulation
Recital 24 c (new)
Recital 24 c (new)
(24 c) The implementation of this Regulation should take due account 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.
Amendment 36 #
2021/0210(COD)
Proposal for a regulation
Recital 24 d (new)
Recital 24 d (new)
Amendment 37 #
2021/0210(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) A robust and transparent monitoring, reporting and verification system should be put in place by this Regulation in order to trace compliance with its provisions. Such system should apply in a non- discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. In order to facilitate achieving the objective of this Regulation, any data already reported for the purpose of Regulation (EU) 2015/757 should be used, when necessary, for verifying compliance with this Regulation in order to limit administrative burden imposed on companies, verifiers and maritime authorities.
Amendment 38 #
2021/0210(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Companies should be responsible for monitoring and reporting the amount and type of energy used on-board by ships in navigation and at berth, as well as other relevant information, such as information on the type of engine on board or presence of wind assisting technologiesand the technical specification of the wind assisting technologies, or any other alternative source of energy present on- board, with a view to showing compliance with the limit on the greenhouse gas intensity of the energy used on-board by a ship set out by this Regulation. To facilitate the fulfilment of these monitoring and reporting obligations and the verification process by the verifiers, similarly to Regulation (EU) 2015/757, companies should document the envisaged monitoring method and provide further details on the application of the rules of this Regulation in a monitoring plan. The monitoring plan, as well as its subsequent modifications, if applicable, should be submitted to the verifier.
Amendment 39 #
2021/0210(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) CA robust certification and monitoring of fuels is essential to achieve the objectives of this Regulation and guarantee the environmental integrity of the renewable and low-carbon fuels that are expected to be deployed in the maritime sector. Such certification should be undertaken by means of a transparent and non-discriminatory procedure. With a view to facilitating certification and limiting the administrative burden, the certification of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel should rely on the rules established by Directive (EU) 2018/2001. This approach of certification should also apply to fuels bunkered outside the Union, which should be considered as imported fuels, in a similar way as Directive (EU) 2018/2001. When companies intend to depart from the default values provided for by that Directive or this new framework, this should only be done when values can be certified by one of the voluntary schemes recognised under Directive (EU) 2018/2001 (for well-to-tank values) or by means of laboratory testing or direct emissions measurements (tank-to-wake).
Amendment 40 #
2021/0210(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) The reliability and accuracy of the information concerning the characteristics of fuels is essential for the enforcement of this Regulation. Fuel suppliers that have been proven to have provided misleading or inaccurate information about the greenhouse gas intensity of the fuels they supply should be subject to a penalty. Fuel suppliers who have repeatedly provided false or misleading information should be blacklisted from the certification schemes laid down in Directive EU 2018/2001 (Renewable Energy Directive). In such cases, any fuels bunkered from its facilities should be considered to have the same emission factor as the least favourable fossil fuel.
Amendment 41 #
2021/0210(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Verification by accredited verifiers should ensure the accuracy and completeness of the monitoring and reporting by companies and the compliance with this Regulation. In order to ensure impartiality and effectiveness, verifiers should be independent and competent legal entities and should be accredited and overseen by national accreditation bodies established pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council24 . __________________ 24 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008).
Amendment 42 #
2021/0210(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) Companies and fuel suppliers could, by means of contractual arrangements, agree on mutual commitments to produce, supply and purchase predetermined quantities of certain fuels. Such contractual arrangements should also cover liability and establish conditions for financial compensation in cases where fuels are not made available as agreed
Amendment 43 #
2021/0210(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The penalty imposed for each non- compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. The penalty should be based on the power installed on board the vessel, expressed in megawatts, multiplied by a fixed penalty in EUR per hour of stay at berth. Due to lack of accurate figures on the cost of providing OPS in the Union, this rate should be based on the most updated EU average electricity price for non-household consumers multiplied by a factor of two to account for other charges related to the provision of the service, including among others connection costs and investment recovery elements.
Amendment 44 #
2021/0210(COD)
Proposal for a regulation
Recital 37
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 in the mariearmarked for the maritime sector and used to promote its decarbonisation, including support for alternatimve sector and help marifuels development, production and deployment, alternatimve operators to meet their climate and environmental goals.fuels infrastructure and OPS infrastructure, as well as new innovative technologies For this purpose these revenues should be allocated to the the InnovatioOcean Fund referred to in Article 10a(8)3gab of Directive 2003/87/EC.
Amendment 45 #
2021/0210(COD)
Proposal for a regulation
Recital 39
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 compiling 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.
Amendment 46 #
2021/0210(COD)
Proposal for a regulation
Recital 40
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 andertifying actual well-to-tank emissions, the rules on conducting direct emissions measurements, adaptation of the penalty factor, accreditation of verifiers, adaptation of the penalty factor, 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.
Amendment 47 #
2021/0210(COD)
Proposal for a regulation
Recital 42
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, continuing the EU’s efforts to promote ambitious maritime decarbonisation targets on an international level. Where an agreement on a global approach 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.
Amendment 48 #
2021/0210(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42 a) To ensure an international level playing field and maximise the environmental impact of legislation on renewable and low-carbon fuels, the Commission and Members States should promote within the IMO and other international organisations robust certification and monitoring systems for renewable fuels.
Amendment 49 #
2021/0210(COD)
Proposal for a regulation
Recital 42 b (new)
Recital 42 b (new)
Amendment 50 #
2021/0210(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The development and large-scale uptake of renewable and low- carbon fuels and substitute sources of energy by ships arriving at, within or departing from ports under the jurisdiction of a Member State across the Union, is not an objective that can be sufficiently achieved by the Member States without risking to introduce barriers to the internal market and distortions of competition between ports and between maritime operators. This objective can be better achieved by introducing uniform rules at Union level that create economic incentives for maritime operators to continue operating unimpededly while meeting obligations on the use of renewable and low-carbon fuels. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
Amendment 51 #
2021/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) thea limit on the greenhouse gas (‘GHG’) intensity of energy used on-board by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State and
Amendment 52 #
2021/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) thean obligation to use on-shore power supply or zero-emission technology in ports under the jurisdiction of a Member State,
Amendment 53 #
2021/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
Amendment 54 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation applies to all ships above a gross tonnage of 5000, regardless of their flag in respect tof:
Amendment 55 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) the entirety of the energy used on voyages from a port of call under the jurisdiction of a Member State to a port of call under the jurisdiction of a Member State, and
Amendment 56 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) half of the energy used on voyages departing from or arriving at a port of call located in an outermost region under the jurisdiction of a Member State, and
Amendment 57 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a half of the energy used on voyages departing from or arriving ato a port of call under the jurisdiction of a Member State, where the last or the next port of call is under the jurisdiction of a third country.
Amendment 58 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
This Regulation does not apply to warships, naval auxiliaries, fish-catching or fish-processing ships, wooden ships of a primitive build, ships not propelled by mechanical means, or government ships used for non-commercial purposes.
Amendment 59 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. By 31 December 2025, the Commission shall adopt an implementing act establishing the list of neighbouring container transshipment ports excluded from the definition of ports of call for containerships set out in this Regulation. At least every two years thereafter, the Commission shall adopt implementing acts updating that list of neighbouring container transshipment ports excluded from the definition of ports of call for containerships set out in this Regulation. Those implementing acts shall list neighbouring container transhipment ports located outside the Union but less than 300 nautical miles of the Union territory, where the share of transhipment of containers, measured in twenty-foot equivalent unit, exceeds 65 % of the total container traffic of that port during the most recent twelve-month period for which relevant data are available. For the purpose of that list, containers shall be considered to be transshipped when they are unloaded from a ship to the port for the sole purpose of loading them on another ship. Ports located in a third country that effectively applies measures that are as ambitious as the requirements set out in this Regulation shall not be included. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).
Amendment 60 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2b (new)
Article 2 – paragraph 2b (new)
2b. Member States may, in respect of the energy used on voyages performed by passenger ships other than cruise passenger ships between a port of call under the jurisdiction of a Member State and a port of call under the jurisdiction of the same Member State located in an island with fewer than 100 000 permanent residents, and in respect of the energy used during their stay within a port call of the corresponding island, exempt specific routes and ports from the application of paragraph 1(a) and (b). Member States shall notify those exemptions prior to their entry into force to the Commission, which shall publish them in the Official Journal of the European Union. No such exemptions shall apply beyond 31 December 2029.
Amendment 61 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2c (new)
Article 2 – paragraph 2c (new)
2c. Member States may, in respect of the energy used on voyages between a port of call located in an outermost region and another port of call located in an outermost region, and in respect of the energy used during their stay within the ports of call of the corresponding outermost regions, exempt specific routes and ports from the application of paragraph 1(a) and (ba). Member States shall notify those exemptions prior to their entry into force to the Commission, which shall publish them in the Official Journal of the European Union. No such exemptions shall apply beyond 31 December 2029. Nothing shall prevent Member States, their regions and territories, from deciding not to apply this exemption or from bringing any exemption that they have granted to an end before 31 December 2029.
Amendment 62 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2d (new)
Article 2 – paragraph 2d (new)
2d. Member States may, in respect of the energy used on voyages performed in the framework of a public service contract or on voyages undertaken by vessels subject to public service obligations in accordance to Council Regulation (EEC) No 3577/92, exempt specific routes from the application of paragraph 1. Member States shall notify such exemptions prior to their entry into force to the Commission, which shall publish them in the Official Journal of the European Union. No such exemptions shall apply beyond 31 December 2029.
Amendment 63 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2e (new)
Article 2 – paragraph 2e (new)
2e. The Commission shall continuously monitor the impact of this Regulation on cargo diversion, in particular via transshipment ports in neighbouring countries. Where the Commission identifies major negative impacts on Union ports, the Commission shall submit legislative proposals to the European Parliament and to the Council to amend this Regulation. In particular, the Commission shall analyse the impact of this Regulation on outermost regions and islands, and shall, where appropriate, propose amendments to the scope of this Regulation.
Amendment 64 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘substitute sources of energy’ means renewable wind or solar energy generated on- board or electricity supplied from on-shore power supply;
Amendment 65 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(h a) ‘windpropulsion’ or ‘wind-assisted propulsion’ means a propulsion technique that contributes primarily or in an auxiliary manner to the propulsion of any type of vessel via the energy of the wind, which is harnessed when the ship is sailing.
Amendment 66 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘port of call’ means a port of call as defined in Article 3, poin (b) of Regulation (EU) 2015/757;the port where a ship stops to load or unload a substantial part of its cargo or to embark or disembark passengers; and consequently, excludes stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities, and stops of container ships in a neighbouring container transshipment port.
Amendment 67 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘ship at berth’ means a ship at berth as defined in Article 3, point (n) of Regulation (EU) 2015/757which is securely moored at the quayside in a port falling under the jurisdiction of a Member State while it is loading, unloading, embarking or disembarking passengers or hotelling, including the time spent when not engaged in cargo or passenger operations;
Amendment 68 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point n
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; excluding the additional energy used due to the technical characteristics of a ship in ice class IA or IA Super, or an equivalent ice class, and excluding the additional energy used by a ship in ice class IC, IB, IA or IA Super, or an equivalent ice class due to sailing in ice conditions;
Amendment 69 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q a (new)
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;
Amendment 70 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q b (new)
Article 3 – paragraph 1 – point q b (new)
(q b) 'sailing in ice conditions' means the sailing by an ice class ship in a sea area within the ice edge;
Amendment 71 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q c (new)
Article 3 – paragraph 1 – point q c (new)
(q c) 'ice edge' means the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting;
Amendment 72 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point r
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 fixed, floating and mobile installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;
Amendment 73 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – indent 3
Article 4 – paragraph 2 – indent 3
— -1320% from 1 January 2035;
Amendment 74 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – indent 4
Article 4 – paragraph 2 – indent 4
— -2638% from 1 January 2040;
Amendment 75 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – indent 5
Article 4 – paragraph 2 – indent 5
— -5964% from 1 January 2045;
Amendment 76 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – indent 6
Article 4 – paragraph 2 – indent 6
— -7580% from 1 January 2050.
Amendment 77 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
[Asterix: The reference value, whichthe calculation of which will be carried out at a later stage of the legislative procedure, corresponds to the Union fleet average greenhouse gas intensity of the energy used on-board by ships in 2020 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.]
Amendment 78 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 3
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. For ships in ice classes, a correction factor shall be applied,resulting in the deduction of the higher fuel consumption linked to ice navigation.
Amendment 79 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. The default values set out in Annex II to this Regulation shall serve as the basis for the calculation of emission factors. Where actual values exist verified by means of certification or direct emissions measurements, those actual values may be used instead.
Amendment 80 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex II in order to include the well-to-wake emission factors related to any new sources of energy or, to adapt the existing emission factors to ensure consistency with future international standards or the legislation of the Union in the field of energy and to ensure that they are as representative of real emissions throughout all stages of the fuel lifecycle as possible, in accordance with the best available scientific and technical knowledge.
Amendment 81 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
Amendment 82 #
2021/0210(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Use of Renewable Fuels of Non- Biological Origin 1. Member States shall take the necessary measures, if necessary drawing on the credit exchange mechanism established in Regulation XXXX [Renewable Energy Directive], to ensure that renewable fuels of non-biological origin (RFNBOs) are made available in ports within their territory. 2. From 1 January 2025 to 31 December 2034, a multiplier of “2” shall be used in the denominator of Equation (1) of Annex Ifor the calculation of the greenhouse gas intensity of the energy used on-board, in order to reward companies for the use of RFNBO fuels. 3. From 1 January 2030, at least 2% of the yearly average energy used on-board a ship shall be met with RFNBOs compliant with paragraph 1(b) of Article 9. 4. Until 31 December 2034 paragraph 3 shall not apply to companies, and their subsidiaries, operating three or fewer ships falling within the scope laid down in Article2(1). 5. By 2028 at the latest, the Commission shall assess the obligation laid down in Paragraph 3 with a view to adjust it if:· there are serious concerns about production capacity, availability or price of RFNBOs, or; there is a substantial cost reduction and a geographically comprehensive availability of RFNBOs and a need to increase the level of sub-quota to meet Union climate targets. 6. The Commission is empowered to adopt delegated acts in accordance with Article 26 to set the criteria for this assessment, and to adjust the obligations in Article 4a(3) and Annex V if deemed necessary by the assessment carried out in accordance with Paragraph 5.
Amendment 83 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. From 1 January 2030, a ship at berth in a port of call under the jurisdiction of a Member State shall connect to on-shore power supply and use it for all energy needs while atcovered by Article 9 of Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) shall connect to on-shore power supply and use it for all its electricity needs while at berth. In the event that a non-TEN-T port has voluntarily installed OPS, ships calling at that port and having compatible OPS equipment on-board shall connect to OPS when available at the visited berth.
Amendment 84 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
(b) that use zero-emission technologies, as specified in Annex III provided that they continuously achieve emissions that are equivalent to the emissions reductions that would be achieved by using on-shore power supply;
Amendment 85 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) that are unable to connect to on- shore power supply due to unavailable connection points in a port; including due to a (temporary) lack of grid capacity, including during (seasonal) peak power demands by vessels at berth;
Amendment 86 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point e
Article 5 – paragraph 3 – point e
(e) that are unable to connect to on- shore power supply because the shore installation at the port is not compatible with the on-board on-shore power equipment provided that the installation for shore-connection on-board the ship is certified in accordance with the standards specified in Annex II of Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) for seagoing ships’ shore connection systems;
Amendment 87 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Ship operators shall inform in advance the ports that they call at about their intentions to connect to on-shore power supply or their intention to use a zero-emission technology as defined in Annex III of this Regulation. Ship operators shall also indicate, where applicable, the amount of power they expect to require during that call and inform about the available power equipment on-board.
Amendment 88 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 4
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 modify the criteria for their use, where these new technologies or criteria for use are found to be equivalent to or better than the technologies listed in that Annex in the light of scientific and technical progress.
Amendment 89 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The managing body of the port of call, or where applicable the operator of the terminal 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.
Amendment 90 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 91 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7 a. Consultations shall be organised between managing bodies of ports, terminal operators, ship-owners, ship- operators, OPS providers, grid managers and other relevant stakeholders to ensure cooperation on the OPS infrastructure that is planned and deployed in individual ports, as well as on the demand expected from vessels calling on these ports.
Amendment 92 #
2021/0210(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Companies shall obtain, record, compile, analyse and document monitoring data, including assumptions, references, emission factors and activity data, and any other information required to comply with this Regulation, in a transparent and accurate manner, so that the verifier can determine the greenhouse gas intensity of the energy used on-board by ships.
Amendment 93 #
2021/0210(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point e
Article 7 – paragraph 3 – point e
(e) a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in Articles 4 and 5; as well as in Annexes I and III, respectively;
Amendment 94 #
2021/0210(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point k
Article 7 – paragraph 3 – point k
(k) a description of the method to be used to determine surrogate data for closing data gaps; or for identifying and correcting data errors;
Amendment 95 #
2021/0210(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. If the additional energy required due to the ship’s ice class is to be excluded from the calculation of the energy used on-board, the monitoring plan shall also include: (a) information on the ice class of the ship; (b) a description of the procedure for monitoring the distance travelled for the whole voyage; and (c) 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.
Amendment 96 #
2021/0210(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Companies shall check regularly, and at least annually, whether a ship’s monitoring plan reflects the nature and functioning of the ship and whether any of the data it contains can be improved, corrected or updated.
Amendment 97 #
2021/0210(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Companies shall modify the monitoring plan without undue delay in any of the following situations:
Amendment 98 #
2021/0210(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e a (new)
Article 8 – paragraph 2 – point e a (new)
(e a) where methods to prevent data gaps and identify data errors havebeen found to be inadequate to ensure data solidity and transparency.
Amendment 99 #
2021/0210(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Companies shall provide accurate, complete and reliable data on the GHG emission intensity and the sustainability characteristics of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel, verified by a scheme that is recognised by the Commission in accordance with Article 30(5) and (6) of the Directive (EU) 2018/2001.
Amendment 100 #
2021/0210(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Companies shall be entitled to divertge 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 in accordance with existing certification and verification schemes laid down in the Directive (EU) 2018/2001 and Directive(EU) XXXX/XXXX (Gas Directive). The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing the rules on conducting the laboratory testing and direct emissions measurements.
Amendment 101 #
2021/0210(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a Certification of other fuels 1. Companies shall be entitled to diverge from the established default values for the well-to-tank emission factors of all other fuels provided that actual values are established by means of certification or direct emissions measurements. 2. Companies shall be entitled to diverge from the established default values for the tank-to-wake emission factors of all other fuels provided that actual values are certified by means of direct emissions measurements. 3. The Commission is empowered to adopt delegated acts in accordance with Article 26, to supplement this Regulation by laying down rules on certifying real well- to-tank emissions and rules on conducting the direct emissions measurements.
Amendment 102 #
2021/0210(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The verifier shall assess the conformity of the monitoring plan with the requirements laid down in Articles 6 to 9. Where the verifier’s assessment identifies non-conformities with those requirements, the company concerned shall without undue delay revise its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. The company concerned shall agree with the verifier on the timeframe necessary to introduce those revisions. That timeframe shall in any event not extend beyond the beginning of the reporting period.
Amendment 103 #
2021/0210(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where the verification assessment identifies incorrect statements or non- conformities with this Regulation, the verifier shall inform the company concerned thereof in a timely manner. That company shall then without undue delay amend the incorrect statements or non- conformities so as to enable the verification process to be completed in time.
Amendment 104 #
2021/0210(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) the use of on-shore power supply or the presence of exceptions listed in Article 5(3), certified in accordance with Article 5(5).
Amendment 105 #
2021/0210(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
(d) the relevant records of the ship are complete, transparent and consistent.
Amendment 106 #
2021/0210(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The verifier shall identify potential risks related to the monitoring and reporting process by comparing reported amount, type and emission factor of the energy used on-board by ships with estimated data based on ship tracking data and characteristics such as the installed engine power. Where significant deviations are found, ivergences are found that would undermine the achievement of the targets of this Regulation,the verifier shall carry out further analyses.
Amendment 107 #
2021/0210(COD)
Proposal for a regulation
Recital 1
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
Amendment 107 #
2021/0210(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Verifiers shall be accredited for activities under the scope of this Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008. The national accreditation body shall regularly notify to the Commission the list of accredited verifiers, together with all relevant contact information.
Amendment 108 #
2021/0210(COD)
Proposal for a regulation
Article 13 – paragraph 1a (new)
Article 13 – paragraph 1a (new)
1a. National accreditation bodies shall make sure that the verifier: (a) is knowledgeable in shipping; (b) is equipped at all times with significant technical and support staff commensurate with the amount of vessels he verifies; (c) is capable of assigning to every place of work, when and as needed, means and staff commensurate with the tasks to be carried out in accordance with the various tasks listed in Chapter V of the present regulation;
Amendment 109 #
2021/0210(COD)
Proposal for a regulation
Article 13 – paragraph 1b (new)
Article 13 – paragraph 1b (new)
1b. In order to exclude potential conflicts of interest, the verifier shall not be substantially dependent on a single company for its revenue,.
Amendment 110 #
2021/0210(COD)
(1a) 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 economy1a. _________________ 1a European Community Shipowners’ Association report “The Economic Value of the EU Shipping Industry”, 2020.
Amendment 110 #
2021/0210(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers and other rules to ensure the verifiers’ independence and impartiality. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.
Amendment 111 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the amount of each type of fuel consumed at berth and at sea, including the amount of electricity taken at berth for navigational purposes;
Amendment 112 #
2021/0210(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) 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, Methodology for GHG Efficiency of Transport Modes, Final Report, Fraunhofer-Institute for Systems and Innovation Research Karlsruhe, 2020: https://www.eea.europa.eu/publications/ra il-and-waterborne-transport
Amendment 112 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) the well-to-wake emission factors for each type of fuel, including electricity taken from an onshore power supply, consumed at berth and at sea, broken down by well-to-tank, tank- to-wake and fugitive emissions, covering all relevant greenhouse gases;
Amendment 113 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) the amount of each type of substitute source of energy consumed at berth and at sea, including fuels, electricity, wind and solar energy.
Amendment 114 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Amendment 115 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Companies shall record the information and data listed in paragraph 1 oin annual basis in a timely and transparent manner, that and compile them on annual basis to enables the verification of compliance with this Regulation by the verifier.
Amendment 116 #
2021/0210(COD)
Proposal for a regulation
Recital 2
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
Amendment 116 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c a (new)
Article 15 – paragraph 2 – point c a (new)
(c a) compile that information, provided pursuant to Article 14(3), and submit it to the Member State’s competent authority.
Amendment 117 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
Amendment 118 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
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) and shall notify it to the company.
Amendment 119 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 4a (new)
Article 15 – paragraph 4a (new)
4a. The administering authority in respect of a shipping company shall be: (a) in the case of a shipping company registered in a Member State, the Member State in which the shipping company is registered; (b) in the case of a shipping company that is not registered in a Member State, the Member State with the greatest estimated number of port calls from voyages performed by that shipping company in the last two monitoring years falling within the scope set out in Article 2; (c) in the case of a shipping company that is not registered in a Member State and that has not carried out any voyage falling within the scope set out in Article2 in the preceding two monitoring years, the administering authority shall be the Member State from where the shipping company has started its first voyage falling within the scope set out in Article 2.
Amendment 120 #
2021/0210(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall develop, ensure the functioning of, and update an electronic compliance database integrated with the THETIS-MRV system established under Regulation (EU) 2015/757, 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, the use of the exemptions set out in Article 5(3) and the use of the flexibility mechanisms set out in Articles 17 and 18. and penalties incurred under Article 20.It shall be accessible to the companies, the verifiers, the competent authorities and the Commission.
Amendment 121 #
2021/0210(COD)
Proposal for a regulation
Recital 3
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.
Amendment 121 #
2021/0210(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. By 30 April of each year, the company shall record in the compliance database for each of its ships the information referred to in Article 15(2), as ascertained by the verifierand calculated by the verifier, the use of the flexibility mechanisms set out in Articles 17 and 18, the yearly exceptions applied under Article 5(3)issued, if any, together with information allowing to identify the ship, the company, as well as the identity of the verifier that carried out the assessment.
Amendment 122 #
2021/0210(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where the ship has a compliance surplus for the reporting periodBased on the information referred to in Article 15(2), where the ship has for the reporting period a compliance surplus on its greenhouse gas intensity or RNFBO quota as referred to in Articles 4(2) and 4a(3) respectively, the company may bank it to the same ship’s compliance balance for the following reporting period. The company shall record the banking of the compliance surplus to the following reporting period in the compliance database subject to approval by its verifier. The company may no longer bank the compliance surplus once the FuelEU certificate of compliance has been issued. The unused compliance surplus for the following reporting period shall have a validity of three years.
Amendment 123 #
2021/0210(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) 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.
Amendment 123 #
2021/0210(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The compliance balances for greenhouse gas intensity and RNFBO quota as referred to in Articles4(2) and 4a(3) respectively, of two or more ships, which are verified by the same verifier, may be pooled for the purposes of fulfilling the requirements of Article 4 and 4a. A ship’s compliance balance may not be included in more than one pool in the same reporting period.
Amendment 124 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where on 1 May of the year following the reporting period the ship has a compliance deficit, the company shall pay a remedial penalty. The verifier shallMember State’s competent authority shall, based on the information provided by the verifier, calculate the amount of the penalty on the basis of the formulas specified in Annex V, for the greenhouse gas intensity limits and, where applicable, the RFNBO quota, as referred to in Articles 4(2) and 4a(3)respectively.
Amendment 125 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 2
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 at 2022 prices by megawatts of power installed on- board and by the number of completed hours spent at berth. For the purpose of this calculation, the amount of time needed to connect to OPS shall be deemed to be two hours, and that amount of time shall be subtracted by default from the calculation of the number of completed hours spent at berth to account for the time needed to connect to OPS.
Amendment 126 #
2021/0210(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Givent hat 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.
Amendment 126 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. The administering State in respect of a company shall ensure that, for any of its ships having compliance deficits on 1 June of the reporting year, after a possible validation by their competent authority, the company shall pay by 30 June of the reporting year an amount equal to the penalty resulting from the application of the formulas specified in Annex V Part B.
Amendment 127 #
2021/0210(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) 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.
Amendment 127 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 3 b (new)
Article 20 – paragraph 3 b (new)
3 b. Where the company concludes a contract with a commercial operator specifying that this operator is responsible for the purchase of the fuel and the operation of the ship, the company and that commercial operator shall, by means of a contractual arrangement, determine that the latter shall be liable for the payment of the costs arising from the penalties referred to in this Article. For the purposes of this paragraph, being responsible for the operation of the ship shall mean determining the cargo carried, the itinerary, the routeing and/or the speed of the ship.
Amendment 128 #
2021/0210(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) 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).
Amendment 128 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 3 c (new)
Article 20 – paragraph 3 c (new)
Amendment 129 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 4
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 energyas soon as developments in the cost of energy undermine the dissuasive effect of the existing penalties. Regarding the formula referred to in paragraph1 of this Article, the resulting penalty must be larger than the amount and cost of the renewable and low-carbon fuel that the ships would have used if they had met the requirements of this Regulation.
Amendment 130 #
2021/0210(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, or adapt the superstructure, if required, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions.
Amendment 131 #
2021/0210(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the the InnovatioOcean Fund referred to in Article 10a(8) 3gabof Directive 2003/87/EC. These revenues shall be earmarked for the maritime sector and contribute to its decarbonisation. 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 InnovatioOcean Fund.
Amendment 132 #
2021/0210(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) 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 (Regulation (EU) 2015/757).
Amendment 132 #
2021/0210(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The companies shall be entitled to apply for a review of the calculations and measures addressed to them by the Member State’s competent authority or the verifier under this Regulation, including the refusal to issue a FuelEU certificate of compliance pursuant to Article 19(1).
Amendment 133 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(4), 4a(6), 5(4), 9(3), 9a(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].
Amendment 134 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The delegation of power referred to in Articles 4(74), 4a(6), 5(4), 9(3), 9a(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.
Amendment 135 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. A delegated act adopted pursuant to Articles 4(74), ), 4a(6), 5(4), 9(3), 9a(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.
Amendment 136 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph -1 (new)
Article 28 – paragraph -1 (new)
-1. By 1 January 2024, the Commission shall produce a report on the social impact of this Regulation. That report shall include a projection of the impact of this Regulation on employment and training needs up to 2030 and up to 2050.
Amendment 137 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. TBy 1 January 2027, and every five years thereafter, the Commission shall report to the European Parliament and the Council, by 1 January 2030, 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. That report shall pay particular attention to the contribution of this Regulation to achieving the Union’s overall and sector- specific climate targets, as defined under the European Climate Law, to the Union’s Renewable energy and Energy efficiency targets. The report shall also evaluate the impact of this Regulation on the functioning of the single market, the maritime sector’s competitiveness, transport freight rates and the magnitude of carbon and business leakage. The Commision shall at the same time also evaluate the impact of this Regulation on global GHG emissions reduction in the transport sector as well as on the development of global and regional trade flows. The Commission shall consider possible amendments to:
Amendment 138 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point aa (new)
Article 28 – paragraph 1 – point aa (new)
(aa) the scope of this Regulation in terms of: - decreasing the gross tonnage threshold referred to in Article 2(1), to 400 GT; - expanding the share of energy used by ships in voyage to and from third countries referred to in Article 2 point (c);
Amendment 139 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point ab (new)
Article 28 – paragraph 1 – point ab (new)
(ab) - the default values provided in Annex II, based on the most accurate available scientific knowledge and evidence;
Amendment 140 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point ac (new)
Article 28 – paragraph 1 – point ac (new)
(ac) the list of pollutants covered by this Regulation, in particular the possibility to include black carbon (BC) emissions;
Amendment 141 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) an extension of the ship types to which Article 5(1) applies;
Amendment 142 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point ca (new)
Article 28 – paragraph 1 – point ca (new)
(ca) the methodology specified in Annex I.
Amendment 143 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1a (new)
Article 28 – paragraph 1a (new)
1a. To ensure a goal-based and technology-neutral approach, this Regulation should be reviewed, and when needed, amended, as new greenhouse gas abatement technologies, such as on-board carbon capture, new renewable and low- carbon fuels and new propulsion methods, such as wind propulsion, become technically and economically mature. The Commission shall continuously evaluate the maturity of different greenhouse gas abatement technologies and present a first review in this regard to the European Parliament and the Council by 1 January 2027.
Amendment 144 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1b (new)
Article 28 – paragraph 1b (new)
1b. The Commission shall continuously monitor the quantity of alternative fuels made available to shipping companies in the Union and shall report their findings to the European Parliament and the Council, by 1 January 2027, and every five years thereafter until 2050. If the supply of those fuels fails to meet the demand from shipping companies, required to fulfil the obligations set out in this Regulation, the Commission should propose measures to ensure that maritime fuel suppliers in the Union make available adequate volumes of alternative fuels to shipping companies calling at Union ports.
Amendment 145 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1c (new)
Article 28 – paragraph 1c (new)
1c. The Commission shall propose amendments to this Regulation in the event that the International Maritime Organization adopts global greenhouse gas intensity limits on an equivalent level to this Regulation, in order to ensure a full alignment with the international agreement.
Amendment 146 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1d (new)
Article 28 – paragraph 1d (new)
1d. By 1January 2027, and every fifth year until 2050, the Commission shall report to the European Parliament and the Council the results of a comprehensive evaluation of the aggregated macroeconomic impact of the Fit for 55 legislative package.1aThat report shall pay particular attention to the effects on the Union’s competitiveness, job creation, transport freight rates, household purchasing power and the magnitude of carbon leakage.[1] __________________ 1a Communication from the Commission (COM/2021/550), 14July 2021
Amendment 147 #
2021/0210(COD)
Proposal for a regulation
Recital 11
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.
Amendment 147 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1e (new)
Article 28 – paragraph 1e (new)
1e. The Commission shall consider possible amendments to this Regulation with the aim of achieving 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, thereby keeping the administrative burden on ship owners,operators, ports and verifiers to a minimum.
Amendment 148 #
2021/0210(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 148 #
2021/0210(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Article 28 a Compensatory regulatory reduction In line with its communication on the “one in, one out” principle, the Commission shall, by 1 January 2024, present proposals offsetting the regulatory burden introduced by this Regulation, through the amendment or repeal of provisions in other Union legislative acts that generate regulatory burdens in the maritime sector.
Amendment 149 #
2021/0210(COD)
Proposal for a regulation
Annex I – equation 1
Annex I – equation 1
GHG intensity WtT WtT TtW index GHG intensity ∑ni fuelMi × CO2eq WtT,i × LCVi + ∑ckEk × CO2eqelectricity,k ∑ni fuel∑m j engine ( Mi,j × [ 1 ― 1 C ) 100 engine slip j × (CO2eq,TtW,j) + ( 1 C 100 engine slip j ) × CO2eq TtW, slippage,j ] index [ gCO2eq MJ ] ∑ni fuelMi × LCVi × [𝑴𝑼𝑳𝑻𝒊] + ∑ckEk + ∑ni fuelMi × LCV𝐢[𝑴𝑼𝑳𝑻𝒊] + ∑lkEk =
Amendment 150 #
2021/0210(COD)
Proposal for a regulation
Annex I – table 1 – row 6 a (new)
Annex I – table 1 – row 6 a (new)
N fuel Number of fuels delivered to the ship in the reference period
Amendment 151 #
2021/0210(COD)
Proposal for a regulation
Annex I – table 1 – row 12 a (new)
Annex I – table 1 – row 12 a (new)
MULTi Multiplier applied to RFNBO fuel i
Amendment 152 #
2021/0210(COD)
Proposal for a regulation
Annex I – table 1 – row 19 a (new)
Annex I – table 1 – row 19 a (new)
Mi,j A Adjusted mass of the specific fuel i oxidized in consumer j [gFuel] due to sailing in ice conditions in the case of a ship in ice class IC, IB, IA or IA Super or in an equivalent ice class 1 and due to technical properties of a ship in ice class IA or IA Super or in an equivalent ice class. The adjusted mass Mi,j A is used in Equation (1) instead of the mass Mi,j when appropriate.
Amendment 153 #
2021/0210(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 153 #
2021/0210(COD)
Proposal for a regulation
Annex I – paragraph 4 – introductory part
Annex I – paragraph 4 – introductory part
In the case of fossil fuels, the default values in Annex II shall be used unless actual values can be provided by means of certification or direct emissions measurements.
Amendment 154 #
2021/0210(COD)
For the purpose of this regulation the termin the numerator of Equation (1) shall be set to zero. The term MULT in the denominator of Equation (1) shall be set to the value of the RNFBO multiplier asreferred to in Article 4a (2) in accordance with Article 9 (1 b). For all otherfuels, the multiplier shall be set to one.
Amendment 155 #
2021/0210(COD)
Proposal for a regulation
Annex I – paragraph 5
Annex I – paragraph 5
The [Mi] massmass [Mi] of fuel shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company. The adjusted mass of fuel [MiA] may be used instead of the mass of fuel [Mi] for a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class. The adjusted mass [Mi A] is defined in Annex X.
Amendment 156 #
2021/0210(COD)
Proposal for a regulation
Annex I – paragraph 12
Annex I – paragraph 12
In accordance with its compliance plan referred to in Article 6 and upon assessment by the verifier, other methods, such as direct CO2eq measurement, laboratory testing, may be used if it enhances the overall accuracy of the calculation.
Amendment 157 #
2021/0210(COD)
Proposal for a regulation
Annex I – table
Annex I – table
Amendment 158 #
2021/0210(COD)
Proposal for a regulation
Annex II – paragraph 2
Annex II – paragraph 2
The emissions factors of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuels shall be determined according to the methodologies set out in Annex 5 part C of Directive (EU) 2018/2001. The emission factors for any kind of fuel can alternatively be determined based on actual certified values or values established by means of direct emissions measurements.
Amendment 159 #
2021/0210(COD)
Proposal for a regulation
Recital 14
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 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.
Amendment 159 #
2021/0210(COD)
Proposal for a regulation
Annex II – table
Annex II – table
LNG Otto (dual fuel 3,1 medium Bio-LNG speed) Main Ref. to 2,755 LNG Otto products / Directive MEPC245 (66), 0,05 (dual fuel 0,00005 0 0,000181 1,7 wastes / (EU) Regulation (EU) slow speed) Feedstock 2018/2001 2015/757 mix LNG Diesel 0.2 (dual fuels) LBSI N/A
Amendment 160 #
2021/0210(COD)
Proposal for a regulation
Annex II – paragraph 8
Annex II – paragraph 8
Column 4 contains the CO2eq emissions values in [gCO2eq/MJ]. For fossils fuels only the default values in the table shall be used unless actual values can be provided by means of certification or direct emissions measurements. For all other fuels, (except were expressly indicated), values shall be calculated by using the methodology or the default values as per in Directive (EU) 2018/2001 deducted of the combustion emissions considering full oxidation of the fuel33 . __________________ 33 Reference is made to Directive (EU) 2018/2001, Annex V.C.1.(a) to the term eu ‘emissions from the fuel in use’
Amendment 161 #
2021/0210(COD)
Proposal for a regulation
Annex III – table – row 4 a (new)
Annex III – table – row 4 a (new)
Any other zero-emission power source Any technology that achieves emissions reductions equivalent to or more significant than would be achieved by using on-shore power supply.
Amendment 162 #
2021/0210(COD)
Proposal for a regulation
Annex V – title
Annex V – title
FORMULAS FOR CALCULATING THE COMPLIANCE BALANCE AND REMEDIAL PENALTY laid down in Article 20(1)
Amendment 163 #
2021/0210(COD)
Proposal for a regulation
Annex V – subheading 1–point a (new)
Annex V – subheading 1–point a (new)
a) Compliance Balance with respect to greenhouse gas intensity of the ship, in respect to Article 4.2
Amendment 164 #
2021/0210(COD)
Proposal for a regulation
Annex V – subheading 1 – point b (new)
Annex V – subheading 1 – point b (new)
b)Compliance Balance with respect to RFNBO quota, in respect to Article 4a (3) CB_RFNBO [% RFNBO] = (% RFNBOquota - % RFNBOactual) Where CB_RFNBO Compliance Balance with respect to RFNBO quota, in respect to Article 4a(3) % RFNBOquota RNFBO quota of the yearly average energy used on-board a ship according to Article 4a(3) of this Regulation % RFNBOactual Percentage of the yearly average energy used on-board reported by a ship that is actually met with RFNBOs compliant with Article 9(1)(b)
Amendment 165 #
2021/0210(COD)
Proposal for a regulation
Annex V – subheading 2 – point a (new)
Annex V – subheading 2 – point a (new)
ANNEX Va CALCULATION OF ADJUSTED MASS OF FUEL AND OF ADDITIONAL ENERGY First, this Annex describes how to calculate the adjusted mass of fuel using the additional energy due to technical characteristics of a ship in ice class IA or IA Super or in an equivalent ice class 2 and the additional energy used by a ship in ice class IC, IB, IA or IA Super or in an equivalent ice class due to sailing in ice conditions. Second, it describes how to calculate the additional energies. Adjusted mass [Mj A] The [Mi A] adjusted mass of fuel shall be calculated on the basis of the additional energy used for sailing in ice conditions and the additional energy used due to technical properties of a ship in ice class IA or IA Super or in an equivalent ice class. The company may choose to which fuel i the additional energy is allocated. The selected fuel i must be one of the fuels that the ship has consumed during the reporting period. The amount of the energy corresponding to the consumed mass of the fuel i may be lower than the amount of the additional energy. The [Mi A] adjusted mass of fuel i shall be calculated as follows 𝑴𝒊 𝑨 = 𝑴𝒊 𝒕𝒐𝒕𝒂𝒍 ― 𝑴𝒊 𝒂𝒅𝒅𝒊𝒕𝒊𝒐𝒏𝒂𝒍 𝒅𝒖𝒆 𝒕𝒐 𝒊𝒄𝒆 𝒄𝒍𝒂𝒔𝒔 ― 𝑴𝒊 𝒂𝒅𝒅𝒊𝒕𝒊𝒐𝒏𝒂𝒍 𝒅𝒖𝒆 𝒕𝒐 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔 , (Ax.1) where Mi total denotes the total mass of fuel i, Mi additional due to ice class the mass of fuel due to additional energy consumption of a ship in ice class IA or IA Super or in an equivalent ice class and Mi additional due to ice conditions the mass of fuel due to additional energy consumption due to sailing in ice conditions. 2 For further information on correspondence between ice classes, see HELCOM Recommendation 25/7 at http://www.helcom.fi. The mass of fuel i representing the additional energy consumption due to technical characteristics of a ship in ice class IA or IA Super or in an equivalent ice class is calculated with 𝑬𝒂𝒅𝒅𝒊𝒕𝒊𝒐𝒏𝒂𝒍 𝒅𝒖𝒆 𝒕𝒐 𝒊𝒄𝒆 𝒄𝒍𝒂𝒔𝒔 𝑴𝒊 𝒂𝒅𝒅𝒊𝒕𝒊𝒐𝒏𝒂𝒍 𝒅𝒖𝒆 𝒕𝒐 𝒊𝒄𝒆 𝒄𝒍𝒂𝒔𝒔 = 𝑳𝑪𝑽𝒊 , (Ax.2) where Eadditional due to ice class is the additional energy consumption due to the technical characteristics of a ship in ice class IA or IA Super or in an equivalent ice class and LCVi is the lower caloric value of the fuel i. Similarly, the mass of fuel due to additional energy consumption due to sailing in ice conditions is calculated using 𝑬𝒂𝒅𝒅𝒊𝒕𝒊𝒐𝒏𝒂𝒍 𝒅𝒖𝒆 𝒕𝒐 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔 𝑴𝒊 𝒂𝒅𝒅𝒊𝒕𝒊𝒐𝒏𝒂𝒍 𝒅𝒖𝒆 𝒕𝒐 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔 = 𝑳𝑪𝑽𝒊 , (Ax.3) where Eadditional due to ice conditions is the additional energy consumption due to sailing in ice conditions. Additional energy due to ice class and due to sailing in ice conditions The additional energy consumption due to the technical characteristics of a ship in ice class IA or IA Super or in an equivalent ice class shall be calculated as follows 𝑬𝒂𝒅𝒅𝒊𝒕𝒊𝒐𝒏𝒂𝒍 𝒅𝒖𝒆 𝒕𝒐 𝒊𝒄𝒆 𝒄𝒍𝒂𝒔𝒔 = 𝟎.𝟎𝟓 × (𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒕𝒐𝒕𝒂𝒍 ― 𝑬𝒂𝒅𝒅𝒊𝒕𝒊𝒐𝒏𝒂𝒍 𝒅𝒖𝒆 𝒕𝒐 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔), (Ax.4) where Evoyages, total denotes the total energy consumed for all voyages and Eadditional due to ice conditions additional energy consumption due to sailing in ice conditions. The total energy consumed for all voyages shall be calculated using 𝒏 𝒇𝒖𝒆𝒍 𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒕𝒐𝒕𝒂𝒍 = ∑𝒊 = 𝟏 𝑴𝒊, 𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒕𝒐𝒕𝒂𝒍 × 𝑳𝑪𝑽𝒊 + 𝑬𝒆𝒍𝒆𝒄𝒕. , 𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒕𝒐𝒕𝒂𝒍, (Ax.5) where Mi, voyages, total denotes the mass of fuel i consumed for all voyages within the scope of this Regulation, LCVi the lower caloric value of fuel i and E elect., voyages, total the amount of the electricity delivered to the ship consumed for all voyages. The mass of fuel i Mi, voyages, total consumed for all voyages within the scope of this Regulation is calculated with 𝑴𝒊, 𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒕𝒐𝒕𝒂𝒍 = 𝑴𝒊, 𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒃𝒆𝒕𝒘𝒆𝒆𝒏 𝑴𝑺 +𝟎.𝟓 ∙ (𝑴𝒊, 𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒇𝒓𝒐𝒎 𝑴𝑺 + 𝑴𝒊, 𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒕𝒐 𝑴𝑺), (Ax.6) where Mi, voyages between MS denotes the aggregated mass of fuel consumed during all voyages between ports under a Member State's jurisdiction, Mi, voyages from MS the aggregated mass of fuel consumed during all voyages which departed from ports under a Member State's jurisdiction and Mi, voyages to MS the aggregated mass of fuel consumed during voyages to ports under a Member State's jurisdiction. The consumed amount of the electricity delivered to the ship E elect., voyages total can be calculated in the same way. The additional energy consumption due to sailing in ice conditions e calculated as follows 𝑬𝒂𝒅𝒅𝒊𝒕𝒊𝒐𝒏𝒂𝒍 𝒅𝒖𝒆 𝒕𝒐 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔 = 𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒕𝒐𝒕𝒂𝒍 ― 𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒐𝒑𝒆𝒏 𝒘𝒂𝒕𝒆𝒓 ― 𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔, 𝒂𝒅𝒋𝒖𝒔𝒕𝒆𝒅, (Ax.7) where E voyages, open water denotes the energy consumed on voyages in open water and Evoyages, ice conditions, adjusted the adjusted energy consumed in ice conditions. The energy consumed for voyages that include sailing in open water only e calculated as follows 𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒐𝒑𝒆𝒏 𝒘𝒂𝒕𝒆𝒓 = 𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒕𝒐𝒕𝒂𝒍 ― 𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔 (Ax.8) where Evoyages, ice conditions denotes energy consumed for sailing in ice conditions, which is calculated as follows 𝒏 𝒇𝒖𝒆𝒍 𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔 = ∑𝒊 = 𝟏 𝑴𝒊, 𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔 × 𝑳𝑪𝑽𝒊 + 𝑬 𝒆𝒍𝒆𝒄𝒕., 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔 (Ax.9) where Mi, voyages, ice conditions denotes the mass of fuel i consumed for sailing in ice conditions and E elect., voyages, total denotes the amount of the electricity delivered to the ship consumed when sailing in ice conditions. The mass of fuel i consumed for sailing in ice conditions is defined as follows 𝑴𝒊, 𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅. = 𝑴𝒊, 𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒃𝒆𝒕𝒘𝒆𝒆𝒏 𝑴𝑺, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅. +𝟎.𝟓 ∙ (𝑴𝒊, 𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒇𝒓𝒐𝒎 𝑴𝑺, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅. + 𝑴𝒊, 𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒕𝒐 𝑴𝑺, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅.), (Ax.10) where Mi, voyages between MS, ice cond. denotes the aggregated mass of fuel consumed by an ice class ship when sailing in ice conditions between ports under a Member State's jurisdiction, Mi, voyages from MS the aggregated mass of fuel consumed by an ice class ship when sailing in ice conditions during all voyages which departed from ports under a Member State's jurisdiction and Mi, voyages to MS the aggregated mass of fuel consumed by an ice class ship when sailing in ice conditions during voyages to ports under a Member State's jurisdiction. The consumed amount of the electricity delivered to the ship E ice conditions can be calculated in the same way. The adjusted energy consumed in ice conditions shall be calculated using 𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔, 𝒂𝒅𝒋𝒖𝒔𝒕𝒆𝒅 = 𝑫𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔 × 𝑫 (𝑬)𝒐𝒑𝒆𝒏 𝒘𝒂𝒕𝒆𝒓 (Ax.11) with the distance travelled when sailing in ice conditions Dice conditions and energy consumption per distance travelled in open water 𝑫 𝑬 ( )𝒐𝒑𝒆𝒏 𝒘𝒂𝒕𝒆𝒓 . The distance travelled when sailing in ice conditions Dice conditions shall be calculated as follows 𝑫 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅. = 𝑫𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒃𝒆𝒕𝒘𝒆𝒆𝒏 𝑴𝑺, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅. +𝟎.𝟓 ∙ (𝑫 𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒇𝒓𝒐𝒎 𝑴𝑺, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅. + 𝑫 𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒕𝒐 𝑴𝑺, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅.), (Ax.12) where D voyages between MS, ice cond. denotes the aggregated distance travelled when sailing in ice conditions between ports under a Member State's jurisdiction, D voyages from MS the aggregated distance when sailing in ice conditions during all voyages which departed from ports under a Member State's jurisdiction and D voyages to MS the aggregated distance when sailing in ice conditions during voyages to ports under a Member State's jurisdiction. The latter is defined as follows: 𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒕𝒐𝒕𝒂𝒍 ― 𝑬𝒗𝒐𝒚𝒂𝒈𝒆𝒔, 𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔 (𝑫𝑬)𝒐𝒑𝒆𝒏 𝒘𝒂𝒕𝒆𝒓 = 𝑫𝒕𝒐𝒕𝒂𝒍 ― 𝑫𝒊𝒄𝒆 𝒄𝒐𝒏𝒅𝒊𝒕𝒊𝒐𝒏𝒔 , (Ax.13) where E voyages, ice conditions denotes the energy consumption when sailing in ice conditions and D total the total annual distance travelled. The total annual distance travelled shall be calculated as follows 𝑫 𝒕𝒐𝒕𝒂𝒍 = 𝑫 𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒃𝒆𝒕𝒘𝒆𝒆𝒏 𝑴𝑺 +𝟎.𝟓 ∙ (𝑫 𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒇𝒓𝒐𝒎 𝑴𝑺 + 𝑫𝒊, 𝒗𝒐𝒚𝒂𝒈𝒆𝒔 𝒕𝒐 𝑴𝑺), (Ax.14) where D voyages between MS denotes the aggregated distance travelled between ports under a Member State's jurisdiction, D voyages from MS the aggregated distance travelled during all voyages which departed from ports under a Member State's jurisdiction and D voyages to MS the aggregated distance travelled during voyages to ports under a Member State's jurisdiction.
Amendment 166 #
2021/0210(COD)
Proposal for a regulation
Recital 17
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.
Amendment 174 #
2021/0210(COD)
Proposal for a regulation
Recital 1
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
Amendment 175 #
2021/0210(COD)
Proposal for a regulation
Recital 1 a (new)
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.
Amendment 175 #
2021/0210(COD)
Proposal for a regulation
Recital 21
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.
Amendment 176 #
2021/0210(COD)
Proposal for a regulation
Recital 1 b (new)
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
Amendment 178 #
2021/0210(COD)
Proposal for a regulation
Recital 2
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
Amendment 178 #
2021/0210(COD)
Proposal for a regulation
Recital 23
Recital 23
(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 by 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.
Amendment 181 #
2021/0210(COD)
Proposal for a regulation
Recital 24
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.
Amendment 182 #
2021/0210(COD)
Proposal for a regulation
Recital 3
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.
Amendment 183 #
2021/0210(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) 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.
Amendment 184 #
2021/0210(COD)
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24b) 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.
Amendment 185 #
2021/0210(COD)
Proposal for a regulation
Recital 3 a (new)
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.
Amendment 185 #
2021/0210(COD)
Proposal for a regulation
Recital 24 c (new)
Recital 24 c (new)
(24c) 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.
Amendment 187 #
2021/0210(COD)
Proposal for a regulation
Recital 4 a (new)
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.
Amendment 188 #
2021/0210(COD)
Proposal for a regulation
Recital 4 b (new)
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.
Amendment 189 #
2021/0210(COD)
Proposal for a regulation
Recital 4 c (new)
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).
Amendment 192 #
2021/0210(COD)
Proposal for a regulation
Recital 5 a (new)
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).
Amendment 198 #
2021/0210(COD)
Proposal for a regulation
Recital 9
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.
Amendment 202 #
2021/0210(COD)
Proposal for a regulation
Recital 37
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.
Amendment 204 #
2021/0210(COD)
(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.
Amendment 206 #
2021/0210(COD)
Proposal for a regulation
Recital 40
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.
Amendment 207 #
2021/0210(COD)
Proposal for a regulation
Recital 11
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.
Amendment 207 #
2021/0210(COD)
Proposal for a regulation
Recital 42
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.
Amendment 208 #
2021/0210(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 210 #
2021/0210(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 214 #
2021/0210(COD)
Proposal for a regulation
Recital 14
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.
Amendment 221 #
2021/0210(COD)
Proposal for a regulation
Recital 15
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.
Amendment 224 #
2021/0210(COD)
Proposal for a regulation
Recital 17
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.
Amendment 229 #
2021/0210(COD)
Proposal for a regulation
Recital 19
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.
Amendment 233 #
2021/0210(COD)
Proposal for a regulation
Recital 21
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.
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.
Amendment 240 #
2021/0210(COD)
Proposal for a regulation
Recital 24
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.
Amendment 242 #
2021/0210(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
Amendment 243 #
2021/0210(COD)
Proposal for a regulation
Recital 24 b (new)
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.
Amendment 244 #
2021/0210(COD)
Proposal for a regulation
Recital 24 c (new)
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.
Amendment 245 #
2021/0210(COD)
Proposal for a regulation
Recital 24 d (new)
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.
Amendment 249 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘ship at berth’ means a ship at berth as defined in Article 3, point (n) of Regulation (EU) 2015/757;which is securely moored along a quay in a port falling under the jurisdiction of a Member State while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations
Amendment 250 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point n
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;
Amendment 252 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(qa) ‘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.
Amendment 253 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q b (new)
Article 3 – paragraph 1 – point q b (new)
(qb) 'sailing in ice conditions' means sailing of an ice-classed ship in a sea area within the ice edge.
Amendment 254 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q c (new)
Article 3 – paragraph 1 – point q c (new)
(qc) 'ice edge' is defined by paragraph 4.4. of the WMO Sea-Ice Nomenclature, March 2014, as the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting.
Amendment 255 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point r
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;
Amendment 256 #
2021/0210(COD)
Proposal for a regulation
Recital 37
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.
Amendment 257 #
2021/0210(COD)
Proposal for a regulation
Recital 39
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.
Amendment 259 #
2021/0210(COD)
Proposal for a regulation
Recital 40
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.
Amendment 264 #
2021/0210(COD)
Proposal for a regulation
Recital 42
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.
Amendment 286 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
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.]
Amendment 288 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 3
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 can be replaced by actual values certified by means of laboratory testing or direct emissions measurements.
Amendment 289 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
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;
Amendment 290 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 292 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
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
Amendment 294 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point n
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;
Amendment 295 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 1
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.
Amendment 296 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q a (new)
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.
Amendment 299 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q b (new)
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;
Amendment 300 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q c (new)
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;
Amendment 302 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point r
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;
Amendment 306 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
Article 5 – paragraph 3 – point a a (new)
(aa) 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.
Amendment 307 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point c
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;
Amendment 311 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. 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.
Amendment 312 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 314 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 5
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.
Amendment 318 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 6
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).
Amendment 321 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
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.]
Amendment 324 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 3
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.
Amendment 327 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 329 #
2021/0210(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point l a (new)
Article 7 – paragraph 3 – point l a (new)
(la) 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;
Amendment 332 #
2021/0210(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point l b (new)
Article 7 – paragraph 3 – point l b (new)
(lb) 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.
Amendment 335 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 1
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.
Amendment 340 #
2021/0210(COD)
Proposal for a regulation
Article 8 a (new)
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.
Amendment 344 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
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.
Amendment 345 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point c
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;
Amendment 350 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
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.
Amendment 351 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 352 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 5
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.
Amendment 353 #
2021/0210(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
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;
Amendment 355 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 6
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).
Amendment 360 #
2021/0210(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point l a (new)
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;
Amendment 362 #
2021/0210(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point l b (new)
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.
Amendment 363 #
2021/0210(COD)
Proposal for a regulation
Article 8 a (new)
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.
Amendment 369 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the amount of each type of fuel consumed at berth, in port and at sea;
Amendment 372 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e a (new)
Article 14 – paragraph 1 – point e a (new)
(ea) 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;
Amendment 373 #
2021/0210(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
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;
Amendment 374 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e b (new)
Article 14 – paragraph 1 – point e b (new)
(eb) 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;
Amendment 379 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the amount of each type of fuel consumed at berth, in port and at sea;
Amendment 380 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
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;
Amendment 382 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e b (new)
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;
Amendment 383 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d a (new)
Article 15 – paragraph 2 – point d a (new)
(da) compile the aforementioned information and submit it to the Member State’s competent authority.
Amendment 385 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
Amendment 385 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. 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).
Amendment 386 #
2021/0210(COD)
(d a) compile the aforementioned information and submit it to the Member State’s competent authority.
Amendment 387 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
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).
Amendment 388 #
2021/0210(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 388 #
2021/0210(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall develop, 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.
Amendment 393 #
2021/0210(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
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:
Amendment 396 #
2021/0210(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
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:
Amendment 398 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 2
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.
Amendment 400 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 405 #
2021/0210(COD)
Proposal for a regulation
Article 21 – paragraph 2
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.
Amendment 407 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 2
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.
Amendment 410 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 2
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].
Amendment 411 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 3
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.
Amendment 412 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 6
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.
Amendment 413 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
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:
Amendment 414 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 417 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
Amendment 419 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a a (new)
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).
Amendment 420 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
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.
Amendment 421 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
Amendment 422 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 c (new)
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.
Amendment 424 #
2021/0210(COD)
Proposal for a regulation
Article 28 a (new)
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.
Amendment 424 #
2021/0210(COD)
Proposal for a regulation
Article 21 – paragraph 2
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.
Amendment 433 #
2021/0210(COD)
Proposal for a directive
Annex I – Table 2
Annex I – Table 2
Amendment 433 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 2
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].
Amendment 434 #
2021/0210(COD)
Proposal for a directive
Annex I – Equation 2
Annex I – Equation 2
In the case of fossil fuels, the default values in Annex II shall be usedould be used unless actual values can be provided by means of laboratory testing or direct emissions measurements. For the purpose of this regulation the term 𝒄 ∑𝑘𝐸𝑘 × 𝐶𝑂2𝑒𝑞 𝑒𝑙𝑒𝑐𝑡𝑟𝑖𝑐𝑖𝑡𝑦, 𝑘 in the numerator of Equation (1) shall be set to zero. 3For further information on correspondence between ice classes, see HELCOM Recommendation 25/7 at http://www.helcom.fi.
Amendment 435 #
2021/0210(COD)
Proposal for a directive
Annex I – Method for determining [Mi]
Annex I – Method for determining [Mi]
The [Mi] massmass [Mi] of fuel shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company. The adjusted mass of fuel [Mi A] may be used instead of the mass of fuel [Mi] for a ship having the ice-class IC, IB, IA or IA Super or an equivalent ice class. The adjusted mass [Mi A] is defined in Annex X.
Amendment 435 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 3
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.
Amendment 436 #
2021/0210(COD)
Proposal for a directive
Annex I – Methods for determining the reward factors linked to substitute sources of energy
Annex I – Methods for determining the reward factors linked to substitute sources of energy
Methods for determining the reward factors linked to substitute sources of energy In case substitute sources of energy are installed on board, a reward factor for substitute sources of energy can be applied. This reward factor can be applied on all types of fossil free energy generated on board, including but not limited to, wind energy. In case of wind power such reward factor is determined as follow:
Amendment 437 #
2021/0210(COD)
Proposal for a directive
Annex I – Methods for determining the reward factors linked to substitute sources of energy (new)
Annex I – Methods for determining the reward factors linked to substitute sources of energy (new)
In case of other fossil free sources of power such reward factor is determined as follow: Reward factor for substitute sources 𝑷𝑭𝒐𝒔𝒔𝒊𝒍𝑭𝒓𝒆𝒆 of energy- FOSSIL FREE (fFossilFree) 𝑷𝑻𝒐𝒕 0,99 0,1 0,97 0,2 0,95 ⩾ 0,3
Amendment 437 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 6
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.
Amendment 438 #
2021/0210(COD)
Proposal for a directive
Annex I – Verification and Certification
Annex I – Verification and Certification
Verification and Certification Fuel Class WtT TtW Fossil Default values shall be used MRV Regulation CO2 carbon as provided in Table 1 of this factors shall be used for fuels for Regulation. unless actual which such factor is provided values can be provided by means of laboratory testing For all other emissions factors, or direct emissions default values can be used as measurements. provided in Table 1 of this Regulation, alternatively Certified values by mean of laboratory testing or direct emissions measurements Sustainable CO2eq values as provided in Emissions factors, default values Renewable Fuels RED II (without can be used as provided in Table 1 (Bio Liquids, Bio combustion) can be used for of this Regulation, alternatively Gases, e-Fuels) all fuels whose pathways are included in RED II, Certified values by mean of alternatively laboratory testing or direct RED II approved emissions measurements. certification scheme can be used used Others (including CO2eq values as provided in Emissions factors, default values electricity) RED II (without can be used as provided in Table 1 combustion) can be used for of this Regulation, alternatively all fuels whose pathways are included in RED II, Certified values by mean of alternatively laboratory testing or direct RED II approved emissions measurements. certification scheme can be used used
Amendment 439 #
2021/0210(COD)
Proposal for a directive
Annex I – Methods for determining the reward factors linked to substitute sources of energy
Annex I – Methods for determining the reward factors linked to substitute sources of energy
The emissions factors for fossils fuels contained in this Annex shall be used for the determination of the greenhouse gas intensity index referred to in Annex I of this Regulation. The emissions factors of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuels shall be determined according to the methodologies set out in Annex 5 part C of Directive (EU) 2018/2001. The emission factors for all fuels can alternatively be determined on actual values certified by mean of laboratory testing or direct emissions measurements. In the table: – TBM stands for To Be Measured – N/A stands for Not Available – The dash means not applicable
Amendment 440 #
2021/0210(COD)
Proposal for a directive
ANNEX II – Column 4
ANNEX II – Column 4
Column 4 contains the CO2eq emissions values in [gCO2eq/MJ]. For fossils fuels only the default values in the table shall be used unless actual values can be provided by means of laboratory testing or direct emissions measurements. For all other fuels, (except were expressly indicated), values shall be calculated by using the methodology or the default values as per in Directive (EU) 2018/2001 deducted of the combustion emissions considering full oxidation of the fuel12.
Amendment 441 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
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:
Amendment 442 #
2021/0210(COD)
Proposal for a directive
Annex V a (new)
Annex V a (new)
Amendment 442 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
Amendment 444 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a a (new)
Article 28 – paragraph 1 – point a a (new)
(aa) the scope of this Regulation in terms of - the gross tonnage threshold referred to in Article 2, - the share of energy used by ships in voyage to and from third countries referred to in Article 2 point (c)
Amendment 449 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. 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. _________________ 1a Communication from the Commission (COM/2021/550), 14 July 2021.
Amendment 452 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
Amendment 454 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 c (new)
Article 28 – paragraph 1 c (new)
1c. 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.
Amendment 456 #
2021/0210(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Amendment 459 #
2021/0210(COD)
Proposal for a regulation
Annex I – paragraph 4 – introductory part
Annex I – paragraph 4 – introductory part
In the case of fossil fuels, the default values in Annex II shall be usedould be used unless the operator provides actual values certified by means of laboratory testing or direct emissions measurements.
Amendment 463 #
2021/0210(COD)
Proposal for a regulation
Annex I – paragraph 5
Annex I – paragraph 5
The [Mi] massmass [Mi] of fuel shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company. The adjusted mass of fuel [Mi A] may be used instead of the mass of fuel [Mi] for a ship having the ice-class IC, IB, IA or IA Super or an equivalent ice class. The adjusted mass [Mi A] is defined in Annex X.
Amendment 466 #
2021/0210(COD)
The emission factors for all fuels can alternatively be determined on actual values certified by means of laboratory testing or direct emissions measurements.
Amendment 468 #
2021/0210(COD)
Proposal for a regulation
Annex II – paragraph 8
Annex II – paragraph 8
Column 4 contains the CO2eq emissions values in [gCO2eq/MJ]. For fossils fuels only the default values in the table shall be used unless actual values can be provided by means of laboratory testing or direct emissions measurements. For all other fuels, (except were expressly indicated), values shall be calculated by using the methodology or the default values as per in Directive (EU) 2018/2001 deducted of the combustion emissions considering full oxidation of the fuel33 . _________________ 33 Reference is made to Directive (EU) 2018/2001, Annex V.C.1.(a) to the term eu ‘emissions from the fuel in use’
Amendment 472 #
2021/0210(COD)
Proposal for a regulation
Annex I – Equation 2
Annex I – Equation 2
𝐶𝑂2𝑒𝑞, 𝑇𝑡𝑊, 𝑗 = (𝐶𝑓 𝐶𝑂2, 𝑗 × 𝐺𝑊𝑃𝐶𝑂2 + 𝐶𝑓 𝐶𝐻4, 𝑗 × 𝐺𝑊𝑃𝐶𝐻4 + 𝐶𝑓 𝑁2𝑂, 𝑗 × 𝐺𝑊𝑃𝑁2𝑂) 𝑖 Equation (2) Term Explanation i Index corresponding to the fuels delivered to the ship in the reference period j Index corresponding to the fuel combustion units on board the ship. For the purpose of this Regulation the units considered are the main engine(s), auxiliary engine(s) and fired oil boilers k Index corresponding to the connection points (c) where electricity is supplied per connection point. c Index corresponding to the number of electrical charging points m Index corresponding to the number of energy consumers 𝑀𝑖, 𝑗 Mass of the specific fuel i oxidised in consumer j [gFuel] 𝐸𝑘 Electricity delivered to the ship per connection point k if more than one [MJ] 𝐶𝑂2𝑒𝑞 𝑊𝑡𝑇, 𝑖 WtT GHG emission factor of fuel i [gCO2eq/MJ] 𝐶𝑂2𝑒𝑞 𝑒𝑙𝑒𝑐𝑡𝑟𝑖𝑐𝑖𝑡𝑦, 𝑘 WtT GHG emission factor associated to the electricity delivered to the ship at berth per connection point k [gCO2eq/MJ] 𝐿𝐶𝑉𝑖 Lower Calorific Value of fuel i [MJ/gFuel] 𝐶𝑒𝑛𝑔𝑖𝑛𝑒 𝑠𝑙𝑖𝑝 𝑗 Engine fuel slippage (non-combusted fuel) coefficient as a percentage of the mass of the fuel i used by combustion unit j [%] 𝐶𝑓 𝐶𝑂2, 𝑗, 𝐶𝑓 𝐶𝐻4, 𝑗 , 𝐶𝑓 𝑁2𝑂, 𝑗 TtW GHG emission factors by combusted fuel in combustion unit j [gGHG/gFuel] 𝐶𝑂2𝑒𝑞, 𝑇𝑡𝑊, 𝑗 TtW CO2 equivalent emissions of combusted fuel i in combustion unit j [gCO2eq/gFuel] 𝐶𝑂2𝑒𝑞, 𝑇𝑡𝑊, 𝑗 = (𝐶𝑐𝑓 𝐶𝑂2, 𝑗 × 𝐺𝑊𝑃𝐶𝑂2 + 𝐶𝑐𝑓 𝐶𝐻4, 𝑗 × 𝐺𝑊𝑃𝐶𝐻4 + 𝐶𝑐𝑓 𝑁2𝑂, 𝑗 × 𝐺𝑊𝑃𝑁2𝑂) 𝑖 𝐶𝑠𝑓 𝐶𝑂2, 𝑗, 𝐶𝑠𝑓 𝐶𝐻4, 𝑗 ,𝐶𝑠𝑓 𝑁2𝑂, 𝑗 TtW GHG emissions factors by slipped fuel towards combustion unit j [gGHG/gFuel] 𝐶𝑂2𝑒𝑞, 𝑇𝑡𝑊𝑠𝑙𝑖𝑝𝑝𝑎𝑔𝑒 , 𝑗 TtW CO2 equivalent emissions of slipped fuel i towards combustion unit j [gCO2eq/gFuel] 𝐶𝑂2𝑒𝑞, 𝑇𝑡𝑊 𝑠𝑙𝑖𝑝𝑝𝑎𝑔𝑒, 𝑗 = (𝐶𝑠𝑓 𝐶𝑂2, 𝑗 × 𝐺𝑊𝑃𝐶𝑂2 + 𝐶𝑠𝑓 𝐶𝐻4, 𝑗 × 𝐺𝑊𝑃𝐶𝐻4 + 𝐶𝑠𝑓 𝑁2𝑂, 𝑗 × 𝐺𝑊𝑃𝑁2𝑂) 𝑖 𝐺𝑊𝑃𝐶𝑂2,𝐺𝑊𝑃𝐶𝐻4, ,𝐺𝑊𝑃 𝑁2𝑂 CO2, CH4 , N2O Global Warming Potential over 100 years Mi,j A Adjusted mass of the specific fuel i oxidized in consumer j [gFuel] due to sailing in ice conditions in the case of a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class 1 and due to technical properties of a ship having the ice class IA or IA Super or an equivalent ice class. The adjusted mass Mi,j A is used in Equation (1) instead of the mass Mi,j when appropriate.
Amendment 473 #
2021/0210(COD)
Proposal for a regulation
Annex I – Equation 2
Annex I – Equation 2
In the case of fossil fuels, the default values in Annex II shall be usedould be used unless actual values can be provided by means of laboratory testing or direct emissions measurements. For the purpose of this regulation the term 𝒄 ∑𝑘𝐸𝑘 × 𝐶𝑂2𝑒𝑞 𝑒𝑙𝑒𝑐𝑡𝑟𝑖𝑐𝑖𝑡𝑦, 𝑘 in the numerator of Equation (1) shall be set to zero.
Amendment 474 #
2021/0210(COD)
Proposal for a regulation
Annex I – Method for determining [Mi]
Annex I – Method for determining [Mi]
The [Mi] massmass [Mi] of fuel shall be determined using the amount reported in accordance with the framework of the reporting under 1 For further information on correspondence between ice classes, see HELCOM Recommendation 25/7 at http://www.helcom.fi. Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company. The adjusted mass of fuel [Mi A] may be used instead of the mass of fuel [Mi] for a ship having the ice-class IC, IB, IA or IA Super or an equivalent ice class. The adjusted mass [Mi A] is defined in Annex X.
Amendment 475 #
2021/0210(COD)
Proposal for a regulation
ANNEX I - Methods for determining the reward factors linked to substitute sources of energy
ANNEX I - Methods for determining the reward factors linked to substitute sources of energy
Methods for determining the reward factors linked to substitute sources of energy In case substitute sources of energy are installed on board, a reward factor for substitute sources of energy can be applied. This reward factor can be applied on all types of fossil free energy generated on board, including but not limited to, wind energy. In case of wind power such reward factor is determined as follow:
Amendment 476 #
2021/0210(COD)
Proposal for a regulation
ANNEX I - Methods for determining the reward factors linked to substitute sources of energy
ANNEX I - Methods for determining the reward factors linked to substitute sources of energy
In case substitute sources of energy are installed on board, a reward factor for substitute sources of energy can be applied. In case of windof other fossil free sources of power such reward factor is determined as follows: Reward factor for substitute 𝑷𝑾𝒊𝒏𝒅 sources of 𝑷𝑭𝒐𝒔𝒔𝒊𝒍𝑭𝒓𝒆𝒆 sources of energy- WIND (fwind)energy- FOSSIL FREE (fFossilFree) 𝑷𝑻𝒐𝒕 0,99 0,1 0,97 0,2 0,95 ⩾ 0,3
Amendment 477 #
2021/0210(COD)
Proposal for a regulation
ANNEX I – Verification and Certification
ANNEX I – Verification and Certification
Amendment 478 #
2021/0210(COD)
Proposal for a regulation
ANNEX II
ANNEX II
The emissions factors for fossils fuels contained in this Annex shall be used for the determination of the greenhouse gas intensity index referred to in Annex I of this Regulation. The emissions factors of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuels shall be determined according to the methodologies set out in Annex 5 part C of Directive (EU) 2018/2001. The emission factors for all fuels can alternatively be determined on actual values certified by mean of laboratory testing or direct emissions measurements. In the table: – TBM stands for To Be Measured – N/A stands for Not Available – The dash means not applicable
Amendment 479 #
2021/0210(COD)
Proposal for a regulation
ANNEX II – Column 4
ANNEX II – Column 4
Column 4 contains the CO2eq emissions values in [gCO2eq/MJ]. For fossils fuels only the default values in the table shall be used unless actual values can be provided by means of laboratory testing or direct emissions measurements. For all other fuels, (except were expressly indicated), values shall be calculated by using the methodology or the default values as per in Directive (EU) 2018/2001 deducted of the combustion emissions considering full oxidation of the fuel23.
Amendment 480 #
2021/0210(COD)
Proposal for a regulation
ANNEX III – Zero-emission technology
ANNEX III – Zero-emission technology
ANNEX III
Amendment 41 #
2021/0205(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, as well as one of the main connector for and from outermost regions and the mainland, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving connectivity within the Union and with third countries, and has been a significant enabler of the Union economy.
Amendment 47 #
2021/0205(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, with high levels of connectivity, safety and security., avoiding the possible raise of air fares and the reduction of flight frequencies;
Amendment 51 #
2021/0205(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The functioning of the Union air transport sector is determined by its cross- border nature across the Union, and by its global dimension. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The air transport external policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), as well as by comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries. The Union external aviation policy should promote convergence on the use of sustainable aviation fuels and, if appropriate, should establish specific provisions on the use of sustainable aviation fuels within the comprehensive multilateral and bilateral air transport agreements between the EU or its Member States ;
Amendment 58 #
2021/0205(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The air transport market is subject to strong competition between economic actors globally and across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and the relevant parties involved in fuel supply and other aviation actors can operate on the basis of equal opportunities. Where market distortions occur, they risk putting aircraft operators or airports at a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, and a loss of air connectivity for citizens and businesses.
Amendment 60 #
2021/0205(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market, reduce the attractiveness of the aviation sector and therefore mobility, with high fuel prices translated directly into high end-consumer fares. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasonsin order to remain competitive. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. SOn the other hand, refuelling obligations are costly for aircraft operators as they prolong the turn-around times and reduces operational capacity of the airports, especially in peak hours. The tankering on short haul flights has rather limited impact on fuel consumption and fuel burn. Nevertheless, some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector, leading to market distortions and be harmful to air connectivity. This Regulation should set up balanced measures to prevent suchall possible adverse practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market.
Amendment 67 #
2021/0205(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements and a strong commitment from the industry, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term but also in the medium and long term. However, this potential is currently largely untapped and needs support over time for the development and deployment of mature and new sustainable aviation fuels and on research for new aircraft engines and technologies. _________________ 10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.
Amendment 78 #
2021/0205(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviationfuels which save 55% of greenhouse gases as compared with fossil fuels and are compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. SAmong sustainable aviation fuels some are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, which should also be supported and covered by this Regulation, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.
Amendment 81 #
2021/0205(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The gradual introduction of sustainable aviation fuels on the air transport market will represent an additional fuel cost for airlines, as such fuel technologies are currently more expensive to produce than conventional aviation fuel. This is expected to exacerbate the pre-existing issues of level playing field on the air transport market as regards aviation fuel, and to cause further distortions among aircraft operators and airports. This regulation should take measures to prevent that the introduction of sustainable aviation fuels affects negatively the competitiveness of the aviation sector by defining harmonised requirements across the Union., avoiding different blending mandates at national level;
Amendment 87 #
2021/0205(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) At global level, sustainable aviation fuels are regulated at ICAOnd defined at ICAO and the Union should follow similar approach to align Union aviation framework with those international standards with the aim of promoting sustainable aviation fuels at global level. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels.
Amendment 104 #
2021/0205(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. A threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation; however, the scope of the Regulation should cover at least 95% of total traffic departing from airports in the Union. For the same reasons, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory. However, airports that meet the exemption requirements can opt to be covered by this regulation after the Member State report to the Commission.
Amendment 116 #
2021/0205(COD)
(16) Development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in 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, all sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX ofvided by Directive (EU) 2018/2001, as well asincluding synthetic aviation fuels should be eligible. In particular, sustainable aviation 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, complying with the sustainability and greenhouse gas emissions criteria laid down in Article 29 and certified in accordance with Article 30 of that Directive are essential to decarbonise air transport already in the short term.
Amendment 124 #
2021/0205(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For sustainability reasonsGiven safeguards provided by Articles 29 and 30 of Directive (EU) 2018/2001, feed and food crop-based fuels should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure oProper enforcement of this Directive with an appropriate track and trace system in pland and can lead to ce combined withe 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 concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock usedstablishing market conditions with tailored incentives, should lead to ramping up the alternative fuels market in the Union. In addition, Annex V of this Directive addresses the GHG savings of each crop for fueleach production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fue pathway. While some feedstock indeed do not reduce as much emissions as others, they have on the other hand other advantages, such as the fact that they are available in Europe, that they produce also produced from feedtein for livestock for which a significant expansion of the productionthat they area into land with high-carbon stock is observmed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. 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 – indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demandiate crops to protect the soil during winter. It is therefore recommended, in particular during the green transition, to allow the use of every fuel, where the feedstock is harvested under the sustainability criteria laid out in Article 29 of Directive (EU)2018/2001. Furthermore, Directive (EU) 2018/2001 limits and sets a cap on the use of biofuels in road and rail transport, which can be extended to all modes of transport. The aviation sector has currently insignificant levels of demand for food and feed crops- based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non- eligibility of crop-based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sectoruse all types of sustainable aviation fuels in a cost effective manner to reach climate goals through effective measures.
Amendment 127 #
2021/0205(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A single, clear and robust sustainability framework is necessary to provide legal certainty and continuity for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112 . _________________ 12 https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32018 L2001&from=fr
Amendment 132 #
2021/0205(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. The Commission should propose measures to incentivise the development and the uptake of sustainable aviation fuels necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directiveare covered by the scope of this Regulation.
Amendment 147 #
2021/0205(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules and operation standards. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, at least for part of its flights, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankeringFor a level playing field between EU intra and extra flights, the Commission should regularly monitor, evaluate and report on fuel tankering cases and present to the European Parliament and the Council after the enter into force of this Regulation compensatory measures, if needed.
Amendment 152 #
2021/0205(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) The tradability of sustainable aviation fuel use, a so-called ‘book and claim’ system, should be introduced. By setting it up, within each airport covered by the Regulation, airlines would be able to purchase SAF certificates. Such a system would play an important role in monitoring the SAF production and consumption, in attesting their environmental and technical performance and in associating the various types of SAF with adequate incentives. Therefore, by 1 January 2025, the Commission should propose establishing ‘book and claim’ system through a delegated act.
Amendment 159 #
2021/0205(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Airports and the relevant parties involved in fuel supply covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require a Union airport and the relevant parties involved in fuel supply to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.
Amendment 169 #
2021/0205(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) European SAF criteria should follow international standards and regulations at ICAO level to ensure global implementation and maximum environmental benefits, whilst ensuring a level playing field for all the stakeholders. A similar approach at ICAO level and for globally harmonized sustainability criteria should be advocate by the Union.
Amendment 170 #
2021/0205(COD)
(27 b) To further promote uptake of sustainable aviation fuels whose prices are predicted to remain multiple times higher than that of conventional fuel in the foreseeable future, aircraft operators covered under Directive 2003/87/EC should receive free allocations when using sustainable aviation fuels for activities covered under this Regulation.
Amendment 171 #
2021/0205(COD)
Proposal for a regulation
Recital 27 c (new)
Recital 27 c (new)
(27 c) An Aviation Transition Fund (‘the Aviation Fund’) should be established to provide funds to the Member States to support their policies supporting air transport sector decarbonisation. This should be achieved notably through development of innovative technologies for decarbonising the sector, production of sustainable alternative fuels as defined in this regulation, including systems for collection of raw materials for alternative fuels, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new engines and technologies and airports infrastructure. The Commission should submit a legislative proposal for the creation of the Aviation Fund. The Fund should be a fully budgeted expenditure programme within the MFF. The budgetary envelope for this programme should be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances and revenue generated from penalties raised in this Regulation. The Aviation Fund shall be implemented by the Commission in direct management in accordance with the relevant rules adopted pursuant to Article 322 TFEU, in particular Regulation (EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council.
Amendment 172 #
2021/0205(COD)
Proposal for a regulation
Recital 27 d (new)
Recital 27 d (new)
(27 d) The establishment of a European SAF Alliance by the Commission focuses on aligning the entire industrial value chain to boost production, distribution and use of the SAF. This platform formed by aircraft operators, Union airports with the relevant parties in fuel supply, aviation fuel suppliers and fuels producers, among others, has the aim of identifying policies, market developments and scale-up of SAF in Europe, taking into consideration the principle of technology neutrality.
Amendment 176 #
2021/0205(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The penalties for the suppliers who fail to meet the targets set in this Regulation should be complemented by the obligation to supply the market with the shortfall of meeting the quota in the subsequent year;, under the condition of availability of feedstock and provided that such an obligation does not constitute a dual penalty.
Amendment 182 #
2021/0205(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A transitional period of 5 years should be provided to allow for a reasonable amount of time for aviation fuel suppliers, Union airports and the relevant parties involved in fuel supply and aircraft operators to make the necessary technological and logistical investments. During this phase, aviation fuel containing higher shares of sustainable aviation fuel may be used to compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at other airports.
Amendment 185 #
2021/0205(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate compliance costs in the affected sectors.
Amendment 193 #
2021/0205(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to aircraft operators, Union airports with the relevant parties in fuel supply, and to aviation fuel suppliers.
Amendment 194 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
— ‘Union airport’ means an airport as defined in Article 2(2) of Directive 2009/12/EC of the European Parliament and of the Council13 , where passenger traffic was higher than 1 million passengers or where the freight traffic was higher than 100000 tons in the reporting period, and is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union. If any Union airport meets the exemption requirements, it may still opt to be covered by this Regulation. The Member State concerned shall report that information to the European Commission; _________________ 13 Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges
Amendment 212 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 5
Article 3 – paragraph 1 – indent 5
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, whichfuels which save 55% of greenhouse gases as compared with fossil fuels, in line with Directive (EU) 2018/2001 and complying with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;
Amendment 233 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 8 a (new)
Article 3 – paragraph 1 – indent 8 a (new)
- Low carbon fuels means liquid and gaseous fuels which save at least 70% greenhouse gas emissions in comparison to conventional liquid or gaseous fossil fuels;
Amendment 238 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 13
Article 3 – paragraph 1 – indent 13
— ‘yearly aviation fuel required’ means the amount of aviation fuel defined as trip fuel and taxi fuel in accordance with EASA Fuel Policy, necessary to operate the totality of commercial air transport flights operated by an aircraft operator, departing from a given Union airport, over the course of a reporting period, taking into account operational restrictions and supply shortages;
Amendment 241 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 14
Article 3 – paragraph 1 – indent 14
— ‘yearly non-tanked quantity’ means the difference between the yearly aviation fuel required as defined as trip fuel and taxi fuel in accordance with EASA Fuel Policy and the actual fuel uplifted by an aircraft operator prior to flights departing from a given Union airport, over the course of a reporting period;
Amendment 242 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 15
Article 3 – paragraph 1 – indent 15
— ‘total yearly non-tanked quantity’ means the sum of the yearly non-tanked quantitiesdifference between the yearly aviation fuel required and the actual fuel uplifted by an aircraft operator at all Union airports over the course of a reporting period. The ratio between yearly aviation fuel required and the actual fuel uplifted shall not exceed the value of 105 %;
Amendment 244 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 16 a (new)
Article 3 – paragraph 1 – indent 16 a (new)
- The relevant parties in fuel supply: means a supplier of ground-handling services as define in Directive 96/67 /EC in charge of the infrastructures necessary for the delivery, storage and uplifting of sustainable aviation fuels;
Amendment 261 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airports covered by this Regulation contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I.
Amendment 268 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Without prejudice to the application of Article 11(3) and (4), where an aviation fuel supplier fails to supply the minimum shares set out in Annex I for a given reporting period, it shall at leastreport the reasons for SAF shortage to the European Union Aviation Safety Agency. The Commission may request that the aviation fuel supplier complement that shortfall in the subsequent reporting period, where possible, subject to availability of feedstock.
Amendment 274 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Without prejudice to the application of Article 4 paragraph 1, Member States jointly with the Commission may exclude airports where the costs are disproportionate to the environmental benefits, whilst ensuring the development of aviation fuels market in the Union, in accordance with Article 4 and Annex I. In such case Member States shall provide a reasonable explanation on their decision to the Commission.
Amendment 279 #
2021/0205(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 287 #
2021/0205(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The Commission shall monitor, evaluate and report cases of fuel tankering to the European Parliament and the Council on an annual basis. Following the analysis, the Commission shall amend this Article where appropriate, at the latest after three years of the entry into force of this Regulation.
Amendment 292 #
2021/0205(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a SAF Alliance Within one year after the entry into force of this Regulation, a European SAF Alliance shall be established. The European SAF Alliance shall be coordinated by the Commission with the aim to identify policies for scaling-up of SAF in Europe, inter alia by encouraging the production for the most innovate technologies, identifying policies and market developments, and addressing possible negative impacts of this Regulation. The participation in the European SAF Alliance shall be voluntary..
Amendment 297 #
2021/0205(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Obligations of Union airports and the relevant parties involved in fuel supply to provide the infrastructure
Amendment 309 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Union airports and the relevant parties involved in fuel supply shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels.
Amendment 313 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency may request the Union airport and the relevant parties involved in fuel supply to provide the information necessary to prove compliance with paragraph 1. The Union airport concernedand the relevant parties involved in fuel supply shall provide the information without undue delay.
Amendment 326 #
2021/0205(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airport does not fulfil its obligations. Union airportsand the relevant parties involved in fuel supply does not fulfil its obligations. Union airports and the relevant parties involved in fuel supply shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of the Regulation or after the year when they exceed one of the thresholds in Article 3(a).
Amendment 331 #
2021/0205(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Aviation Transitional Fund A dedicated Aviation Transition Fund (“the Aviation Fund”) shall be proposed by the Commission through a dedicated act in order to support and accelerate projects, investments, innovations and first industrial application facilitating decarbonisation in the EU aviation sector. The Aviation Fund shall constitute an integral part of the EU budget and shall be fully budgeted within the MFF ceilings. The budgetary envelope for this programme shall be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances and revenue generated from penalties raised in this Regulation. The Aviation Fund shall be managed centrally by the Commission. The dedicated Aviation Fund shall support the transition to energy efficient and climate resilient EU aviation sector supporting development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels as defined in this Regulation, including systems for collection of raw materials and plants for SAFs, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new aircraft engines and technologies, aircraft operation and performance and airports infrastructure. The Fund shall aim at a geographical balanced support of the sectors covered, taking into account specific sectoral circumstances and investment needs.
Amendment 349 #
2021/0205(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) For each purchase of sustainable aviation fuel, the name of the aviation fuel supplier, the total amount purchased expressed in tonnes, the conversion technology, the characteristics and origin of the feedstock used for production, and the lifecycle emissions of the sustainable aviation fuel. Where one purchase includes sustainable aviation fuels with differing characteristics, the report shall provide this information for each type of sustainable aviation fuel.
Amendment 356 #
2021/0205(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
For the purpose of reporting sustainable aviation fuels use under the provisions of Article 7 of this Regulation, or under a greenhouse gas scheme, aviation fuel suppliers shall provide aircraft operators with the relevant information free of charge, not later than 31January of each reporting year.
Amendment 373 #
2021/0205(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
(1) Member States shall designate the competent authority or authorities responsible for enforcing the application of this Regulation and for imposing the fines for aircraft operators, Union airports, the relevant parties involved in fuel supply and fuel suppliers. Member States shall inform the Commission thereof.
Amendment 375 #
2021/0205(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
(3) The competent authoritiesy or authorities, depending on particular situation of a Member State, in respect of an aircraft operator shall be determined pursuant to Commission Regulation (EC) No 748/200916 . _________________ 16 Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC
Amendment 376 #
2021/0205(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
(4) The competent authoritiesy or authorities, depending on particular situation of a Member State, in respect of Union airports shall be determined on the basis of the respective territorial jurisdiction.
Amendment 377 #
2021/0205(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
(5) The competent authoritiesy or authorities, depending on particular situation of a Member State, in respect of aviation fuel suppliers shall be determined pursuant to their Member State of establishment.
Amendment 378 #
2021/0205(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Member StatesThe Commission shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and Member States shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notifyThe Commission shall deliver these provisions to the CommissionMember States by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 396 #
2021/0205(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the InvestEU Green Transition Investment Facility, as a top-up to the EU guaranteeAviation Fund.
Amendment 401 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) The amount of sustainable aviation fuel and of synthetic aviation fuel per type of fuel feedstock supplied at Union level in aggregate and by Union airport;
Amendment 406 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) The status of compliance of airports and the relevant parties involved in fuel supply regarding obligations set out in Article 6;
Amendment 409 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) The origin and the characteristics and the conversion technology of all sustainable aviation fuels purchased by aircraft operators for use on flights departing from Union airports., covered by this Regulation;
Amendment 412 #
2021/0205(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f a (new)
Article 12 – paragraph 1 – point f a (new)
(f a) The state of play of the SAF life cycle development and deployment.
Amendment 422 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 31 December 2025, the Commission shall conduct a comprehensive impact assessment, assessing the effect of all Fit for 55 proposals, where this Regulation is an integral part of, including an analysis of EU competitiveness, including hub transfer, risk of mobility reduction, cost effectiveness of GHG emissions reductions, total rise of costs, investment needs and total additional number of jobs lost or severely transformed before applying assumptions on potential new job creation.Following its result, the Commission shall determine whether it is justified to revise this Regulation, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global GHG emissions reduction and preserve a level-playing field. By 1 January 20286 and every fivthree years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directivreflecting upon available policy options on other energy sources defined under the Renewable Energy Directive, taking into consideration the principle of technological neutrality and propose, where appropriate, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.
Amendment 432 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
By 1 January 2029, the Commission shall reassess the targets referred to in Article 4 and Annex I as of 1 January 2035 based on the development of the fuel market, research and technological development as well as the condition of the aviation sector in order to facilitate the green transition and reach the climate goals.
Amendment 435 #
2021/0205(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a Compensatory regulatory reduction The Commission shall present, by [1 year before the entry into force of this Regulation], and in line with its communication on the application of the “one in, one out” principle, 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 affected sectors. 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
Amendment 453 #
2021/0205(COD)
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) From 1 January 2030, a minimum share of 510% of SAF, of which a minimum share of 0.7% of synthetic aviation fuels;
Amendment 35 #
2021/0201(COD)
Proposal for a regulation
Recital 8
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).
Amendment 55 #
2021/0201(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Given that the changes to the accounting rules generate additional compliance costs for the land use, land use change and forestry sector, compensatory actions need to be taken in order to prevent the total level of regulatory burden from increasing. The Commission should therefore be obliged to present, before the application of this Regulation, proposals for offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs in the affected sector.
Amendment 59 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/841
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) commitments of Member States to take the necessary measures aiming towards the collectiMember State level achievement of climate-neutrality in the Union by 2035 in the land use, land use change and forestry sector including emissions by the non-CO2 agriculture.’;
Amendment 67 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall adopt implementing acts setting out the annual targets based on the linear trajectory for net greenhouse gas removals for each Member State, for each year in the period from 2026 to 2029 in terms of tonnes CO2 equivalent. These national trajectories shall be based on the average greenhouse gas inventory data for the years 2021, 2022 and 2023, reported by each Member State. The value of the Member State indicative targets set out in Annex IIa and the 310 million tonnes CO2 equivalent net removals as a sum of the targets for Member States set out in Annex IIa may be subject to a technical correction due to a change of methodology by Member States. The method for determination of the technical correction to be added to the targets of thea Member States, shall should correspond to the effect of the change in methodology on the targets and be set out in these implementing acts. For the purpose of those implementing acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by Member States pursuant to Article 26(4) of Regulation (EU) 2018/1999.
Amendment 73 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Union-wideMember State level 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 Unioneach Member State 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.
Amendment 90 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/841
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Following the report, the Commission shall make legislative proposals where it deems it appropriate. In particular, the proposals shall set out annual targets and governance aiming towards the 2035 Member State level climate-neutrality target as laid down in Article 4(4), additional Union policies and measures, and a post-2035 framework, including in the scope of the Regulation greenhouse gas emissions and removals from additional sectors, such as the marine and freshwater environment.;
Amendment 93 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 4 – paragraph 1 – point a – point 1 – point ii
Article 4 – paragraph 1 – point a – point 1 – point ii
(ii) the Member State’s commitments and national targets for net greenhouse gas removals pursuant to Article 4(1) and (2) of Regulation (EU) 2018/841 and its contributions aim towards reaching the UnionMember State level objective of reducing greenhouse gas emissions to net zero by 2035 and achieving negative emissions thereafter pursuant to Article 4(4) of that Regulation;;
Amendment 96 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EU) 2018/1999
Annex V
Annex V
Amendment 97 #
2021/0201(COD)
Proposal for a regulation
Annex III
Annex III
Regulation (EU) 2018/1999
Annex V Part 3
Annex V Part 3
Amendment 31 #
2021/0197(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource us and vibrant industries that remain world-leaders in their respective segment and global innovation drivers while securing high-paid quality jobs in Europe. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.
Amendment 41 #
2021/0197(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In line with Regulation (EU) 2019/631 the emissions of the entire life cycle of vehicles should be taken into account in order to ensure that emissions are reduced in the most effective manner. Given the strengthened target for 2030, it is important to ensure that a methodology of full life-cycle CO2 emissions for vehicles follows suit. It is therefore necessary that the Commission develop no later than December 31, 2023, an harmonized methodology to report the carbon footprint of the life-cycle of vehicles in order to consider the global impact of passenger cars and light commercial vehicles on the environment. This regulation should be reviewed in 2028 to incorporate this harmonized methodology of an extended carbon accounting as new indicator for further reduction targets beyond 2030.
Amendment 53 #
2021/0197(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The strengthened CO2 emission reduction requirements should incentivise an increasing share of net zero-emission vehicles and fuels being deployed on the Union market whilst providing benefits to consumers and citizens in terms of air quality and energy savings, as well as ensuring that innovation and employment levels in the automotive value chain can be maintained in Europe and that mobility remains accessible and affordable for everyone. Within the global context, also the EU automotive chain must be a leading actor in the on- going transition towards net zero-greenhouse gas emission mobility and fuels solutions. The strengthened CO2 emission reduction standards armust be technology neutral in reaching the fleet- wide targets that they set. Different technologies are and remain available to reach the zero-emission fleet wide targets. ZLow and zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen powered vehicles, depending on their respective full lifecycle emissions and technological innovations are continuing. Zero and low-emission vehicles, which also include well performing plug-in hybrid electric vehicles, and vehicles powered by alternative sustainable biofuels and biogases which can continue to play a role in the transition pathway.
Amendment 66 #
2021/0197(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource us and vibrant industries that remain world-leaders in their respective segment and global innovation drivers while securing high-paid quality jobs in Europe. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must thereforeIt must be ensured that the transition is just and inclusive, leaving no one behind.
Amendment 77 #
2021/0197(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) All sectors of the economy are expected to contribute to achieving those net greenhouse gas emission reductions, including the road transport sector and fuel suppliers.
Amendment 77 #
2021/0197(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The updated New Industrial Strategy26 foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In this context, a transition pathway should be developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway should take particular heed of SMEs in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions. The appropriate actions and incentives at European and national level to boost the affordability of low- and zero emission vehicles should also be addressed in the pathway. The progress made on this comprehensive transition pathway for the mobility ecosystem should be monitored every two years as part of a progress report to be submitted by the Commission, looking inter alia at the progress in the deployment of low- and zero- emission vehicles, their price developments, deployment of alternative fuels development and infrastructure roll- out as required under the Alternative Fuels Infrastructure Regulation, the potential of innovative technologies to reach climate neutral mobility, international competitiveness, investments in the automotive value chain, up-skilling and re- skilling of workers and reconversion of activities. The progress report will also build on the two-yearly progress reports that Member States submit under the Alternative Fuels Infrastructure Regulation. The Commission should consult social partners in the preparation of the progress report, including the results in the social dialogue. Innovations in the automotive supply chain are continuing. Innovative technologies such as the production of electro-fuels with air capture, if further developed, could offer prospects for affordable climate neutral mobility. The Commission should therefore keep track of progress in the state of innovation in the sector as part of its progress report. _________________ 26 Commission Communication - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021
Amendment 83 #
2021/0197(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Those EU fleet-wide targets are to be complemented by the necessary roll-out of recharging and refuelling infrastructure as set out in. For this reason, considering the weak and slow implementation of Directive 2014/94/EU of the European Parliament and of the Council27 . _________________ 27 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on, this proposal should be accompanied by an ambitious proposal for a Regulation on Alternative Fuel Infrastructure, providing for ambitious mandatory targets for the deployment of alternative fuels infrastructure (OJ L 307 28.10.2014, p. 1)throughout the 27 Member States.
Amendment 84 #
2021/0197(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In line with Regulation (EU) 2019/631 the emissions of the entire life cycle of vehicles should be taken into account in order to ensure that emissions are reduced in the most effective manner. Given the strengthened target for 2030, it is important to ensure that a methodology of full life-cycle CO2 emissions for vehicles follows suit. It is therefore necessary that the Commission develop no later than December 31, 2023, an harmonized methodology to report the carbon footprint of the life-cycle of vehicles in order to consider the global impact of passenger cars and light commercial vehicles on the environment. This regulation should be reviewed in 2028 to incorporate this harmonized methodology of an extended carbon accounting as new indicator for further reduction targets beyond 2030.
Amendment 91 #
2021/0197(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Manufacturers should be provided with sufficient flexibility in adapting their fleets over time in order to manage the transition towards low- and zero-emission vehicles in a cost-efficient manner, and it is therefore appropriat. The progressively more ambitious emission reduction targets as set in Regulation (EU) 2019/631 have increased the costs of compliance for manufacturers. It is therefore of the utmost importance to maintain the approach of decreasing target levels in five-year steps.
Amendment 120 #
2021/0197(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The regulations review is an important part of tracking the Union progress towards its climate ambitions while ensuring that concrete reduction targets can be met through an harmonized methodology for reporting on the life-cycle of vehicles, and taking into account industrial and social consequences of the defined targets.
Amendment 125 #
2021/0197(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
Amendment 147 #
2021/0197(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The updated New Industrial Strategy26 foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In this context, a transition pathway should be developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway should take particular heed of SMEs in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions. The appropriate actions and incentives at European and national level to boost the affordability of low- and zero emission vehicles should also be addressed in the pathway. The progress made on this comprehensive transition pathway for the mobility ecosystem should be monitored every two years as part of a progress report to be submitted by the Commission, looking inter alia at the progress in the deployment of low- and zero- emission vehicles, their price developments, deployment of alternative fuels development and infrastructure roll- out as required under the Alternative Fuels Infrastructure Regulation, the potential of innovative technologies to reach climate neutral mobility, international competitiveness, investments in the automotive value chain, up-skilling and re- skilling of workers and reconversion of activities. The progress report will also build on the two-yearly progress reports that Member States submit under the Alternative Fuels Infrastructure Regulation. The Commission should consult social partners in the preparation of the progress report, including the results in the social dialogue. Innovations in the automotive supply chain are continuing. Innovative technologies such as the production of electro-fuels with air capture, if further developed, could offer prospects for affordable climate neutral mobility. The Commission should therefore keep track of progress in the state of innovation in the sector as part of its progress report. _________________ 26 Commission Communication - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021
Amendment 159 #
2021/0197(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Those EU fleet-wide targets are toshould be complemented by the necessary roll-out of recharging and refuelling infrastructure as set out in. For this reason, considering the weak and slow implementation of Directive 2014/94/EU of the European Parliament and of the Council27 . _________________ 27Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on, this proposal should be accompanied by an ambitious proposal for a Regulation on Alternative Fuel Infrastructure, providing for ambitious mandatory targets for the deployment of alternative fuels infrastructure (OJ L 307 28.10.2014, p. 1)throughout the 27 Member States.
Amendment 173 #
2021/0197(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Manufacturers should be provided with sufficient flexibility in adapting their fleets over time in order to manage the transition towards low- and zero-emission vehicles in a cost-efficient manner, and it is therefore appropriat. The progressively more ambitious emission reduction targets as set in Regulation (EU) 2019/631 have increased the costs of compliance for manufacturers. It is therefore of the utmost importance to maintain the approach of decreasing target levels in five-year steps.
Amendment 203 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation 2019/631
Article 12 – paragraph 3a (new)
Article 12 – paragraph 3a (new)
(6b) 6a. in Article 12, the following paragraph is inserted: ‘3a. ‘The Commission shall draw up, no later than 31 December 2023, a common Union methodology for the assessment and the consistent data reporting of the full life-cycle CO2 emissions of fuels and energy consumed by vehicles on the EU market.’
Amendment 221 #
2021/0197(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate unnecessary compliance costs in the affected sectors
Amendment 221 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 1
Article 14a – paragraph 1
By 31 December 2025, and every two years thereafter, the Commission shall report on the progress towards zero emission road mobility. The report shall in particular monitor and assess the need for possible additional measures to facilitate the transition, including through financial means.
Amendment 223 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation 2019/631
Article 14a – paragraph 2
Article 14a – paragraph 2
In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050. This includes the deployment of zero- and low-emission vehicles, to be analysed not under a purely tailpipe-emissions-based measurement, but under a holistic life- cycle analysis-based approach to emissions of vehicles, fuel and energy, taking into account also the green-house gas intensity at mineral extraction, production and end-of-life stages, allowing inter alia for the accounting of green steel and recycled materials, as well as the energy mix in the respective Member State of circulation, progress in achieving the targets for the roll-out of recharging and refuelling infrastructure as required under the Alternative Fuels Infrastructure Regulation, the potential contribution of innovation technologies and sustainable alternative fuels to reach climate neutral mobility, impact on consumers, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition towards zero emission road mobility.;
Amendment 226 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2019/631
Article 14 b (new)
Article 14 b (new)
Amendment 373 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) 2019/631
Article 11a (new)
Article 11a (new)
Amendment 378 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) 2019/631
Article 12 – paragraph 3a (new)
Article 12 – paragraph 3a (new)
(6a) In Article 12, the following paragraph is inserted: ‘3a. ‘The Commission shall draw up, no later than 31 December 2023, a common Union methodology for the assessment and the consistent data reporting of the full life-cycle CO2 emissions of fuels and energy consumed by vehicles on the EU market.’
Amendment 394 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 1
Article 14a – paragraph 1
By 31 December 2025, and every two years thereafter, the Commission shall report on the progress towards zero emission road mobility. The report shall in particular monitor and assess the need for possible additional measures to facilitate the transition, including through financial means.
Amendment 402 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 2
Article 14a – paragraph 2
In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050. This includes the deployment of zero- and low-emission vehicles, to be analysed not under a purely tailpipe-emissions-based measurement, but under a holistic life- cycle analysis-based approach to emissions, taking into account also the green-house gas intensity at mineral extraction, production and end-of-life stages, allowing inter alia for the accounting of green steel and recycled materials, as well as the energy mix in the respective Member State of circulation, progress in achieving the targets for the roll-out of recharging and refuelling infrastructure as required under the Alternative Fuels Infrastructure Regulation, the potential contribution of innovation technologies and sustainable alternative fuels to reach climate neutral mobility, impact on consumers, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition towards zero emission road mobility.;
Amendment 413 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2019/631
Article 14a a (new)
Article 14a a (new)
Amendment 426 #
2021/0197(COD)
The report shall, where appropriate, be accompanied by a proposal for amending this Regulation and identifying a clear pathway for further CO2 emissions reductions by introducing EU fleet-wide targets for new passenger cars fleet and for new light commercial vehicles fleet from 1 January 2035 and from 1 January 2040, based on a LCA methodology developed by the European Commission no later than 31 December 2023.
Amendment 86 #
2021/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 87 #
2021/0106(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 88 #
2021/0106(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 89 #
2021/0106(COD)
Proposal for a regulation
Recital 21
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 anThe use should 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.
Amendment 90 #
2021/0106(COD)
Proposal for a regulation
Recital 22
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 identified in this Regulation.
Amendment 91 #
2021/0106(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric 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, s. 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.
Amendment 109 #
2021/0106(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Given the more extensive experience of professional pre-market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phase of application of this Regulation, the scope 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.
Amendment 110 #
2021/0106(COD)
Proposal for a regulation
Recital 67
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.
Amendment 118 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. For high-risk AI systems that are safety components of products or systems, or which are themselves products or systems, falling within the scope of the following actsclassified as high- risk AI in accordance with Article 6 related to products covered by Union harmonisation legislation listed in Annex II, section B, only Article 84 of this Regulation shall apply:
Amendment 120 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. This Regulation shall not apply to AI systems, including their output, specifically designed and deployed for research and development purposes.
Amendment 149 #
2021/0106(COD)
Proposal for a regulation
Article 4
Article 4
Amendments to Annex I 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.rticle 4 deleted
Amendment 154 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 155 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
Article 5 – paragraph 1 – point d – point i
Amendment 157 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
Article 5 – paragraph 1 – point d – point ii
Amendment 158 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
Amendment 159 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 160 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 161 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
Amendment 170 #
Amendment 196 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1
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, where applicable.
Amendment 204 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, 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.
Amendment 212 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. High-risk AI systems shall be accompanied by instructions for use in an appropriate digital format or otherwise that include concise, complete, correct and clear information that is relevant, accessible and comprehen and accessible to users.
Amendment 223 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a
Article 14 – paragraph 4 – point a
(a) fully understand the capacities and limitations of the high-risk AI system and be able to duly monitor its operation, so that signs of anomalies, dysfunctions and unexpected performance can be detected and addressed as soon as possible;
Amendment 227 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point e
Article 14 – paragraph 4 – point e
(e) be able to intervene on the operation of the high-risk AI system or interrupt, put the system into fail-safe mode, put the system into manual control mode or stop the system through a “stop” button or a similar procedure.
Amendment 232 #
2021/0106(COD)
Proposal for a regulation
Article 30 – paragraph 1
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 barriers and ensuring a seamless single market.
Amendment 233 #
2021/0106(COD)
Proposal for a regulation
Article 30 – paragraph 8
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.
Amendment 291 #
2021/0106(COD)
Proposal for a regulation
Article 80 – paragraph 1 – introductory part
Article 80 – paragraph 1 – introductory part
In Article 5 of Regulation (EU) 2018/858 the following paragraph iss are added:
Amendment 292 #
2021/0106(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
Regulation (EU) 2018/858
Article 5
Article 5
4 a. 5. The Commission shall, prior to fulfilling the obligation pursuant to paragraph 4, conduct a gap analysis of existing sectoral legislation in the automotive sector to determine the existence of potential gaps relating to Artificial Intelligence therein, and consult relevant stakeholders, in order to avoid duplications and overregulation, in line with the Better Regulation principles.
Amendment 293 #
2021/0106(COD)
Proposal for a regulation
Article 82 – paragraph 1 – introductory part
Article 82 – paragraph 1 – introductory part
In Article 11 of Regulation (EU) 2019/2144, the following paragraph iss are added:
Amendment 294 #
2021/0106(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
Regulation (EU) 2018/858
Article 11
Article 11
3 a. 4. The Commission shall, prior to fulfilling the obligation pursuant to paragraph 3, conduct a gap analysis of existing sectoral legislation in the automotive sector to determine the existence of potential gaps relating to Artificial Intelligence therein, and consult relevant stakeholders, in order to avoid duplications and overregulation, in line with the Better Regulation principles.
Amendment 306 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
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.
Amendment 309 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a a (new)
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.
Amendment 329 #
2021/0106(COD)
Proposal for a regulation
Recital 3 a (new)
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.
Amendment 337 #
2021/0106(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) At the same time, depending on the circumstances regarding its specific application and use, artificial intelligence may generate risks and cause harm to public and private interests and rights that are protected by Union law. Such harm might be material or immaterial.
Amendment 352 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time 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).
Amendment 446 #
2021/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 462 #
2021/0106(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 478 #
2021/0106(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 489 #
2021/0106(COD)
Proposal for a regulation
Recital 21
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.
Amendment 496 #
2021/0106(COD)
Proposal for a regulation
Recital 22
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.
Amendment 506 #
2021/0106(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric 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.
Amendment 529 #
2021/0106(COD)
Proposal for a regulation
Recital 28
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.
Amendment 634 #
2021/0106(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Having information on how high- risk AI systems have been developed and how they perform throughout their lifecycle is essential to verify compliance with the requirements under this Regulation. This requires keeping records and the availability of a technical documentation, containing information which is necessary to assess the compliance of the AI system with the relevant requirements. Such information should include the general characteristics, capabilities and limitations of the system, algorithms, data, training, testing and validation processes used as well as documentation on the relevant risk management system. The technical documentation should be kept up to date. 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.
Amendment 675 #
2021/0106(COD)
Proposal for a regulation
Recital 61
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).
Amendment 677 #
2021/0106(COD)
Proposal for a regulation
Recital 61 a (new)
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.
Amendment 685 #
2021/0106(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Given the more extensive experience of professional pre-market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phase of application of this Regulation, the scope 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.
Amendment 697 #
2021/0106(COD)
Proposal for a regulation
Recital 67
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.
Amendment 723 #
2021/0106(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight 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.
Amendment 749 #
2021/0106(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) In order to ensure that providers of high-risk AI systems can take into account the experience on the use of high-risk AI systems for improving their systems and the design and development process or can take any possible corrective action in a timely manner, all providers should have a post-market monitoring system in place. This system is also key to ensure that the possible risks emerging from AI systems which continue to ‘learn’ after being placed on the market or put into service can be more efficiently and timely addressed. In this context, providers should also be required to have a system in place to report to the relevant authorities any serious incidents or any breaches to national and Union law protecting fundamental rights resulting from the use of their AI systems.
Amendment 770 #
2021/0106(COD)
Proposal for a regulation
Recital 85
Recital 85
(85) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the techniques and approaches referred to in Annex I to define AI systems, the Union harmonisation legislation listed in Annex II, the high-risk AI systems listed in Annex III, the provisions regarding technical documentation listed in Annex IV, the content of the EU declaration of conformity in Annex V, the provisions regarding the conformity assessment procedures in Annex VI and VII and the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply 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.
Amendment 791 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
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;
Amendment 874 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
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.
Amendment 908 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more 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;
Amendment 1134 #
2021/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 1230 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 1355 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 1365 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 1383 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 1459 #
Amendment 1460 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 1486 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 1573 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in relation to high-risk AI systems, unless the AI system is covered by New Legislative Framework (NLF) legislation.
Amendment 1676 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1
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.
Amendment 1708 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
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.
Amendment 1724 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, 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.
Amendment 1762 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 1947 #
2021/0106(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Providers of high-risk AI systems shall draw up the technical documen tation referred to in Article 11 in accordance with Annex IV. When applicable, the technical documentation shall be treated as containing trade secrets as regulated by Directive (EU) 2016/943.
Amendment 1953 #
2021/0106(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keep the logs automatically generated by their high-risk AI systems, to the extent such logs are under their control by virtue of a contractual arrangement with the 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.
Amendment 2086 #
2021/0106(COD)
Proposal for a regulation
Article 30 – paragraph 1
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.
Amendment 2090 #
2021/0106(COD)
Proposal for a regulation
Article 30 – paragraph 8
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.
Amendment 2190 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems shall undergo a new 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.
Amendment 2199 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
Amendment 2206 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
Amendment 2239 #
2021/0106(COD)
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
The provider shall, for a period ending 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:
Amendment 2243 #
2021/0106(COD)
Proposal for a regulation
Article 51
Article 51
Amendment 2563 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 2
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.
Amendment 2591 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 7
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.
Amendment 2606 #
2021/0106(COD)
Proposal for a regulation
Title VII
Title VII
Amendment 2684 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 1
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.
Amendment 2744 #
2021/0106(COD)
Proposal for a regulation
Article 66 – paragraph 3 a (new)
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.
Amendment 2841 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – point b
Article 71 – paragraph 3 – point b
Amendment 2852 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
4. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 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.
Amendment 2859 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
5. The supply of incorrect, incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 10 000 000 EUR or, if the offender is a company, up to 21 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 2919 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 2
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].
Amendment 2923 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 3
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.
Amendment 2931 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 5
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.
Amendment 2949 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. This Regulation shall not apply to the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [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.
Amendment 2967 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III 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.
Amendment 2978 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 3 – point b a (new)
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,
Amendment 2979 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 3 – point b b (new)
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.
Amendment 3004 #
2021/0106(COD)
Proposal for a regulation
Article 85 – paragraph 3 – point b
Article 85 – paragraph 3 – point b
(b) Article 71 shall apply from [twelve24 months following the entry into force of this Regulation].
Amendment 3021 #
2021/0106(COD)
Proposal for a regulation
Annex I – point c
Annex I – point c
Amendment 3092 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
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.
Amendment 3107 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
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.
Amendment 3155 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a a (new)
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.
Amendment 149 #
Amendment 203 #
2021/0050(COD)
Proposal for a directive
Recital 9
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.
Amendment 223 #
2021/0050(COD)
Proposal for a directive
Recital 11
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.
Amendment 227 #
2021/0050(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 233 #
2021/0050(COD)
Proposal for a directive
Recital 13
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.
Amendment 247 #
2021/0050(COD)
Proposal for a directive
Recital 15
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.
Amendment 256 #
2021/0050(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 266 #
2021/0050(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 299 #
2021/0050(COD)
Amendment 315 #
2021/0050(COD)
Proposal for a directive
Recital 23
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.
Amendment 328 #
2021/0050(COD)
Proposal for a directive
Recital 25
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).
Amendment 364 #
2021/0050(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 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.
Amendment 405 #
2021/0050(COD)
Proposal for a directive
Recital 38
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.
Amendment 406 #
2021/0050(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 410 #
2021/0050(COD)
Proposal for a directive
Recital 40
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.
Amendment 419 #
2021/0050(COD)
Proposal for a directive
Recital 41
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.
Amendment 447 #
2021/0050(COD)
Proposal for a directive
Recital 50
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.
Amendment 464 #
2021/0050(COD)
Proposal for a directive
Article 1 – paragraph 1
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.
Amendment 480 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 2
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.
Amendment 482 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
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.
Amendment 487 #
2021/0050(COD)
Amendment 492 #
2021/0050(COD)
Amendment 493 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 496 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 504 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘category of workers’ means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in Article 4 of this Directive and specified bygrouped by their respective employers in accordance with national law, collective bargaining agreements, and other relevant practices in the Memployer concerned;ber State.
Amendment 527 #
2021/0050(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 539 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 1
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.
Amendment 553 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring that tools or methodologies are 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.
Amendment 566 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 3
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.
Amendment 571 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 594 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 605 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 621 #
2021/0050(COD)
Proposal for a directive
Article 6 – paragraph 1
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.
Amendment 640 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 1
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.
Amendment 674 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Employers with at least 250 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5: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.
Amendment 689 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 696 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
Amendment 701 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 708 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
Amendment 712 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
Amendment 714 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
Amendment 717 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
Amendment 735 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 739 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 752 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 762 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 5
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.
Amendment 773 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 781 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 7
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.
Amendment 794 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 823 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 841 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 847 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 915 #
2021/0050(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 918 #
2021/0050(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 922 #
2021/0050(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 926 #
2021/0050(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 935 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 939 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 948 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 953 #
2021/0050(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 154 #
2020/2260(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Takes note of the Commission’s study on the cumulative economic impact of EU trade agreements on agriculture, showing that both in a conservative and an ambitious scenario the expected effect of trade agreements on EU agri-food trade until 2030 is a positive overall trade balance as well as increased value, numbers which show that EU trade agreements have a positive effect on the EU agricultural sector;
Amendment 159 #
2020/2260(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls for investments in innovation and competitiveness of EU farmers, and for the Commission to make sure the EU is not acting in a protectionist manner with the EU agricultural sector as a pretext;
Amendment 21 #
2020/2216(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that data access and processing are often indispensable to providing competitive digital services; calls on the Commission to adopt digital trade rules that increase the competitiveness of EU business and facilitate the free transfer of data flows across bordersglobally while respecting EU data protection rules; including by adding ambitious and flexible provisions on cross-border data flows in trade agreements that do not allow for excessive state intervention;
Amendment 48 #
2020/2216(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that production and trade depend on digital information being transported, stored and used across borders;
Amendment 52 #
2020/2216(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Highlights the EU data strategy’s role in building its own single market for data through legislation, including the Data Governance Act and the forthcoming Data Act;
Amendment 53 #
2020/2216(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Underlines the fact that competitive access to data is of crucial importance for the development of AI technology, which will be increasingly important in several sectors in society; stresses therefore that researchers and businesses need to be given greater freedom to access and use data for AI development;
Amendment 55 #
2020/2216(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Draws attention to the legal unpredictability faced by AI technology developers because of inadequate coordination of data protection and ethics issues relating to AI at EU level; asks the Commission therefore to submit guidance for pre-approved data usage procedures, as well as for pseudonymisation and anonymisation, in order to increase legal predictability for AI technology developers; considers that national authorities should follow that EU guidance, when exercising their public authority, as a way of ensuring consistent regulatory compliance and removing obstacles to the functioning of the digital single market;
Amendment 56 #
2020/2216(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Recognises the ambition to make the EU a world leader in the development and application of AI and underlines the fact that the EU should position itself as a global leader in the development of ethical and legal norms and standards for the use of AI, potentially setting standards for the rest of the world;
Amendment 57 #
2020/2216(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Notes that SMEs are hardest hit by opaque bureaucracy and excessive regulatory burdens and, accordingly, underlines the fact that legislation needs to be simplified and clarified in order to promote the development and use by them of digital technologies, in particular AI;
Amendment 58 #
2020/2216(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6 g. Highlights the fact that the size of the single market constitutes the main potential for increased digital competitiveness and innovation in Europe and that therefore any fragmentation and any unwarranted border barriers to data flows, collaborative research and exports of digital goods and services between EU countries must be immediately eliminated so as to ensure that society reaps the full benefits of the EU market;
Amendment 59 #
2020/2216(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6 h. Encourages the Commission to evaluate the possibilities to facilitate data flows with strategically important third countries and strengthen the links to like- minded democracies and market economies in the area of data; especially crucial is the cooperation with the United Kingdom which has an important role in the global digital economy; encourages therefore the Commission to include the UK in the aspirations to create a seamless European single market for data; takes note in this regard of the grace period of 4+ 2 months for data transfers provided for in the Trade and Cooperation Agreement between the EU and the UK, and encourages the Commission to urgently ensure continued data flows between the two partners, with respect for data protection rules as a precondition;
Amendment 1 #
2020/2137(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. stresses that it is the sole responsibility of states and governments to safeguard human rights, their society, nature and environment in their countries and that this responsibility shall not be transferred to private actors.
Amendment 2 #
2020/2137(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. recalls that the EU economy is facing the biggest global economic crisis since the Great Depression with companies all over Europe hit especially hard; stresses that especially at this time no legislative initiatives of economically inhibiting or damaging nature, such as those imposing higher administrative burdens or causing legal uncertainty, shall be taken.
Amendment 3 #
2020/2137(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. requires that, before any initiative is proposed, an impact assessment is carried out focusing on: a) the administrative burden on business b) value added by EU companies c) employment by EU companies d) engagement of EU companies in international markets
Amendment 4 #
2020/2137(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. recalls the importance of transitional periods in order to create legal certainty and good legislation ; stresses in this context the need for a transitional period of at least 7 years in order to allow companies to implement any new measures.
Amendment 10 #
2020/2137(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates that global valuesupply chains are the key feature of the global economy and that trade policy mustcan contribute to a transparent production process throughout the valuesupply chain and demonstrate compliance with environmental, social and safety standards;
Amendment 16 #
2020/2137(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that sustainable corporate governance can help the EU to build a more resilient and sustainable economy, improve the level playing field and protect EU businesses and citizens,in order to maintain Europe's international competitiveness and protect EU businesses from unfair competitive advantages of third countries resulting from lower protection standards and is therefore hugely beneficial to EU trade policy;
Amendment 30 #
2020/2137(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the COVID-19 crisis has exposed the vulnerabilities of unregulatedin global supply chains, and that businesses withvoluntary better environmental, social and governance practices and risk mitigation processes weather the crisis betterbased on established approaches such as the UN Guiding Principles and the OECD Guidelines for Multinational Enterprises can contribute to making companies more resilient in times of crisis;
Amendment 35 #
2020/2137(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 47 #
2020/2137(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 58 #
2020/2137(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that theany new EU requirements to disclose information on how sustainability issues affect the company and how the company affects society and the environment should include the sharing of all relevant information on all actors throughout the entire supply chain; not overlap with existing reporting requirements (e.g. non financial reporting directive) and their scope and that any new EU requirements must be in accordance with the various international reporting standards like GRI, SASB, IIRC, etc to ensure a level playing field for European companies; reiterates the necessity of avoiding any additional administrative burdens for companies, especially SMEs;
Amendment 70 #
2020/2137(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that sustainable corporate governance cannot reach its full potential without due diligence legislation that requires companies to identify, prevent, mitigate and account for human rights abuses and environmental damage in theire importance of discussing due diligence measures in the context of sustainable corporate governance in order to identify, prevent, mitigate possible human rights violation in global valuesupply chains.
Amendment 9 #
2020/2131(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Regrets the serious impact of the COVID19 pandemic and necessary health measures implemented to suppress the spread, including the lockdown of economies, on global trade with both imports and exports of the EU being reduced and value chains interrupted or halted as a result; Notes that further disruption will be experienced by European businesses due the United Kingdom leaving the European Union and the Commission must therefore ensure that trade flows and sustained value chains, including trading routes for freight traffic across the EU, remain open to allow free access to sales markets maintain integrity of the single market.
Amendment 13 #
2020/2131(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Whereas SMEs represent 99 % of all businesses in the EU, and in the past five years SMEs have created around 85 % of new jobs and provided two-thirds of the total private sector employment in the EU;
Amendment 18 #
2020/2131(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Whereas for the European Union, the average contribution to the economy by SMEs is around 56 percent;
Amendment 19 #
2020/2131(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
Amendment 20 #
2020/2131(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Whereas the COVID-19 virus and following lockdowns has caused profound disruptions to global supply chains and trade;
Amendment 21 #
2020/2131(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Whereas trade and investment barriers, administrative costs and bureaucracy affect SMEs disproportionally due to their size and limited resources to overcome them, SMEs benefit more from rule-based trade opening than large companies;
Amendment 22 #
2020/2131(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1 f. Whereas the purpose of the Small Business Act for Europe (SBA) and the Think Small First principle is to increase competitiveness and support entrepreneurship;
Amendment 23 #
2020/2131(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1 g. Whereas only 9 % of EU SMEs protect their intellectual property rights (IPR), partly due to differing national legislation within the EU;
Amendment 24 #
2020/2131(INI)
Draft opinion
Paragraph 1 h (new)
Paragraph 1 h (new)
1 h. Whereas already before COVID- 19, European competitiveness was lagging behind other developed economies, threatening Europe’s potential to generate wealth and prosperity;
Amendment 25 #
2020/2131(INI)
Draft opinion
Paragraph 1 i (new)
Paragraph 1 i (new)
1 i. Stresses that SMEs need clear, consistent and predictable legislation in order to grow and create jobs;
Amendment 28 #
2020/2131(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Encourages the Commission to fully support SMEs in overcoming all barriers that prevent their access to third- country markets; requests the inclusion of an SME chapter in every trade agreement as done in the EU-Japan agreement and the modernised Agreement with Mexico, and that they should be included when revising existing FTAs; underlines the need for the effective enforcement of trade agreements, especially for SMEs, as a priority task of the Chief Trade Enforcement Officer;
Amendment 43 #
2020/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to take greater account of the role of SMEsfacilitate participation of SMEs in public procurement when it comes to negotiating public procurement chapters in trade agreements; welcomes the announcement from the Commission that it will launch a new information portal on customs procedures and formalitieprovide user- friendly, up-to-date and practical information on trade policy and in particular on FTAs; calls on the Commission to deliver on its objective of launching a simplified self-assessment tool for rules of origin and life cycle analysis, where a particular focus should be placed on risk assessment, to help SMEs assess whether a product benefits from preferences under a given trade agreement and how they can take advantage of strategic diversification of supply chains;
Amendment 47 #
2020/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that access to financing is essential for SMEs; asks the European Investment Bank to pay particular attention to SMEs when defining its policies; draws particular attention to SMEs, which need funding, such as micro financing loans, and technical assistance to comply with the Green Deal and digitalisation objectives in order to remain competitive;as well as reducing regulatory burden in order to remain competitive; Notes that the Commission needs to remove barriers to green growth and eco-innovation for SMEs to ensure that the Green Deal is an economic opportunity for SMEs.
Amendment 62 #
2020/2131(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for a particular focus on SMEs in the current EU trade policy review in order to create better opportunities for SMEs; asks the Commission to make the "Think Small First" principle a vocal point of European trade policy to spur growth and development of SMEs;
Amendment 64 #
2020/2131(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Reiterates its call on the Commission to monitor the effects of its trade policy on SMEs, for example by ensuring a good representation of SMEs in the public consultation process in order to make sure that their views are properly and adequately collected, analysed and represented in the impact assessments;
Amendment 67 #
2020/2131(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Calls on the Commission, Member States and local governments to make business climate and competitiveness paramount priorities on their political agendas, and foster an entrepreneurial culture throughout the single market, where innovation, problem solving, risk taking, job creation and contributing to the prosperity of the EU is rewarded;
Amendment 70 #
2020/2131(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Welcomes the Commission’s commitment to introduce a "one in - one out" principle when creating new laws as a first step to stem the tide of new regulation and cut red tape, but reminds that it merely maintains status quo, which is not a sufficient ambition; calls also for more clarity on how the Commission intends integrate this principle in terms of trade policy;
Amendment 73 #
2020/2131(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Calls on the Commission to present a roadmap towards achieving a reduction of at least 30 % of outdated rules and regulations affecting SMEs, in order to decrease administrative burdens and cost pressure, promote competitiveness and make a real impact for SMEs to grow and prosper within the EU;
Amendment 74 #
2020/2131(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Stresses the importance of IPR strategies for SMEs in order for them to protect their R&D investments and collect growth capital; calls therefore for a reinforcement of cross-border cooperation on IPR, for example through a wide territorial application of the new Unitary Patent (UP)/ Unitary Patent Court (UPC) framework throughout the EU, which could increase legal certainty and lower cost for SMEs to ensure IPR and operate on a European level;
Amendment 14 #
2020/2117(INI)
Motion for a resolution
Recital K (new)
Recital K (new)
K. whereas the divisions within the WTO and the urgent need for its reform, complicated the coordinated response to keep global supply chains open, and the priority now must be to rebuild trust in multilateral institutions being able to deliver global answers, by rapidly moving forward on the discussions on the WTO Trade and Health Initiative;
Amendment 28 #
2020/2117(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the mainstreaming of the European Green Deal into the cCommunication on the Trade Policy Review (TPR) and calls for a concrete action plan to make this ambition a reafor an assertive trade policy geared towards multilateralism, resilience, and sustainability;
Amendment 35 #
2020/2117(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the incorporationat the EU will propose the respect of the Paris Agreement to be considered as an essential element in allfuture trade, and investment and partnership agreements; stresses that ratification of the International Labour Organizgreements; reminds the Commission that the respect and implementation (of ILO) core conventions and respect for human rights are requirements for concluding FTAcommitments of its recent trade agreements; asks for ambitious chapters on digital trade, gender, and on small and medium-sized enterprises (SMEs) to be included in allnew trade agreements;
Amendment 42 #
2020/2117(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the incorporation of the Paris Agreement as an essential element in all trade, investment and partnership agreements; stresses that ratification of the International Labour Organization (ILO) core conventions and respect for human rights are requirementimportant considerations for concluding FTAs; asks for ambitious chapters on gender and on small and medium-sized enterprises (SMEs) to be included in all trade agreements;
Amendment 53 #
2020/2117(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the post-COVID-19 recovery is a unique opportunity to set the agenda for sustainable growth; calls on the Commission, therefore, to present its review of the 15-point action plan on TSD chapters without delay; expects the review to address the enforceability of TSD commitments as a matter of urgency, as it is not currently included; recalls, in this regard, the non-paper from the Netherlands and France on trade, social economic effects and sustainable development11 ; suggests that, as a minimum, recent advances in enforceability should be applied to EU trade policy, namely the ability to tackle any non-compliance by partners through unilateral sanctions, including the introduction of tariffs or quotas on certain products or the cross- suspension of other parts of an agreement; emphasizes the role of the Chief Trade Enforcement Officer in this regard, calling for close cooperation with the European Parliament’s International Trade Committee in the monitoring and scrutiny of TSD enforcement; __________________ 11Non-paper from the Netherlands and France on trade, social economic effects and sustainable development, accessed at ‘the Netherlands at International Organisations (permanentrepresentations.nl)’.
Amendment 55 #
2020/2117(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to move away from a “brown/green” product distinction, which dictated “good” and “bad” goods and services, and instead promote life cycle analysis and impact assessments to achieve fair and accurate sustainable trade;
Amendment 75 #
2020/2117(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the EU to take a leading role at a multilateral level to end hmarmfulket distorting subsidies by advocating for a common rulebook, including transparency and strict regulation and disciplines in trade agreements and at the World Trade Organization (WTO); stresses the importance of drawing up sustainability impact assessments on an ex-ante, intermediate and ex-post basis; stresses the need to develop a comprehensive framework with concrete targets to advance the SDGs, the Green Deal and the ILO Decent Work Agenda in trade and investment agreements; emphasises that new agreements should only be concluded once these targets have been fulfilledcarefully consider progress in third country efforts to meet sustainability targets and that existing agreements should be revised accordingly in due time;
Amendment 85 #
2020/2117(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. EWelcomes the Access2Market gateway and the Commission’s efforts in promoting this tool across the Europe; emphasiszes that transparency and dialogue with stakeholders and citizens are key to creating support for trade policy; insists that the role and responsibilities of and to harness its benefits; insists that the EU must deepen its engagement with Member States, the private sector, civil society, and domestic advisory groups must be clearly defined in the EU’s international agreementsall other relevant actors, as well as with trade partner and developing partner countries, and that financial assistance must be duly accompanied by capacity- building measures to enable itin order for them to function effectively and with particular attention paid to SMEs taking better advantage of trade agreements and to trade facilitation measures;
Amendment 99 #
2020/2117(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of fairresilient and sustainable value chains that respect human rights, labour rights and environmental standards; recalls that mandatory due diligence throughout the entire supply chain is a necessaryis an instrument to achieve this; stresses that more attention should be paid to the vulnerabile positiones of micro, small and medium-sized enterprises (MSMEs), especially in developing countries, wheremarkets and in their manufacturing capacities as large companies are more likely to overcome a sudden drop in demandexogenous shocks;
Amendment 110 #
2020/2117(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that global value chains often involve an uneven distribution of risks, particularly in the garment sector; deplores the fact that during the pandemic this uneven distribution has led to European businesses offloading the costs of lower demand onto producers in developing countries by cancelling orders that were already produced and in some cases even shippedsymmetrical effects and distribution of risks; deplores that least developed countries (LDCs), low-income and middle-income (LICs and MICs) countries were hit the hardest in numerous sectors by trade disruptions triggered by the COVID-19 pandemic; calls the Commission to act as a global player and to tailor its support towards LDCs, LICs and MICs, while taking into consideration the particular circumstances of COVID-19; calls on the Commission to engage with Member States, local governments, the private sector and civil society to achieve a fairer distribution of risksnegative impacts and across the supply chains;
Amendment 123 #
2020/2117(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that openness should go hand in hand with safeguarding our strategic sectors and should be closely connected with an ambitious, forward- looking industrial policy in line with the Green Deal and digital strategy, which can increase the EU’s capabilities to withstand future shocks in strategic sectors and ensure the competitiveness of EU businesses, creating quality jobs and ensuring that Europe plays a crucial role in the production of innovative goods and future services;
Amendment 128 #
2020/2117(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that openness should go hand in hand with safeguarding our strategic sectors and should be closely connected with an ambitious, forward- looking industrial policy in line with the Green Deal and digital strategy, creating quality jobs and ensuring that Europe plays a crucial role in the production of innovative goods and future services; supply chain diversification and resilience should be a key priority for the revised EU Trade Policy; highlights the coupling of trade and security interests and calls for a proportional strengthening of FDI Screening, complementing Member State efforts to safeguard European strategic sectors, preventing the establishment of detrimental and exploitable economic dependencies with non-EU actors;
Amendment 131 #
2020/2117(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the EU is too dependent on a limited number of suppliers for critical goods and services; insists that the EU should overcome these undesirable dependenciesWelcomes a fact-based discussion on the EU’s dependency for strategic goods; stresses in this regard that studies suggest that the EU is not overly dependent on the rest of the world for critical supplies as most of its trade takes place within its own borders; the imports for which there is only non-EU suppliers only account for a rough percent, while not a single good that is Covid-19 critical comes from non-EU countries only; is of the view that interdependency and multilateralism creates resilience; insists that the EU should further strengthen its supply via a mix of policies to incentivise companies to stockpile,ing and diversifyication of sourcing strategies and promote nearshoring, which could create new trading opportunitwhile ensuring that global supply chains remain in place to ensure flexibility and resilience; believes that the key to secure supply is to keep trade open and diversified and refrain from setting up unnecessary trade barriers for partners in the Eastern and Southern Neighbourhoodsteer companies strategies; underlines therefore that any re- or nearshoring of production should be the sole decision of the companies themselves;
Amendment 150 #
2020/2117(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to come up with a digital trade strategy to increase the market access of European businesses and protect EU citizens’ rights under the GDPR13 ; underlines the acceleration of the digital revolution due to COVID-19 and stresses the importance of the EU taking the lead in setting standards for a sustainable, digital-driven global economy and keeping international data flows open; encourages in this regard meaningful progress in the e-commerce negotiations ahead of the WTO ministerial conference at the end of the year; __________________ 13Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 157 #
2020/2117(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for incentives for EU businesses to shorten or adjustfacilitating and enabling EU businesses to increase the resilience of their supply chains where it is beneficial to do so, with a view to ensuring that external social, environmental and economic costs are fully internalised in the price in line withEU supply chains can contribute to the goals of EU policies such as the Farm to Fork Strategy, the Circular Economy Action Plan, the Biodiversity Strategy and stepping up EU action to protect and restore the world’s forests;
Amendment 173 #
2020/2117(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises, in this connection, the detrimental effects of unilateral measures such as export restrictions and prohibitions and the lack of transparency on global stocks and the subsequent price speculation on scarce essential goods, not least for low and middle-income countries; calls, therefore, forthe EU to encourage the adoption of the WTO trade and health initiative by the end of 2021 and for greater transparency on the supply and production of essentialto encourage stronger global cooperation, including increased transparency, production of medical products, resilience of global healthcare system, and accessible and affordable medical products and services;
Amendment 193 #
2020/2117(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that the vaccines against COVID-19 and its variants are a global public good and that multilateral efforts should be focused on ramping up global production capacities and technology transferlicensing agreements, including in low and middle- income countries; strongly welcomes, in this regard, the Global C19 Vaccine Supply Chain and Manufacturing Summit held on 8 and 9 March 2021 and calls for the establishment of structural platforms to rapidly scale up vaccine production in more countries;
Amendment 202 #
2020/2117(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that international trade policy must play a proactive role in this endeavour by facilitating trade in raw materials, alleviating shortages of qualified and experienced personnel, solving supply chain problems and revisiting the global framework for intellectual property rights for future pandemics; insists, in this regard, on a constructive dialogue about a temporary wai; recognises the critical role of the existing intellectual property framework in enabling an unprecedented leverl of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in order to ensure that countries do not face retaliation over COVID-19 related patent infringements during the pandemicspeed in developing vaccines and therapies against COVID-19 and in facilitating the broad collaboration amongst governments, research institutions, and pharmaceutical companies;
Amendment 204 #
2020/2117(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that international trade policy must play a proactive role in this endeavour by facilitating trade in raw materials, alleviating shortages of qualified and experienced personnel, solving supply chain problems and revisit; insists, ing the global framework for intellectual property riis regard, that no concrete evidence has been broughts for future pandemics; insists, in this regard, on a constructive dialogue abouward showing that IP rights constitute a barrier to combatting COVID-19; considers that a temporary waiver of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in order to ensure that countries do not face retaliation over COVID-19 related patent infringements during the pandemicwill not enhance vaccine production and technology/know how transfer and that destabilising the multilateral IP legal framework, which currently provides protection and incentives, will undermine EU preparedness against mutations and future pandemics; notes that LDCs already are exempt from a bulk of substantial TRIPS obligations;
Amendment 209 #
2020/2117(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Commission to set out concrete and specific actions and a roadmap to implement the concept of open strategic autonomy; recalls the geopolitical significance of a strong, diversified and resilient EU trade policy; stresses that the EU’s market strength, values and adherence to cooperation, fairness and rule-based trade should be the basis of such openness; strongly recommends that the EU seeks out partnerships with like-mindednew and consolidates existing partnerships with like-minded partners; urges, to this end, the Commission to push forward and finalize ongoing bilateral negotiations with international partners; stresses, however, that where cooperation is not possible, the EU should pursue its interests through autonomous measures to protect its values and fight unfair trading practices;
Amendment 220 #
2020/2117(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the TPR’s affirmation of multilateralism and extensive proposals for the necessary in-depth reform of the WTO across all its functions; shares the Commission’s emphasis on economic recovery, digital trade, unfair state subsidies, and sustainable development in its vision for WTO reform and urges the Commission to bring to bear all efforts to implement a sustainable developmentits agenda; stresses the importance of taking forward the WTO initiative on trade and climate;
Amendment 226 #
2020/2117(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the TPR’s affirmation of multilateralism and extensive proposals for the necessary in-depth reform of the WTO; shares the Commission’s emphasis on sustainable development in its vision for WTO reform and urges the Commission to bring to bear all efforts to implement a sustainable development agenda; stresses the importance of taking forward the WTO initiative on trade and climate; stresses the importance of effective dispute settlement to establish stability and predictability in the multilateral trading system and the need to solve the current situation of the appellate body in cooperation with the United States, in order to make it operational again and in this way ensure that trade disputes can be properly solved;
Amendment 231 #
2020/2117(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises that reviving the WTO negotiating function will play a key role in any substantial reform of the organisation; highlights, in particular, the need to address competitive distortions caused by industrial subsidies and state-owned enterprises, particularly from China; calls for the Commission to actively pursue a solution to the mismatch between the level of development and the number of commitments undertaken within the international trading system; is convinced that EU leadership isand transatlantic cooperation are crucial for any meaningful WTO reform to succeed;
Amendment 247 #
2020/2117(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the new, forward-looking transatlantic agenda based on common interests and shared values; urges the Commission and the US administration to cooperate closely in order to secure a level playing field and to agree on ambitious social and environmental standards and build on each other’s experience to enforce these more efficiently; calls for joint efforts to overcome the pandemic, speed up the economic recovery and facilitate trade in essential medical goods; reiterates that we should work together to achieve meaningful WTO reform and find common solutions to common problems; supports the Commission’s Communication on ‘A new EU-US agenda for global change’ and calls for the swift establishment of a new EU-US Trade and Technology Council;
Amendment 250 #
2020/2117(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is aware of the importance of the EU’s multifaceted trade relationship with China; firmly believes that EU-China trade relations require a more balanced and reciprocal approach; stresses that the upcoming ratification process of the EU- China Comprehensive Agreement on Investment can only begin once the EU has the requisite autonomous measures in place, including a ban on products made using forced labour, an upgraded trade defence toolbox and a working sanctions mechanism on human rights; demands that the Commission move forward withhas to be accompanied by substantial progress in the elaboration of suitable and effective autonomous measures, to be deployed in efforts to counter market-distorting practices or to defend strategic EU interests, including a ban on products made using forced labour, an upgraded trade defence toolbox and a working sanctions mechanism on human rights; underlines that Parliament will carefully scrutinise the agreement, including its provisions on sustainable development and reminds the Commission that it will take the human rights situation in China, including in Hong Kong, into account when asked to endorse the Iinvestment Agreement with Taiwaagreement; deeply regrets the unacceptable Chinese escalation of placing elected Members of the European Parliament and European Union institutions under sanctions, as this further erodes trust and hinders bilateral cooperation;
Amendment 258 #
2020/2117(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Underlines the vital added value of engaging in consolidated economic and commercial relations with the wider Asia- Pacific region, manifesting the concept of Open Strategic Autonomy through a diversification of EU supply chains; stresses the strategic need of contributing to regional and global trade and investment standard-setting, recalling that the normative playing field is an area where the EU needs to exercise its influence, in line with its geo-economic ambitions;
Amendment 262 #
2020/2117(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Urges the Commission to move forward with the Investment Agreement with Taiwan, taking the necessary steps for a scoping exercise, impact assessment and launching a public consultation; reiterates the importance of the bilateral structural dialogue, including on matters related to multilateralism and WTO, technology and public health, as well as essential cooperation on critical supplies such as semiconductors;
Amendment 265 #
2020/2117(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the TPR’s engagement towards Africa and the Eastern and Southern Neighbourhoods and looks forward to concrete steps to deepen the EU’s relations with these partners; stresses the importance of engaging in an effective, sustained and constructive fashion the Eastern Partnership countries, consolidating existing DCFTAs and providing mutually beneficial economic cooperation with these actors of key geopolitical relevance for the EU’s strategic agenda; reiterates the importance of a strategic and sustainable partnership with Southeast Asia, India and Latin America;
Amendment 18 #
2020/2115(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the importance of the EU strategic relationship with China and calls on the Members States and Institutions to address China with one voice and adopt a coordinated approach. Emphasises the need to ensure a level playing field, reciprocity and a non- discriminatory treatment of the respective parties, business communities and civil society. Reiterates calls on China to move forward on an ambitious reform of the WTO, including comprehensive rules on industrial subsidies, and recognises the concerns regarding market-distorting practices of Chinese State-Owned Enterprises, forced technology transfers and data localisation, overcapacities and related dumped exports, and other unfair trading practices. Believes that extending the level playing field to third markets is of paramount importance for the long- term opportunities of European businesses.
Amendment 25 #
2020/2115(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of the existing network of bilateral, regional and multilateral trade agreements and the bilateral cooperation between the EU and Asian partners, with successful examples of strategic partnerships in Japan, South Korea and Singapore; Recognises that the ASEAN region is the EU's third largest trading partner outside Europe, after the US and China, and ensuring better access for EU exporters to the this market and enhancing cooperation through strategic partnerships and investment protection agreements should be a priority for the EU. In this respect, opines, that negotiations with Taiwan on a Bilateral Investment Agreement (BIA) should be conducted.
Amendment 37 #
2020/2115(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to ensure the enforcement of trade agreements and make existing ones more ambitious, in particular by promoting sustainable EU norms and standards; Calls on the Commission to implement fully trade defence instruments to ensure that European businesses are not subjected to unfair trading practices and tackle distortions in prices and costs that are not a result of free market forces.
Amendment 3 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. TUrges in light of the current crisis the Commission to focus on SMEs as the backbone of our economy, to boost the economic recovery and competitiveness of the EU; takes note of the Commission’s initiatives to support European SMEs’ access to international markets; stresses, however, that SMEs have to deal with too many regulations and burdens and excessive bureaucracy; stresses that SMEs are kept at a competitive disadvantage by investing in climate neutrality to comply with the Green Deal while trying to remain competitive and thrive on export markets; stresses therefore the need to further improve the business environment in the EU i.e. by facilitating easier access to finance; underlines that cutting red tape and easing of bureaucratic burdens should remain a priority and that legal certainty, evidence based policy, assessments of impact and cost efficiency must be ensured before introducing new EU rules; reminds the Commission of the One-in-one-out principle; highlights in this sense the importance of effective communication and awareness raising campaigns; welcomes the Commission’s objective to launch early in 2020 a dedicated rules of origin self-assessment tool for SMEs on the future Access2Market platform to help companies assess whether a product can benefit from preferences under a given EU trade agreement, in order to facilitate SMEs’ utilisation of preferences under EU trade agreements;
Amendment 12 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Takes note that between the years 2007 and 2017 global GDP increased with more than 70 percent; comparing however the EU increase of 17 percent to countries such as the United States (60 percent), India (80 percent) and China(315 percent), the EU was falling behind in global competitiveness already before; notes that world trade is expected to fall between 13 and 32 percent and EU GDP by 7,5 percent in 2020 due to the effects of COVID-19; stresses therefore that with rapidly declining global economies, a reindustrialisation of Europe is needed and the EU must gather forces to save companies and jobs to that end;
Amendment 16 #
2020/2076(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses the need for a strong commitment of the Member States for the future of the European industry, for the EU to become a climate neutral continent by 2050 and a world leader in low-carbon, sustainable and digitalised technologies, while avoiding carbon leakage; underlines that our climate ambition must not lead to the deindustrialisation of the EU but to sustainable solutions being made more competitive and circular economy opportunities increased; calls for enabling research and innovation, ensuring that the EU attracts the necessary skills and in this way promote the global competitiveness of the EU;
Amendment 19 #
2020/2076(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Notes that the COVID-19 crisis has emphasised the need for digital solutions, trade and business models; welcomes therefore the Commission’s aim towards EU digital leadership, for example by advancing the WTO negotiations for global rules on electronic commerce; calls for openness to a meaningful outcome of those negotiations to facilitate the flow of data across borders and address unjustified barriers to trade by electronic means, in full conformity with EU privacy and data protection law, including the GDPR, and to make use of the flexibility given by the negotiating directives;
Amendment 22 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to focus on domestic productivity within Europe, in order to establish less dependence on vulnerableBelieves that EU resilience can be achieved through the diversification of our trading relations, supply chains and strategic stocks; calls on the Commission to focus on securing the supply within Europe, by establishing strategic diversification of supply chains in core industry sectors such as the tech and telecommunications, medical products and, pharmaceuticals sectorand agricultural products, especially in times of global crisis, and to remain competitive on the global markets; welcomes trade agreements as a way to facilitate diversification of value chains and reinforce EU industry and production; calls on the Commission to continue striking ambitious free trade agreements, which focus on ensuring a level playing field and improved access to public procurement markets; expects in this regard to conclude the FTAs with Australia, New Zealand, Indonesia as well as the PCA with Thailand and encourages the swift ratification of the EU-Mexico and EU-Mercosur FTAs; proposes to the Commission a re-launch of ambitious negotiations with India and scoping exercise with Taiwan; stresses also the importance of including and further developing SME-chapters in all FTAs as a way to promote trade for SMEs;
Amendment 40 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports, in principle, the initiative to reinforce a rule-based multilateral trading system; expresses its concern, however, about the functioning of the WTO, owing to some international actors abusing their market power; calls on the Commission to ensure a rules-based multilateral system fit for a stronger EU in the world with open and fair trade, while aiming at sustainable economic recovery; stresses that fair and free trade can only function within a fully operational WTO; calls therefore on the Commission to focus its international efforts to mobilise international partners to reform the WTO, while creating a level playing field and combatting unfair trade and investment practices, and exploring the possibilities for a broader plurilateral initiative related to healthcare products as well as to e-commerce;
Amendment 51 #
2020/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Points out that the EU is by far the world’s biggest exporter of services and that they represent about 70 percent of EU GDP; stresses therefore the need to further liberalise services through FTAs, welcomes the ongoing plurilateral negotiations within the WTO on key areas of trade in services;
Amendment 52 #
2020/2076(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Underlines its determination to establish a relationship as close as possible with the United Kingdom, a country that will remain a partner, ally and friend inside Europe; encourages the Commission to seize the momentum caused by the withdrawal to streamline our EU-policies, cut red tape and enhance competitiveness for European companies and SMEs; stresses that the FTA should aim to allow for market access and trade facilitation as close as possible in order to minimize trade disruptions, underpinned by level playing field provisions ensuring high standards in social, labour and environmental protection as well as competition and State aid policies; reiterates its calls on the Commission to make a new and comprehensive UK- EU strategic partnership agreement that goes well beyond trade, in line with the Political Declaration of October 2019;
Amendment 66 #
2020/2076(INI)
5. Calls for the reinforcement of the safeguard instruments in order to make them more efficient and better adapted to protect European industry and to tackle market distortions effectivelya review of the Union's international trade and investment policy and for the Commission to assess the EU trade toolbox, to actively explore the possibilities to tackle market distortions and defend the EU from abusive practices;
Amendment 75 #
2020/2076(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to strengthen the screening of foreign direct investment and to protect access to strategic industries, infrastructure, key enabling technologies, or any other assets in the interests of security and cybersecurity. and to safeguard competitiveness in the European Single Market, in order to guarantee the safety of European people and companies; stresses however the importance of balance and using such an FDI screening mechanism only when necessary, in order to avoid the EU itself becoming protectionist; highlights the importance of better coordination between Member State activities, with a focus on coherence, effectiveness and transparency;
Amendment 52 #
2020/2071(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls also for the EU to unilaterally and temporarily eliminate tariffs on medical and pharmaceutical products to facilitate imports of these goods;
Amendment 2 #
2020/2058(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 99 #
2020/2058(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the success of the EU’s aim to achieve climate neutrality will, among other factors, depend on the adequacy of the financing;
Amendment 104 #
2020/2058(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers it essential that the SEIP provides for and enables additional investment with real added value and does not crowd out market financing;
Amendment 109 #
2020/2058(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Emphasises that the transition cannot be done simply with public funds; calls on the Commission when developing the SEIP to encourage and enable private investments;
Amendment 110 #
2020/2058(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines that, even with ambitious funding, the available funds will not be unlimited; calls on the Commission to establish a robust framework for reporting and monitoring to ensure that spending has a real impact;
Amendment 189 #
2020/2058(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the central role of the EU budget in delivering the SEIP; reiterates its long-standing position that new initiatives should always be financed through additional appropriations and should not negatively affect other policies;
Amendment 217 #
2020/2058(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines the need for prioritisation among the MFF expenditures;
Amendment 288 #
2020/2058(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. SupportNotes the Commission’s innovative approach in stating that the EU budget will contribute to achieving climate objectives also through its revenue side;
Amendment 290 #
2020/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reaffirmcalls its previous position regarding candidates for new own resources, and calls on the Commission to propose new own resources which correspond to essential EU objectives including the fight against climate change and the protection of the environment; asks, therefore, for the introduction of new own resources based on the auction revenues of the Emissions Trading System, a contribution on non-recycled plastic packaging waste, the future Carbon Border Adjustment Mechanism, a Common Consolidated Corporate Tax Base or a precursor based on operations of large enterprises, a tax on digital companies, and a financial transaction tax;
Amendment 373 #
2020/2058(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the statement of the ECB President that the ECB is supporting the development of a taxonomy as a way of facilitating the incorporation of environmental considerations in central bank portfolios; calls on the ECB to evaluate the feasibility of including sustainability criteria in its collateral framework and its annual stress testing exercise, while assessing ways to guide lending towards energy transition investments and to rebuild a sustainable economy in the aftermath of the COVID- 19 crisis;
Amendment 405 #
2020/2058(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 415 #
2020/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 435 #
2020/2058(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that investments in unsustainable economic activities may lead to stranded assets with lock-in effects; considerspoints out that this risk needs to be insufficiently integrated in credit ratings and prudential frameworks;
Amendment 444 #
2020/2058(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls that sustainable investments do not necessarily come with a lower risk-profile than other types of investments; points out that sustainability considerations must therefore not come at the expense of financial stability considerations;
Amendment 455 #
2020/2058(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the introduction of an enabling framework for public sustainable investments to achieve the goals set out in the European Green Deal, but stresses that whatever financing model is chosen must not undermine the sustainability of public finance in the EU; supports the commitment by EVP Dombrovskis to explore how taxonomy can be used in the public sector; calls for public support for airlines to be used in a sustainable and efficient mannerStresses that increased levels of public sustainable investments must not undermine the sustainability of public finance in the EU;
Amendment 473 #
2020/2058(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Rejects the idea of an enabling framework for public sustainable investments or any 'fast-track-procedure' under the Stability and Growth Pact;
Amendment 490 #
2020/2058(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that the European Semester is a framework for EU Member States to coordinate their budgetary and economic policies; believes that ithe European Semester is not the right crouldte to facilitate the implementation of the European Green Deal, the European Pillar of Social Rights and the UN Sustainable Development Goals (SDGs); believes that the SDGs should be at the heart of EU’s policy making processcompetitiveness and sound fiscal policy should be at the heart of a focussed European Semester;
Amendment 531 #
2020/2058(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 548 #
2020/2058(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 4 #
2020/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Is convinced that a purpose-built trade policy can be an important driver in steering economies towards decarbonisation in order to achieve the climate objectives set in the Paris Agreement and the European Green Deal; emphasises that, as a result of the EU’s increased ambition on climate change, risk of carbon leakage increased consequently; urges the Commission to ensure full carbon-leakage protection in all its policies accordingly; stresses that EU climate policy must be aligned to economic growth and competitiveness for the European industry and SMEs;
Amendment 9 #
2020/2043(INI)
1. Is convinced that a purpose-built trade policy can be an important driver in steering economies towards decarbonisation in order to achieve the climate objectives set in the Paris Agreement and the European Green Deal; but this should be done in proportional and balanced ways, be evidence based and not be used as a cover for protectionism;
Amendment 13 #
2020/2043(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Is convinced that the main objective of a carbon border adjustment mechanism should be to reduce global emissions, while avoiding carbon leakage and upholding competitiveness of European industries.
Amendment 28 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. SupportsTakes note of, in the absence of a global carbon price and a multilateral solution, the Commission’s intent to propose a market-based EU carbon border adjustment mechanism (CBAM) on conditionstresses that it ismust be compatible with EU free trade agreements (FTAs) and WTO rules (by being non- discriminatory and not constituting a disguised restriction on international trade), and that it is proportionate, based on the polluter pays principle and fit for purpose in delivering the climate objectives;
Amendment 33 #
2020/2043(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Commits to evaluate this proposal together with other options to incentivise international climate action and prevent carbon leakage; therefore asks the Commission to consider alternative measures and to thoroughly demonstrate the added value of a carbon border adjustment mechanism; underlines that the final mechanism can only be supported as long as it can be proven efficient to achieve its environmental objectives and does not harm the competitiveness of European companies vis-a-vis non-European companies, especially on markets outside the EU;
Amendment 48 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that while the Union should stand ready to use the general exception clause of Article XX of the General Agreement on Tariffs and Trade (GATT) ashould be the basis for any CBAM design andWTO-compatible CBAM design, the CBAM could also be made WTO-compliant as an internal charge, tax or regulation; stresses that its only rationale should be an environmental one – reducing global CO2 emissions and preventing carbon leakage;
Amendment 68 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for thorough impact assessments and for the utmost transparency of the process leading to the CBAM, as well as engagement with the EU’s trading partners to build coalitions and avoid the mechanism being interpreted as a protectionist action and any possible retaliations as a result;
Amendment 80 #
2020/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that many carbon- and trade- intensive industrial sectors could potentially be impacted by the CBAM, either directly or indirectly, and that it could influence supply chains; emphasises therefore, that any CBAM design should be an additional and complementary measure to existing carbon leakage measures, at least in an initial phase, in order to better monitor the cost effect and to safeguard the global level of competitiveness of the EU industrial sectors vis a vis competition from third countries with non-equivalent CO2 reduction and cost reduction goals; stresses that any CBAM should be easy to administer and not place an undue burden on enterprises, especially small and medium- sized enterprises (SMEs); notes that from a bureaucratic and implementation cost point of view, the CBAM should not be a complicated alternative to the instruments already in use.
Amendment 83 #
2020/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that many carbon- and trade- intensive industrial sectors could potentially be impacted by the CBAM, either directly or indirectly, and that it could influence supply chains; stresses that any CBAM should be introduced gradually to allow time for businesses to adjust, easy to administer and not place an undue burden on enterprises, especially small and medium- sized enterprises (SMEs).; stresses also that the ultimate aim must be to make the CBAM redundant as the rest of the world catches up with the level of ambition the EU has set for reducing CO2 emissions;
Amendment 88 #
2020/2043(INI)
Draft opinion
Paragraph 5 – point 1 (new)
Paragraph 5 – point 1 (new)
(1) Is convinced that if the CBAM is designed and implemented as an import- ETS system, maintaining the existing free allowances would not result to double protection.
Amendment 93 #
2020/2043(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that any mechanism must create an incentive for industries in the EU and abroad to produce clean and competitive products, and avoid carbon leakage, without endangering trade opportunities; highlights 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;
Amendment 98 #
2020/2043(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Strongly emphasises that the success of European companies, including SMEs, depends on access to global markets; underlines the need to deduct costs incurred from carbon taxes, emissions rights under cap-and-trade 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;
Amendment 102 #
2020/2043(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. 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 economy; 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 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 and that a carbon border adjustment mechanism should be designed as an action complementing actions under TSD chapters of the Union’s FTAs;
Amendment 105 #
2020/2043(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
Amendment 4 #
2020/2023(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines the close economic ties and mutual dependence between the UK and the EU and therefore calls for an agreement maintaining, to the greatest extent possible, current transport connectivity.
Amendment 5 #
2020/2023(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 6 #
2020/2023(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Asks for a “think small first” approach, to ensure that measures in the future agreement are designed to facilitate the conducting of business for SMEs.
Amendment 10 #
2020/2023(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Raises concern about the UK’s position on the future partnership with the EU, and thus eEmphasises that rights and privileges entail obligations and that the level of access to the EU single market should fully correspond to the extent of regulatory convergence and commitments agreed with respect to observing a level playing field for open and fair competition with a view to dynamic alignment;
Amendment 32 #
2020/2023(INI)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 47 #
2020/2023(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urges the parties to cooperate closely on the deployment of alternative fuels and charging infrastructure.
Amendment 53 #
2020/2023(INI)
Draft opinion
Paragraph 16
Paragraph 16
16. Stresses that the envisaged partnership should ensure access for the international maritime transport sector, including ports and the shipping industry, with an appropriate level playing field.
Amendment 55 #
2020/2023(INI)
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that the envisaged partnership should ensure proper border- and customs systems are in place in order to prevent disruption and delays in ports when carrying out cargo inspections and customs clearance checks.
Amendment 72 #
2020/2023(INI)
Motion for a resolution
Paragraph 4 – point vi
Paragraph 4 – point vi
(vi) a level playing field, ensuring equivalenthigh standards in social, labour, and environmental, protection as well as competition and State aid policies, including through a robust and comprehensive framework on competition and State aid control;
Amendment 173 #
2020/2023(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. underlines its determination to establish a relationship as close as possible with the United Kingdom, a country that will remain a partner, ally and friend inside Europe; encourages the Commission to seize the momentum caused by the withdrawal to streamline our EU policies, improve our economic environment and enhance competitiveness for European companies and SMEs; stresses that the Agreement should aim to allow for market access and trade facilitation as close as possible in order to minimize trade disruptions; in this regard, considers it to be in the Union interest to create a new UK - EU strategic partnership agreement that goes well beyond trade;
Amendment 192 #
2020/2023(INI)
Motion for a resolution
Paragraph 13 – point iii
Paragraph 13 – point iii
(iii) while striving for the widest possible trade in goods, the Commission should evaluate possible quotas and tariffs for the most sensitive sectors as well as the need for safeguard clauses to protect the integrity of the EU single marketthe need for safeguard clauses to protect Union producers against serious injury from unexpected import surges; reiterates, moreover, that for instance with respect to food and agricultural products, access to the single market is conditional on strict compliance with all EU laws and standards, particularly in the fields of food safety, genetically modified organisms (GMOs), pesticides, geographical indications, animal welfare, labelling and traceability, sanitary and phytosanitary (SPS) standards, and human, animal and plant health;
Amendment 196 #
2020/2023(INI)
Motion for a resolution
Paragraph 13 – point iv
Paragraph 13 – point iv
(iv) rules of origin should mirror the most recent EU FTAs and be based on the interests of EU producersthe EU economy; the Agreement should safeguard the framework of existing commercial relationships between the EU and third countries and avoid any free- riding by ensuring consistency in keeping a tuned tariff and quota system and rules of origin for products vis-à-vis third countries; cumulation provisions should be at least as ambitious as in other FTAs and Association Agreements with neighbourhood countries;
Amendment 199 #
2020/2023(INI)
Motion for a resolution
Paragraph 13 – point v
Paragraph 13 – point v
(v) commitments on anti-dumping and countervailing measures cshould go beyond WTO rules in this area, as appropriatend be commensurate to commitments and enforcement possibilities on competition and state aid;
Amendment 203 #
2020/2023(INI)
Motion for a resolution
Paragraph 13 – point vi
Paragraph 13 – point vi
(vi) commitments on services should be made with the aim of delivering a level of liberalisation in trade in services well beyond the parties’ WTO commitments, building on recent EU FTAs, while safeguarding the high quality of the EU’s public services in accordance with the TFEU and in particular Protocol 26 on Services of General Interest; audio-visual services should be excluded from provisions related to liberalisation; reiterates that under an FTA market access for services is limited and always subject to exclusions, reservations and exceptions; all modes of supply of services should be covered, including commitments on the movement of natural persons across borders (Mode 4) and provisions, linked to EU rules and the respect for equal treatment of workers and recognition of professional qualifications; the arrangements should include provisions on market access and national treatment under host state rules to ensure that EU service providers are treated in a non- discriminatory manner, including with regard to establishment as well as regulatory coordination platforms; the new arrangements should allow for the temporary entry and stay of natural persons for business purposes with the aim of providing services;
Amendment 225 #
2020/2023(INI)
Motion for a resolution
Paragraph 13 – point xii
Paragraph 13 – point xii
(xii) ambitious provisions allowing for the development of digital trade, and to address unjustified barriers to trade by electronic means including data localisation requirements, and ensure an open, secure and trustworthy online environment for businesses and consumers, and regulating cross-border data flows, including principles such as fair competition and ambitious rules for cross- border data transfers, in full compliance with, and without prejudice to, the EU’s current and future data protection and privacy rules and regulatory autonomy in this regard;
Amendment 241 #
2020/2023(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that given the UK’s geographic proximity and economic interdependence with the EU, the breadth and depth of the agreement on a level playing field will be essential in determining the extent of the overall future EU-UK relationship; considers, therefore, that a level playing field must be ensured and EU standards safeguarded in order to avoid a ‘race to the bottom’, with a view to dynamic alignmentprovisions commensurate to the level of ambition and liberalisation of the Agreement must be provided for and EU standards safeguarded in order to ensure sound competition; stresses the need to ensure that the UK does not gain an unfair competitive advantage through the undercutting of levels of protection and to prevent regulatory arbitrage by market operators;
Amendment 259 #
2020/2023(INI)
Motion for a resolution
Paragraph 16 – point iv
Paragraph 16 – point iv
(iv) environmental protection and climate change related standards including the Paris Agreement, the promotion of the UN’s Sustainable Development Goals;
Amendment 308 #
2020/2023(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that both the EU and the UK share principles, values and interests and a commitment to promoting global prosperity, security and effective multilateralism; recalls that the EU and the UK are facing common security challenges; stresses that it is in both sides’ interest to maintain an ambitious, close and lasting cooperation that serves the security of Europe and it citizens and contributes to global stability and stability in the European neighbourhood, the protection of human rights and peace in line with the objectives and principles set out in Article 21 of the TEU;
Amendment 324 #
2020/2023(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the fact that the EU is an important partner for the UK in foreign and security policy, as the need for common responses to address foreign, security and defence policy challenges is crucial to both sides; encourages than effective exchange of information and intelligence as well as close cooperation in the areas of counter-terrorism, space policy, cyberwarfare, hybrid warfare and chemical, biological, radiological and nuclear (CBRN) defence;
Amendment 350 #
2020/2023(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that a number of restrictive measures (sanctions regimes) are currently in force in the UK under EU legislation; underlines the fact that the UK will still be bound to apply UN sanctions regimes following its withdrawal; calls for the establishment of a proper coordination mechanism for sanctions between both parties, and close cooperation on sanctions in global fora, in order to maximise their impact and to ensure convergence and that mutual interests are pursued and met in the promotion of common values; recognises the importance of an effective reinforcement of sanctions in order to maintain international peace and security;
Amendment 7 #
2020/2018(INL)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. Stressing the many positive effects that the increased digitisation of the transport and tourism sectors has had, in the form of increased freedom of choice, better use of resources and easier exchanges between people and businesses;
Amendment 8 #
2020/2018(INL)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. Drawing attention to the great opportunities that exist to further accelerate the digitisation of the transport industry, and whereas, in the light of this, future regulation must be so designed as to facilitate technological development rather than hampering it, at the same time as promoting competition on equal terms;
Amendment 10 #
2020/2018(INL)
Draft opinion
Recital A c (new)
Recital A c (new)
Amendment 26 #
2020/2018(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to clarify the liability of Transport and Tourism platforms; invites the Commission to set a uniform obligation for platforms to verify the legality of the service offered andidentify the service provider and to act on illegal content, through a legally binding Notice and Action procedure.
Amendment 33 #
2020/2018(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to devote particular attention to the situation of SMEs and to design future legislation in such a way as to improve conditions for these undertakings.
Amendment 36 #
2020/2018(INL)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that future legislation must reduce the total administrative burden on SMEs, as one way of increasing their competitiveness.
Amendment 42 #
2020/2018(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of establishing a European Authority tasked with overseeing the online platform market, with offices for Transport and Tourismoverseeing the online platform market at European level.
Amendment 56 #
2020/2018(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Draws attention to the importance of data for the transport industry, to support the technical development of AI and 5G and connected and automated mobility; considers that the Commission should facilitate businesses' innovation and trading in data, in full compliance with EU law on privacy and data protection; takes the view that data needs to flow freely between vehicles and services, between Member States and between the EU and third countries; to this end, data localisation requirements must be avoided, data must be covered by the EU's free trade agreements, and work on decisions on adequacy with various countries must be accelerated.
Amendment 62 #
2020/2018(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to build on the P2B Regulation to limit the dominance of market giants in the Transport and Tourism sector; stresses the urgency for the Commission to establish well defined criteria regarding “size” of platform, with the aim of preserving a diversity of actors, ensuring satisfactory competition and preventing the emergence of monopolies.
Amendment 68 #
2020/2018(INL)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 78 #
2020/2018(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasizes the need for transparency in Transport and Tourism platforms, specifically on algorithms affecting service, pricing, and advertising, but at the same time observes that the degree of transparency must be weighed up against the right to protect vital trade secrets.
Amendment 6 #
2020/2012(INL)
Draft opinion
Recital B
Recital B
B. whereas a European approach to AI needs to include ethical aspects of AI to ensure that it is, robotics and related technologies needs to be in accordance with ethical principles reflecting our European values and principles to ensure that AI, robotics and related technologies are human- centric, enhances human well-being, the well-being of society and the environment, and fully respects EU fundamental rights and values;
Amendment 8 #
2020/2012(INL)
Draft opinion
Recital D
Recital D
D. whereas the EU aimed to reduce annual road fatalities in the EU by 50% by 2020 compared to 2010, but, in view of stagnating progress, renewed its efforts in its Road Safety Policy Framework 2021 - 2030 - Next steps towards "Vision Zero"; whereas in this regard, AI, automation and other new technologies have a great potential to increase road safety by avoidingpotentially reducing the possibilities for human error;
Amendment 14 #
2020/2012(INL)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. Drawing attention to the great opportunities that exist to make greater use of AI technology in the transport industry, and whereas, in the light of this, future regulation must be so designed as to facilitate technological development rather than hampering it;
Amendment 15 #
2020/2012(INL)
Draft opinion
Recital D b (new)
Recital D b (new)
D b. whereas such new business opportunities may contribute to the recovery of the European industry after the current health and economic crisis; whereas such opportunities will create new jobs as the uptake of AI and related technologies has the potential to increase businesses' productivity levels and contribute to efficiency gains; whereas innovation programs in this area can enable regional clusters to thrive.
Amendment 16 #
2020/2012(INL)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. calling on the Commission to take measures to improve Europe's competitiveness in the field of AI, with the aim of creating a climate for innovation in which European undertakings and organisations can become world leaders in the development of AI technology;
Amendment 17 #
2020/2012(INL)
Draft opinion
Recital D c (new)
Recital D c (new)
D c. whereas such European approach to the development of AI, robotics and related technologies in transport has the potential to increase the global competitiveness and strategic autonomy of the European economy.
Amendment 20 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the potential of AI, robotics and related technologies for all autonomous means of road, rail, waterborne and air transport;
Amendment 23 #
2020/2012(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Moreover, highlights the potential of AI, robotics and related technologies to boost the modal shift and intermodality, as these technologies can contribute to finding the optimal combination of transport modes for the transport of goods and passengers
Amendment 27 #
2020/2012(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Furthermore, stresses that AI, robotics and related technologies have the potential to make transport, logistics and traffic flows more efficient and to make all transport modes safer, smarter, and more environmentally friendly.
Amendment 29 #
2020/2012(INL)
Draft opinion
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Stresses that the EU transport sector needs a clear ethical framework for achieving trustworthy AI, including safety, human autonomy and oversight, and liability aspects, which will be key to boosting investments in research and innovation, development of skills and the uptake of AI by SMEs, start-ups and businesses; and in this regard:
Amendment 31 #
2020/2012(INL)
Draft opinion
Paragraph 2 – point a a (new)
Paragraph 2 – point a a (new)
a a) calls on the Commission to provide for a clear framework of ethical principles for the development, deployment and use of AI, robotics and related technologies in the transport sector; any AI, robotics and related technologies in the transport sector shall be developed, deployed and used in accordance with those ethical principles.
Amendment 33 #
2020/2012(INL)
Draft opinion
Paragraph 2 – point b
Paragraph 2 – point b
b) recommends the establishment of guidelines for a harmonised risk classification of AI-enabled technologies in all modes of transport, covering vehicle functions allocated to humans and to AI, and clarifying responsibilities and requirements as regards safety;
Amendment 35 #
2020/2012(INL)
Draft opinion
Paragraph 2 – point c
Paragraph 2 – point c
Amendment 36 #
2020/2012(INL)
Draft opinion
Paragraph 2 – point c a (new)
Paragraph 2 – point c a (new)
(ca) Calls on the Commission to devote particular attention to the situation of SMEs and to design future legislation in such a way as to improve the opportunities for these undertakings to develop and use AI technology.
Amendment 42 #
2020/2012(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Recommends the development of an EU-wide trustworthy AI label for the automotive industry, which should provide for common and harmonised standardsethical standards for all modes of transport, including the automotive industry, on safety, technical robustness, privacy and transparency and for testing of AI-enabled vehicles and related products and services;
Amendment 48 #
2020/2012(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to explore the possibility of entrusting a relevant existing EU agency with enforcement and sanction mechanisms, so that actions can be takehow the existing instruments of supervision and control in the transport sector can be equipped and used to take action if an AI system used in transport violates fundamental rights or the European ethical and security framework;
Amendment 54 #
2020/2012(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to further support the development of trustworthy AI systems in order to render transport safer, more efficient, accessible, affordable and inclusive, including for persons with reduced mobility.
Amendment 4 #
2020/2006(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. notes that global preservation of forests is one of the biggest sustainability challenges of our times, without which the objectives of the Paris Agreement and the Green Deal cannot be achieved; stresses that the sustainable use of forests in some parts of the world cannot be ensured with current policies;
Amendment 10 #
2020/2006(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. welcomes the good results the cooperation with third countries under the EU FLEGT Action Plan and Voluntary Partnership Agreements have shown in addressing the supply-side challenge of illegal logging and stresses that this work should be stepped up, also in terms of offering capacity building; stresses that the VPAs constitute a very effective framework to establish good partnerships with those countries and new VPAs with additional partners should be promoted;
Amendment 27 #
2020/2006(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. notes that despite the genuine attempts by companies to self-regulate through voluntary due diligence obligations, it is evident that complex, dynamic and non-transparent global value chains are often linked to deforestation; and consequently recommends that more efficient and broadly covering measures be developed, addressing the Union-wide demand side; takes note of the Commission’s announcement of future proposals on due diligence throughout the supply chain for products to be put on the internal market;
Amendment 31 #
2020/2006(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. stresses the importance to carry out an impact assessment and take account of its results in order to design rules that do not forego but enhance competitiveness for all companies, in particular SMEs, and to ensure that such measures be WTO compliant i.e. proportionate, non- discriminatory and that they would not constitute arbitrary or unjustifiable discrimination or a disguised restriction on international trade; recommends that SMEs are provided adequate support and transition time in order to adapt their business operations to the new rules; reminds the Commission of the “One in, one out” principle and demands that the proposal on due diligence will be paired with suggestions on reduced regulation for the industry;
Amendment 37 #
2020/2006(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. recommendwelcomes that all new trade agreements include provisions on the conservation andthat promote sustainable management ofwhich leads to better conditions of the forests and the obligation to ensure multilateral environmental agreements, such as the Paris Agreement and the Convention on Biological Diversity, are implemented effectively;
Amendment 29 #
2020/1998(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Sets the overall level of appropriations for the 2021 budget (all Sections) at EUR 181 684 729 002 in commitment appropriations, representing an increase of EUR 14 938 547 026 compared to the DB; decides in addition to make available an amount of EUR 1 631 420 001 in commitment appropriations further to de-commitments under Article 15(3) of the Financial Regulation; Notes, however, that even with ambitious funding, the available funds will not be unlimited; Emphasises therefore the need for prioritisation among the 2021 budget expenditures;
Amendment 31 #
2020/1998(BUD)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 43 #
2020/1998(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the 2021 Union budget to ensure that the InvestEU Programme delivers on both its long term objective by providing more investment capacity aimed at supporting sustainable infrastructure, research, innovation, digitalisation, SMEs, and social investments and its new short term mission to support the economic recovery via strategic investments; Underlines the importance of rebuilding European long term competitiveness;
Amendment 152 #
2020/1998(BUD)
Motion for a resolution
Paragraph 60 a (new)
Paragraph 60 a (new)
60 a. Reiterates Parliament's position of 4th of April 2019 on the proposed regulation of Protection of the Union's budget in case of generalised deficiencies as regards the rule of law in Member States; underlines the importance of a mechanism to protect the EU budget where there is a systemic threat to values enshrined in Article 2 of the TEU, and where the financial interests of the Union are at stake; Stresses that the Parliament will not accept an agreement on a mechanism which does not protect the budget against general deficiencies in the rule of law;
Amendment 14 #
2020/0365(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Despite existing measures at Union19 and national level aimed at supporting the protection of critical infrastructures in the Union, the entities operating those infrastructures are not adequately equipped to address current and anticipated future risks to their operations that may result in disruptions of the provision of services that are essential for the performance of vital societal functions or economic activities. This is due to a dynamic threat landscape with an evolving terrorist threat, criminal infiltration, foreign interference, and growing interdependencies between infrastructures and sectors, as well as an increased physical risk due to natural disasters and climate change, which increases the frequency and scale of extreme weather events and brings long-term changes in average climate that can reduce the capacity and efficiency of certain infrastructure types if resilience or climate adaptation measures are not in place. Moreover, relevant sectors and types of entities are not recognised consistently as critical in all Member States. _________________ 19European Programme for Critical Infrastructure Protection (EPCIP).
Amendment 16 #
2020/0365(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) The growing problem of criminal infiltration in critical transport infrastructure, in particular logistic nodes such as ports and airports, is undermining the operations of critical entities in this sector and therefore the effective provision of essential services throughout the European Union;
Amendment 18 #
2020/0365(COD)
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
(2 c) The transport sector encompasses critical entities in the subsectors of road, rail, air, inland waterways, and maritime transport, including ports and terminals;
Amendment 19 #
2020/0365(COD)
Proposal for a directive
Recital 2 d (new)
Recital 2 d (new)
(2 d) Certain critical infrastructures have a pan-European dimension, such as the European aviation organisation Eurocontrol and the European global satellite positioning system Galileo;
Amendment 22 #
2020/0365(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) The COVID-19 pandemic has once more shown the transport sector's strategic importance to European society and economy in enabling the critical mobility of goods and people, underlining the need to ensure the resilience of critical transport infrastructure across the European Union;
Amendment 27 #
2020/0365(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to achieve that objective, Member States should identify critical entities that should be subject to specific requirements and oversight, but also particular support and guidance, including to SMEs, and awareness raising aimed at achieving a high level of resilience in the face of all relevant risks.
Amendment 30 #
2020/0365(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) The swift technological development in and digitalisation of the transport sector, via the growing use of smart mobility systems such as cooperative intelligent transport systems, connected and automated mobility, and mobility as a service, underline the interconnectedness between the physical and digital world in this sector and calls for an effective approach to allow for resilient digital transport infrastructure in Europe;
Amendment 34 #
2020/0365(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The actions of Member States to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. In order to ensure such a targeted approach, each Member State should carry out, within a harmonised framework, an assessment of all relevant natural and man- made risks that may affect the provision of essential services, including accidents, natural disasters, public health emergencies such as pandemics, criminal infiltration, and antagonistic threats, including foreign interference and terrorist offences. When carrying out those risk assessments, Member States should take into account other general or sector-specific risk assessment carried out pursuant to other acts of Union law and should consider the dependencies between sectors, including from other Member States and third countries. The outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this Directive.
Amendment 35 #
2020/0365(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Entities pertaining to the digital infrastructure sector are in essence based on network and information systems and fall within the scope of the NIS 2 Directive, which addresses the physical security of such systems as part of their cybersecurity risk management and reporting obligations. Since those matters are covered by the NIS 2 Directive, the obligations of this Directive do not apply to such entities. However, considering the importance of the services provided by entities in the digital infrastructure sector for the provision of other essential services, such as critical transport services, Member States should identify, based on the criteria and using the procedure provided for in this Directive mutatis mutandis, entities pertaining to the digital infrastructure sector that should be treated as equivalent to critical entities for the purposes of Chapter II only, including the provision on Member States’ support in enhancing the resilence of these entities. Consequently, such entities should not be subject to the obligations laid down in Chapters III to VI. Since the obligations for critical entities laid down in Chapter II to provide certain information to the competent authorities relate to the application of Chapters III and IV, those entities should not be subject to those obligations either.
Amendment 36 #
2020/0365(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should support critical entities in strengthening their resilience, in compliance with their obligations under this Directive, without prejudice to the entities’ own legal responsibility to ensure such compliance. Member States could in particular develop guidance materials and methodologies, raise awareness, support the organisation of exercises to test their resilience and provide training to personnel of critical entities. Moreover, given the interdependencies between entities and sectors, Member States should establish information sharing tools to support voluntary information sharing between critical entities, without prejudice to the application of competition rules laid down in the Treaty on the Functioning of the European Union.
Amendment 38 #
2020/0365(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19 a) In their implementation of this Directive, Member States should take all the necessary actions to prevent any excessive administrative burdens, particularly on SMEs, and avoid duplications or unnecessary obligations. Member States should assist and facilitate adequate support to SMEs when requested in taking the technical and organisational measures required under this Directive.
Amendment 44 #
2020/0365(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The risk of employees of critical entities misusing for instance their access rights within the entity’s organisation to harm and cause damage is of increasing concern, which is particularly the case for critical entities in the transport sector, such as logistic hubs like ports and airports, where there is a substantial and growing problem of criminal infiltration. That risk is exacerbated by the growing phenomenon of radicalisation leading to violent extremism and terrorism. It is therefore necessary to enable critical entities to request background checks on persons falling within specific categories of its personnel and to ensure that those requests are assessed expeditiously by the relevant authorities, in accordance with the applicable rules of Union and national law, including on the protection of personal data.
Amendment 45 #
2020/0365(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Critical entities should notify, as soon as reasonably possible under the given circumstances, Member States’ competent authorities, as well as to other entities on a voluntary basis, of incidents that significantly disrupt or have the potential to significantly disrupt their operations. The notification should allow the competent authorities to respond to the incidents rapidly and adequately and to have a comprehensive overview of the overall risks that critical entities face. For that purpose, a procedure should be established for the notification of certain incidents and parameters should be provided for to determine when the actual or potential disruption is significant and the incidents should thus be notified. Given the potential cross-border impacts of such disruptions, a procedure should be established for Member States to inform other affected Member States via single points of contacts.
Amendment 48 #
2020/0365(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should ensure that their competent authorities have certain specific powers for the proper application and enforcement of this Directive in relation to critical entities, where those entities fall under their jurisdiction as specified in this Directive. Those powers should include, notably, the power to conduct inspections, supervision and audits, raise awareness, require critical entities to provide information and evidence relating to the measures they have taken to comply with their obligations and, where necessary, issue orders to remedy identified infringements. When issuing such orders, Member States should not require measures which go beyond what is necessary and proportionate to ensure compliance of the critical entity concerned, taking account of in particular the seriousness of the infringement and the economic capacity of the critical entity. More generally, those powers should be accompanied by appropriate and effective safeguards to be specified in national law, in accordance with the requirements resulting from Charter of Fundamental Rights of the European Union. When assessing the compliance of a critical entity with its obligations under this Directive, competent authorities designated under this Directive should be able to request the competent authorities designated under the NIS 2 Directive to assess the cybersecurity of those entities. Those competent authorities should cooperate and exchange information for that purpose.
Amendment 70 #
2020/0365(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The risk assessment shall account for all relevant natural and man-made risks, including accidents, natural disasters, public health emergencies, criminal infiltration, antagonistic threats, including foreign interference and terrorist offences pursuant to Directive (EU) 2017/541 of the European Parliament and of the Council34 . _________________ 34Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 97 #
2020/0365(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall support critical entities in enhancing their resilience. That support may include developing guidance materials and methodologies, raise awareness, supporting the organisation of exercises to test their resilience and providing training to personnel of critical entities.
Amendment 102 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) raise awareness about the incidents and disruptions that may occur, including criminal infiltration, as well as measures referred to in points (a) to (e) among relevant personnel.
Amendment 127 #
2020/0365(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
The Commission shall periodically review the functioning of this Directive, and report to the European Parliament and to the Council. The report shall in particular assess the impact and added value of this Directive on ensuring the resilience of critical entities and whether the scope of the Directive should be extended to cover other sectors or subsectors. The first report shall be submitted by [sixfour years after the entry into force of this Directive] and shall assess in particular whether the scope of the Directive should be extended to include the food production, processing and distribution sector.
Amendment 12 #
2020/0361(COD)
Proposal for a regulation
Recital 2 a (new)
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 servicesoperating on the internal market, especially small and medium sized companies.
Amendment 21 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined 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 or videos, online stalking, the sale of non- compliant or, counterfeit productor illegal products, sale of illegal short-term rentals, the non- authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 25 #
2020/0361(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should target illegal practises 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.
Amendment 27 #
2020/0361(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Providers of intermediary services that are established in a third country that offer services in the Union should designate a sufficiently mandated legal representative in the Union and provide information relating to their legal representatives, so as to allow for the effective oversight and, where necessary, enforcement of this Regulation in relation to those providers. It should be possible for the legal representative to also function as point of contact, provided the relevant requirements of this Regulation are complied with. Nothing in this Regulation prohibits the providers of intermediary services from establishing collective representation or obtaining the services of a legal representative by other means, including contractual ones, provided that the legal representative can fulfill the role assigned to it in this Regulation. 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 effort, should 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.
Amendment 30 #
2020/0361(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or, small or medium enterprises 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 and medium 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).
Amendment 33 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, 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
Amendment 40 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.;
Amendment 56 #
2020/0361(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70 a) The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online short term rental platforms and short term rental service providers.
Amendment 60 #
2020/0361(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) In order to ensure effective enforcement of this Regulation, individuals or representative organisations and parties with a legitimate interest should be able to lodge any complaint related to compliance with this Regulation with the Digital Services Coordinator in the territory where they received the service, without prejudice to this Regulation’s rules on jurisdiction. Complaints should provide a faithful overview of concerns related to a particular intermediary service provider’s compliance and could also inform the Digital Services Coordinator of any more cross-cutting issues. The Digital Services Coordinator should involve other national competent authorities as well as the Digital Services Coordinator of another Member State, and in particular the one of the Member State where the provider of intermediary services concerned is established, if the issue requires cross- border cooperation.
Amendment 71 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
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.
Amendment 78 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3
Article 2 – paragraph 1 – point f – indent 3
— a ‘hosting’ information society service that consists of the storage of digital information provided by, and at the request of, a recipient of the service, unless that activity is an ancillary feature of another service and, for objective and technical reasons cannot be used without that other service;
Amendment 79 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) ‘short term rental’ means a furnished accommodation for residential use that is repeatedly let for short periods against consideration, including on a non-professional basis, to a transient clientele which does not take up residence there, and that does not constitute the lessor's main residence.
Amendment 101 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry outtake the necessary voluntary own-initiative investigations or other activities aimed at measures for 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.
Amendment 130 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 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 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.
Amendment 133 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises, 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 microenterprise 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.
Amendment 134 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
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.
Amendment 136 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
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.
Amendment 138 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6 a. Paragraphs 2, 4 and 5 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprises (SMEs) within the meaning of the Annex to Recommendation2003/361/EC. In addition, paragraph 2 and 4-5 shall not apply to enterprises that previously qualified for the status of a medium-sized, small or microenterprise 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.
Amendment 139 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access to 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 the without 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.
Amendment 140 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) the facts and circumstances relied on in taking the decision, including where relevant whether the decision was taken pursuant to a notice submitted in accordance with Article 14;
Amendment 141 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
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 enterprises (SMEs)within the meaning of the Annex to Recommendation 2003/361/EC. In addition, those paragraphs shall not apply to enterprises that previously qualified forthe status of a medium-sized, small or microenterprise 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.
Amendment 142 #
2020/0361(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Exclusion for micro and, small and medium enterprises
Amendment 143 #
2020/0361(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC, small or medium-sized enterprises (SMEs) within the meaning of the Annex to Recommendation2003/361/EC. This Section shall not apply to enterprises that previously qualified for the status of a medium-sized, small or microenterprise 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.
Amendment 144 #
2020/0361(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or, small or medium enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 145 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove, restrict or disable access to the information;
Amendment 153 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers within their designated area of expertise through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delay depending on the severity of the illegal activity. The obligation to prioritise notices submitted by trusted flaggers shall be without prejudice to other notices, when the trustworthiness, severity and urgency of these notices can be considered exceptional.
Amendment 162 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with 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:
Amendment 165 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
Amendment 169 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources in a way that does not result in costly active fact-finding exercises.
Amendment 171 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. Where the online platform obtains indications that any item of information referred to in paragraph 1 or a visual representation or description thereof obtained from the trader concerned is inaccurate 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.
Amendment 189 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
Amendment 196 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 221 #
2020/0361(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Code of conduct for short-term rental platforms The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online short term rental platforms and short term rental service providers.
Amendment 228 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1
Article 38 – paragraph 3 – subparagraph 1
Member States shall make publicly available, and communicate to the Commission and the Board, the name of their competent authority designated as Digital Services Coordinator and information on how it can be contacted. The Commission should provide guidance to Member States to ensure a consistent approach on how national, local and regional authorities should relate to their Digital Services Coordinators.
Amendment 230 #
2020/0361(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall ensure that their Digital Services Coordinators perform their tasks under this Regulation in an impartial, transparent and timely manner. Member States shall ensure that their Digital Services Coordinators have adequatenecessary technical, financial and human resources to carry out their tasks. Such resources could include - and not be limited to - access to training and regular exchanges with the service provider to understand the specificities of their business model.
Amendment 233 #
2020/0361(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Digital Services Coordinators shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek norot take instructions from any other public authority or any private party. Digital Services Coordinators should be able to seek information from a public authority or private party if it deems it necessary to carry its role and power and still maintain its independence and neutrality.
Amendment 239 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Recipients of the service, representative organisations and other parties with a legitimate interest, shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
Amendment 242 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. The Board shall be chaired and guided by the Commission. The Commission shall convene the meetings and prepare the agenda in accordance the tasks of the Board pursuant to this Regulation and with its rules of procedure.
Amendment 243 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
4. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation. The Board shall respect and take into account Commission’s, as Digital Single Market guardian’s, guidance and analytical support into its decisions.
Amendment 244 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) issueas and when requested by a Digital Services Coordinator, issue non-legally binding opinions, and recommendations or advice to Digital Services Coordinators in accordance with, in discussion with all involved stakeholders, which serve as a way to remedy the problem and ensure a consistent enforcement of this Regulation;.
Amendment 245 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point e a (new)
Article 49 – paragraph 1 – point e a (new)
(e a) responsible for ensuring that the conditions for country-of-origin derogation are interpreted strictly and narrowly to ensure consistent application of this Regulation.
Amendment 271 #
2020/0361(COD)
Proposal for a regulation
Article 74 – paragraph 2 – introductory part
Article 74 – paragraph 2 – introductory part
2. It shall apply from [date - threwelve months after its entry into force].
Amendment 49 #
2020/0360(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21, a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least 55% by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future. That also means infrastructure needs to be in place to support the European energy transition, including rapid electrification, scaling up of renewable and fossil-free electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovative solutions. _________________ 21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. 22 Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020
Amendment 61 #
2020/0360(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on renewable and fossil-free sources and the decarbonisation of the gas sector. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the energy efficiency first principle.
Amendment 78 #
2020/0360(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The importance of smart electricity grids in achieving the Union’s energy and climate policy objectives has been acknowledged in the communication from the Commission on energy system integration28. The criteria for the category should include technological developments regarding innovation and digital aspects. Furthermore, the role of projects promoters should be clarified. Given the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areas, smart grid technologies should also help to improve energy network related support for cross border high capacity recharging to support the decarbonisation of the transport sector. Rapid deployment of the necessary electricity grid connections for efficient and high-capacity charging of electric vehicles should be prioritised along all core network corridors and in the overall TEN-T network. _________________ 28 COM(2020) 299 final
Amendment 83 #
2020/0360(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phaseFor the foreseeable future, however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick-start an economy of scale, especially in view of the fact that weather-dependent renewable energy is by its nature unplannable, while for a satisfactory level of security of supply in the electricity grid there needs to be plannable and fossil-free energy production.
Amendment 96 #
2020/0360(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, to achieve the Union’s 2030 and 2050 climate and energy targets and climate neutrality objective, Europe needs to significantly scale up renewable electricity generation. The existing infrastructure categories for electricity transmission and storage are crucial for the integration of the significant increase in renewable electricity generation in the power grid. In addition, that requires stepping up investment in offshore renewable energy30. Coordinating long- term planning and development of offshore and onshore electricity grids should also be addressed. In particular, offshore infrastructure planning should move away from the project-by-project approach towards a coordinated comprehensive approach ensuring the sustainable development of integrated offshore grids in line with the offshore renewable potential of each sea basin, environmentaldesignated sea basins and taking due account of environmental protection, landscape protection and other uses of the sea. _________________ 30 Offshore Strategy Communication
Amendment 100 #
2020/0360(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure voltage and frequency stability, particular attention should be given to the stability of the European electricity network under the changing conditions, especially in view of the growing share of renewable electricity. Efforts to maintain a sufficient level of predictable fossil-free energy production, in order to ensure security of supply to citizens and businesses, must be a particular priority.
Amendment 106 #
2020/0360(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The planning and implementation of Union projects of common interest in the areas of energy, transport and telecommunication infrastructure should be coordinated to generate synergies whenever it is feasible from an overall economic, technical, environmental, climate or spatial planning point of view and with due regard to the relevant safety aspects. Thus, during the planning of the the various European networks, it should be possible to give preference to integrating transport, communication and energy networks in order to ensure that as little land as possible is taken up, whilst ensuring, where possible, that existing or disused routes are reused, in order to reduce to a minimum any negative social, economic, environmental, climate and financial impact. The negative impact of offshore wind power on the landscape, its potentially harmful effects on the marine environment and the large surface area required need to be carefully weighed against estimated benefits on a case-by- case basis.
Amendment 109 #
2020/0360(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to simplify and expedite the permitting process for offshore grids for renewable energy, the Member States around a particular sea basin should create unique points of contact, referred to as an ‘offshore one-stop shop’, in view of regional specificities and geography, for the for facilitating and coordinating the process of granting of permits to suchthose projects whose benefits for society clearly outweigh their negative impacts on the marine environment and the landscape. Moreover, the establishment of a one-stop shop per sea basin for offshore grids for renewable energy should reduce complexity, increase efficiency and speed up the permitting process of offshore transmission assets often crossing many jurisdictions.
Amendment 151 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point d – introductory part
Article 4 – paragraph 3 – point d – introductory part
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewablfossil-free hydrogen and supporting variable renewable power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 161 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f – introductory part
Article 4 – paragraph 3 – point f – introductory part
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability by enabling and facilitating the integration of renewable and low-carbon gases, such as biomethane, or renewablfossil-free hydrogen, into the gas distribution and transmission networks in order to reduce greenhouse gas emissions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 197 #
2020/0360(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By [31 July 2022], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall jointly define and agree to cooperate on the amount of offshore renewable generation tohat can be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040, in view of their national energy and climate plans, the offshore renewable potential of eachdesignated sea basins, environmental protection, landscape protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. That agreement shall be made in writing as regards each sea basin linked to the territory of the Union.
Amendment 200 #
2020/0360(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 201 #
2020/0360(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. For the purpose of ensuring the timely development of the offshore grids for renewable and fossil-free energy, should the ENTSO for Electricity not develop, in time, the integrated offshore network development plans, referred to in paragraph 2, the Commission shall, on the basis of expert advice, draw-up an integrated offshore network development plan per sea-basin for each priority offshore grid corridor set out in Annex I.
Amendment 207 #
2020/0360(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Projects of common interest falling under the categories set out in points (1)(d), (2) and (5) of Annex II shall also be eligible for Union financial assistance in the form of grants for works, where the concerned project promoters can clearly demonstrate significant positive externalities, such as security of supply, system flexibility, solidarity or innovation, generated by the projects and provide clear evidence of their lack of commercial viability, in accordance with the cost- benefit analysis, the business plan and assessments carried out, in particular by potential investors or creditors or, where applicable, a national regulatory authority.
Amendment 213 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 1 – point 1 – introductory part
Annex I – Part 1 – point 1 – introductory part
Amendment 214 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 1 – point 2 – introductory part
Annex I – Part 1 – point 2 – introductory part
Amendment 215 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 1 – point 3 – introductory part
Annex I – Part 1 – point 3 – introductory part
(3) Baltic Energy Market Interconnection Plan in electricity (‘BEMIP Electricity’): interconnections between Member States and internal lines in the Baltic region, to foster market integration while integrating growing shares of renewable and fossil-free energy in the region.
Amendment 216 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 2 – point 4 – introductory part
Annex I – Part 2 – point 4 – introductory part
(4) Northern Seas offshore grid (‘NSOG’): integrated offshore electricity grid development and the related interconnectors in the North Sea, the Irish Sea, and the English Channel and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange.
Amendment 217 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 2 – point 4 – paragraph 1
Annex I – Part 2 – point 4 – paragraph 1
Member States concerned: Belgium, Denmark, France, Germany, Ireland, Luxemburg, and the Netherlands and Sweden;
Amendment 218 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 2 – point 5 – introductory part
Annex I – Part 2 – point 5 – introductory part
(5) Baltic Energy Market Interconnection Plan offshore grid (‘BEMIP offshore’): integrated offshore electricity grid development and the related interconnectors in the Baltic Sea and neighbouring waters to transport electricity from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricity exchange.
Amendment 287 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 7 – point a
Annex IV – point 7 – point a
(a) sustainability measured by assessing the share of renewablfossil-free hydrogen or hydrogen meeting the criteria defined in point (4) (a) (ii) of Annex II integrated into the network, and the related greenhouse gas emission savings;
Amendment 293 #
2020/0360(COD)
Proposal for a regulation
Annex VI – point 1 – point h
Annex VI – point 1 – point h
(h) as much as possible, translations of its content into all languages ofofficial EU languages enjoying main-language status in the neighbouring Member States to be realized in coordination with the respective neighbouring Member States;
Amendment 294 #
2020/0360(COD)
Proposal for a regulation
Annex VI – point 6 – point b
Annex VI – point 6 – point b
(b) translations of its content into all languages ofofficial EU languages enjoying main- language status in the Member States concerned by the project or on which the project has a significant cross-border impact in accordance with point (1) of Annex IV;
Amendment 81 #
2020/0310(COD)
Proposal for a directive
–
–
— The European Parliament rejects [the Commission proposal].
Amendment 90 #
2020/0310(COD)
Proposal for a directive
Title 1
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
Amendment 239 #
2020/0310(COD)
Proposal for a directive
Recital 17
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.
Amendment 270 #
2020/0310(COD)
Proposal for a directive
Recital 19
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..
Amendment 312 #
2020/0310(COD)
Proposal for a directive
Recital 21
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.
Amendment 375 #
2020/0310(COD)
Proposal for a directive
Recital 29 a (new)
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.
Amendment 378 #
2020/0310(COD)
Proposal for a directive
Recital 30
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.
Amendment 394 #
2020/0310(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
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:
Amendment 429 #
2020/0310(COD)
Proposal for a directive
Article 1 – paragraph 3 a (new)
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.
Amendment 438 #
2020/0310(COD)
Proposal for a directive
Article 2 – paragraph 1
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.
Amendment 456 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
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;
Amendment 466 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
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;
Amendment 478 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
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;
Amendment 492 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
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:
Amendment 536 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 2
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.
Amendment 537 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 2
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.
Amendment 643 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 4
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.
Amendment 700 #
2020/0310(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
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:
Amendment 704 #
2020/0310(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
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:
Amendment 732 #
2020/0310(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
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:
Amendment 864 #
2020/0310(COD)
Proposal for a directive
Article 11 – paragraph 1
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.
Amendment 876 #
2020/0310(COD)
Proposal for a directive
Article 11 – paragraph 2
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.
Amendment 890 #
2020/0310(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 910 #
2020/0310(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 917 #
2020/0310(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
This Directive is addressed to the Member States except Denmark and Sweden.
Amendment 87 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The 8th EAP has the long-term priority objective for 2050 that citizens live well, within the planetary boundaries in a regenerative economy where nothing is wasted, no net emissions of greenhouse gases are produced and economic growth is decoupled from resource use and environmental degradation. A healthy environment underpins the well-being of citizens, biodiversity thrives and natural capital is protected, restored and valued in ways that enhance resilience to climate change and other environmental risks. The Union sets the pace for ensuring the prosperity of present and future generations globally.
Amendment 94 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) advancing towards a regenerative growth model that gives back to the planet more than it takes, decoupling economic growth from resource use and environmental degradation, and accelerating the transition to a circular economy;
Amendment 116 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 3
Article 3 – paragraph 1 – point b – indent 3
— paying careful attention to synergies and potential trade-offs between economic, environmental and social objectives so as to safeguard the competitiveness of the Union and ensure that citizens’ needs for nutrition, housing and mobility are met in a sustainable way that leaves no- one behind but generates steadily increasing prosperity;
Amendment 142 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) harnessing the potential of digital technologies, in particular artificial intelligence, and data technologies, to support environment policy while minimising their environmental footprint;
Amendment 13 #
2020/0157M(NLE)
Motion for a resolution
Recital E
Recital E
E. whereas Honduras is a lower middle-income country where poverty,that needs to overcome many challenges in order to fight inequality, poverty, corruption, violence and impunity remain persistent concerand improve the well-being of its citizens;
Amendment 46 #
2020/0157M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. SWelcomes Honduras' efforts so far in making advances towards greater transparency and look forward to further positive cooperation in the fight against illegal logging and forest degradation; stresses that the success of the FLEGT also depends on tackling fraud and corruption throughout the timber supply chain; urges the Government of Honduras to work to stop widespread corruption and address other factors fuelling illegal logging and forest degradation, with particular regard to customs and other authorities that will play a pivotal role in the implementation and enforcement of the VPA; stresses the need to end impunity in the forest sector by ensuring that infractions are prosecuted;
Amendment 70 #
2020/0157M(NLE)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Underlines that VPAs provide an important legal framework for both the EU and its partner countries, made possible with the good cooperation and engagement by the countries concerned; stresses therefore that new VPAs with additional partners should be promoted;
Amendment 71 #
2020/0157M(NLE)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Recognises that the VPA with Honduras as well as those with other countries prove that trade agreements can work without threatening the imposition of sanctions, by including different means of control and cooperation;
Amendment 73 #
2020/0157M(NLE)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Stresses the importance of forest jobs and rural employment in the economy of Honduras that should be taken into account in the implementation of the agreement; in this respect considers that the Commission and the Honduran authorities should conduct an exhaustive assessment on the impact of the VPA on the workers and small producers of the sector who could be affected by the increased logging controls; asks the Commission to promote and support programmes for the reconversion of those workers and producers into other activities;
Amendment 1100 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) whether the recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations, including fiscal aspects thereof, and recommendations made under Article 6 of Regulation (EU) No 1176/2011, addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester;
Amendment 1377 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 7 – introductory part
Article 19 – paragraph 7 – introductory part
7. Where, within eighteen months of the date of the adoption the decision referred to in Article 17(1), no tangible progress has been made in respect of any relevant milestones and targets by the Member State concerned, the amount of the financial contribution shall be cancelled pursuant to Article 14(1) of the Financial Regulation. Any pre-financing shall have to be returned.
Amendment 1380 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 7 – subparagraph 1
Article 19 – paragraph 7 – subparagraph 1
The Commission shall take a decision on the cancellation of the financial contribution, and where applicable, of the return of pre-financing, after having given the Member State concerned the possibility to present its observations within a period of two months of the communication of its assessment as to whether no tangible progress has been made.
Amendment 90 #
2020/0036(COD)
Proposal for a regulation
Recital 6
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.
Amendment 126 #
2020/0036(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The Union should continue its efforts to promote a circular economy and further support renewable solutions that can substitute fossil-fuel based products and materials.
Amendment 228 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. As from 1 January 2051, removals of greenhouse gases shall exceed emissions in the Union and all Member States.
Amendment 273 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4 a. 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 favourable environment for future-proof investments.
Amendment 300 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b a (new)
Article 3 – paragraph 3 – point b a (new)
(b a) competitiveness of the manufacturing industry and the importance of counteracting production outsourcing to a third country that leads to carbon leakage;
Amendment 303 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b b (new)
Article 3 – paragraph 3 – point b b (new)
(b b) competitiveness of the parts of the transport sector that are exposed to international competition, and the importance of counteracting deregistering of ships and aircrafts in the Union in order to reregister in a third country, which leads to carbon leakage;
Amendment 322 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point g a (new)
Article 3 – paragraph 3 – point g a (new)
(g a) the need for predictability and regulatory stability for future-proof investments;
Amendment 406 #
2020/0036(COD)
Proposal for a regulation
Article 8 – paragraph 1
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, citizens, business community 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.
Amendment 71 #
2020/0035(COD)
Proposal for a decision
Recital 7
Recital 7
(7) While the share of passenger rail in the Union land transport has only slightly increased since 2007, the share of freight has decreased. Many obstacles remain to achieve a true Single European Rail Area, including in respect of the need to foster interoperability and digitalisation, accelerate the implementation of European wide modern train management systems (ERTMS) for both on-board and track-side equipment, to internalise the external costs and to minimise noise. Overcoming these obstacles together with cost reduction and accelerated innovation will allow rail to realise its full potential, while ensuring the functioning of the internal market, increasing traffic and maintaining or improving the high safety levels. Rail therefore needs a further boost to become more attractive to travellers and businesses alike.
Amendment 164 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Commission shall support the development of railways as a sustainable part of Union mobility policy by renewing efforts to complete the European Rail Traffic Management System (ERTMS) in respect of both on-board rolling stock and infrastructure, and to minimise noise, while ensuring the functioning of the internal market and maintaining or improving the high safety levels;
Amendment 39 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should complement the resources available under cohesion policy and be drawn from existing EU funds.
Amendment 112 #
2020/0006(COD)
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.5 billion in 2018 prices, drawn from existing EU funds, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 118 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, energy efficiency and renewablcarbon-free energy;
Amendment 135 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
(ga) decommissioning or the construction of nuclear power stations;
Amendment 151 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 a (new)
Article 4 – paragraph 2 – subparagraph 1 a (new)
Decommissioning or construction of nuclear power stations.
Amendment 155 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 164 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 167 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels, except if the investment can quickly and highly predictably reduce carbon dioxide emissions from the activities;
Amendment 179 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses that the EU budget for next year should align with the political priorities that enables the union to create sustainable economic growth, further invest in innovation and research, and boost competitiveness and the promotion of entrepreneurship;
Amendment 192 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Underlines the importance of focus on innovation and research to continue providing solutions for the future of Europe;
Amendment 198 #
2019/2213(BUD)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Highlights the need to ensure that European competitiveness is prioritised in order to not lose ground in the global competition. Stresses the hidden potential for Europe’s entrepreneurs if given the right tools andcalls for the appropriate support of the EU budget;
Amendment 31 #
2019/2197(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the Common Commercial Policy, composed of trade agreements and legislative measures, should serve the objective of creating a stable, predictable and fair trading environment in which EU businesses can thrive and the interests of EU citizens are asserted;
Amendment 35 #
2019/2197(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the Commission published on 14 October 2019 its third report on the implementation of EU free trade agreements (FTAs) that shows that in 2018, 33 percent of EU exports and 29 percent of EU imports were traded with FTA partners;
Amendment 40 #
2019/2197(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas between the years 2007 and 2017 global GDP increased with more than 70 percent; comparing the EU increase of 17 percent to other countries like the United States (60 percent), India (80 percent) and China (315 percent), the EU is falling behind in global competitiveness;
Amendment 42 #
2019/2197(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
B d. whereas world trade is expected to fall by between 13 and 32 percent in 2020 due to the effects of COVID-19; extra- EU27 exports of goods and services by 9.2 percent, and extra-EU27 imports by 8.8 percent; and the IMF expects EU GDP to decrease by 7,5 percent;
Amendment 44 #
2019/2197(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
B e. whereas in 2018, the EU had a trade surplus of €84.6 billion with FTA partners compared to its overall trade deficit of €24.6 billion;
Amendment 45 #
2019/2197(INI)
Motion for a resolution
Recital B f (new)
Recital B f (new)
B f. whereas 36 million EU jobs depend on exports outside the EU, out of which 13.7 million are occupied by women;
Amendment 46 #
2019/2197(INI)
B g. whereas according to a recent report by the European Commission exports to the EU from developing countries using special trade preferences (GSP) grew by 16.2 percent between 2016 and 2018 with an increase in its value from 158 billion euro in 2016 to 183.6 billion euro in 2018;
Amendment 71 #
2019/2197(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the increase of transparency in trade policy; welcomes the decision of the Council to publish the mandate on the negotiations of Economic Partnership Agreements with the ACP regions on 13 December 2019; expresses satisfaction with the recent efforts of the new Commission to inform the EP more regularly about the state of play of ongoing negotiations, thus making the work of the Commission more transparent, such as making available detailed reports on specialised committees under CETA and South-Korea;
Amendment 75 #
2019/2197(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 88 #
2019/2197(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for a substantive reform of the WTO, based on modernising its rule-book in order to make it more effective by providing structural and long-term solutions; encourages WTO members to reach an ambitious and balanced agreement on the long-standing issue of fishery subsidies during the ministerial summit in Nur-Sultan, Kazakhstanconference in 2021 and send out a clear signal that the WTO is still able to deliver on its negotiating function;
Amendment 95 #
2019/2197(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Regrets the lack of agreement in solving the blockage of the Appellate Body of the WTO, which materialised on 11 December 2019, and welcomes the initiative taken by the EU and 16 WTO Members to develop a temporary multi- party interim appeal arrangement that will allow the participating members to preserve a functioning and two-step dispute settlementsystem at the WTO in disputes among them; notes that the interim arrangement is a good step to overcome the current crisis; while encouraging a long-term solution including as many member states as possible; notes the Commission proposal for revisions to the Enforcement Regulation, commits itself to speedily find a position on the proposal;
Amendment 98 #
2019/2197(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the dramatic change insignificant change of direction of the US trade strategpolicy over the past three years, which is focused on bilateral trade and often legally questionableand is concerned by the increase of unilateral trade measures; takes note of the limited progress made towards implementing the joint US-EU Statement of 25 July 2018; stresses the importance of relaunching the EU-US talks on the basis of the existing negotiating mandates adopted in April 2019 by the Councilstresses the importance of relaunching the EU-US talks to resolve issues of common concern, including disputes;
Amendment 117 #
2019/2197(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Invites the Commission to find negotiated solutions with the USA, which include the issue of civil aircraft subsidies, and recalls the agreement found on the allocation of higher share in the tariff rate quota for high-quality beef with the purpose of reducing tensions in transatlantic relations while safeguarding EU interests in the agricultural sectorengage US counterparts to find ways to de- escalate transatlantic trade tensions, including to find negotiated solutions with the US on the issue of civil aircraft subsidies;
Amendment 122 #
2019/2197(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Regrets the formal notification by the US on 4 November 2019 of its withdrawal from the Paris Agreement and recalls that the EU’s Common Commercial Policy should contribute to promote the realisation of the Paris Agreement;
Amendment 124 #
2019/2197(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Regrets that the current administration is considering withdrawing from the General Procurement Agreement; urges the administration to remain a party to that agreement;
Amendment 139 #
2019/2197(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes that, in the last report on the protection and enforcement of intellectual property rights, more than 80 percent of the seizure of counterfeit and pirated goods originate from China, both in 2018 and 2019; calls on the Commission to explore further tools to address these issues and guarantee a full protection of IPRs;
Amendment 144 #
2019/2197(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Takes note of the recent bilateral agreement between the United States and China that could ease the current worldwide trade tensions; however is concerned about the possible impact of the agreement on the discriminations of the EU companies vis à vis US companies; in this context calls on the European Commission to conduct an immediate analysis of the text and take all the appropriate measures to defend the interests of our companies;
Amendment 149 #
Amendment 164 #
2019/2197(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recalls that after the provisional entry into force of the agreement the two parties have created a solid partnership by accompanying the original text with important recommendation on trade, climate action and the Paris Agreement, trade and gender and small and medium- sized enterprises, that is the proof of the dynamic of a trade agreement in its implementation;
Amendment 167 #
2019/2197(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates its concern over the poor use oflow preference utilisation in the EU’s FTArate on EU exports reported by some of its preferential partners; notes, in particular, a large divergence in utilisation by the EUof preferences on the Union’s exporters ins to different agreementtrade partners and little divergence in utilisation between theof preferences on EU’s imports from different trade partners; calls on the Commission to further analyse preference utilisation; highlights the importance of flexible, streamlined, and easy rules of origin in this regard;
Amendment 184 #
2019/2197(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes the entry into force of the ESA and SADC EPAs and interim EPAs with Ghana and the Ivory Coast and regrets the lack of progress in ratification of remaining regional EPAs; expresses its support for the vision set out in the 2018 State of the Union address of a continent-to-continent trade agreement that should be an economic partnership between equals that would serve to support the SDGs;
Amendment 194 #
2019/2197(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Stresses that those three agreements consolidates the strategic dynamic of the European Union in a key area of the world characterized by a rapid growth of population and incomes with significant opportunities for our operators; furthermore by its stronger presence the European Union could create an alternative to the Chinese domination in the area;
Amendment 228 #
2019/2197(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls its position expressed in its previous report on the implementation of the CCP; underlines that the 15-point action plan of 27 February 20188 set out by the Commission services represents a good basis for reflection in order to improve the mechanisms in trade and sustainable development (TSD) chapters; implementation; _________________ 8 https://trade.ec.europa.eu/doclib/press/inde x.cfm?id=1803
Amendment 233 #
2019/2197(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the Commission’s initiative for a European Green Deal and underlines that it should be comprised of a strategy that is ecologically, economically and socially balanced;
Amendment 238 #
2019/2197(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Believes that the current systemapproach already demonstrates some efficiencyallows to address issues of non- compliance with obligations, as seen in the framework of the EU-Korea FTA in which the EU has requested the establishment of a panel following South Korea’s failure to ratify International Labour Organisation (ILO) conventions on workers’ rights, notably on freedom of association and collective bargaining;
Amendment 243 #
2019/2197(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that the early efforts of the Commission and Parliament in the trade negotiations with Mexico and Vietnam paid off with the ratification by both countries respectively in November 2018 and Julyne 2019 of the ILO Convention 98 on the right to organise and collective bargaining;
Amendment 246 #
2019/2197(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Believes that TSD chapters in trade agreements should drivebe one of the drivers of the external dimension of the European Green Deal, aunderlines that any new carbon adjustment mechanism should be compatible with WTO rules as well as EU FTAs; stresses that EU companies that are users of intermediate goods should not be put at a competitive disadvantage;
Amendment 255 #
2019/2197(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Calls for a re-launch of negotiations for an Environmental Goods Agreement and calls for the Commission to propose unilateral modifications of applied tariffs for green goods if these can be identified to contribute to reaching the targets of the European Green Deal;
Amendment 270 #
2019/2197(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recalls that the efforts to keep rules-based trade must play a crucial role in our trade strategy and in this context recalls the adoption on the modernisation package of trade defence instruments in 2018, and the new foreign direct investment screening mechanism; stresses that the new foreign investment screening mechanism should never be a tool for protectionism;
Amendment 274 #
2019/2197(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Welcomes the announcement by the Commission of the appointment early in 2020 of a Chief Trade Enforcement Officer (CTEO) to monitor and improve the compliance of the EU’s trade agreements, and underlines the need for this newly created post to focus on implementation and enforcement of our trade agreements, for breaches of both market access and trade and sustainable development commitments; calls on the Commission to further clarify this role;
Amendment 286 #
2019/2197(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Welcomes the fact that these negotiations bring together a very large number of WTO members and calls for keeping them as open and inclusive as possible;
Amendment 296 #
2019/2197(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Asks the Commission, in collaboration with Member States and business, to facilitate the use and understanding of rules of origin for SMEs; reminds the Commission of its objective to launch in early 2020 a dedicated rules of origin self-assessment tool for SMEs on the Access2Market platform, whereto help companies can calculateassess whether a product can benefit from preferences under a given EU trade agreement, as expressed in the letter of 13 November 2019 from Members of Parliament’s Committee on International Train order to the former Commissioner for Trade Cecilia Malmström, in order to improvfacilitate SMEs’ utilisation rate of EU FTAs, which is lower than the averageof preferences under EU trade agreements, and so that SMEs ultimately enjoy the full benefits of trade agreements;
Amendment 299 #
2019/2197(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Impact of the COVID-19 virus on trade Regrets the serious impact of the COVID- 19 virus and following lockdown of economies on global trade, both imports and exports to the EU being reduced and value chains interrupted and halted as a result;believes that the EU and its Member states needs to act swiftly to use trade policy as a tool to recover global economies and mitigate recession;is of the firm belief that the EU must ensure open, rules-based trade in time of crisis and avoid measures that restrict and/or distorts trade and similarly challenge such measures from third countries;all of which should be included in the foreseen review of EU trade policy in 2020; Strongly believes in the facilitating role of cooperation at international, multilateral, plurilateral and bilateral level alike;stresses therefore the importance of reforming and strengthening the World Trade Organisation, progressing on the current negotiations and in particular revamping negotiations for a swift conclusion of a plurilateral agreement on free circulation of medical equipment (Zero-for-zero), fulfilling the potential of a different and higher level of transatlantic trade relationship with the US and considering trade agreements as a way to help companies diversify their sources; Stresses that the EU must ensure open trade flows and sustained global value chains, and therefore refrain from export restrictions such as on Personal Protective Equipment (PPE), of which the EU is depending on trade partners in third countries; urges those member states which restricts the flow of critical goods on the internal market to immediately lift their export restrictions and the Commission to apply a zero tolerance for such breaches against the rules of the Single Market; takes the view that the EU must carefully assess and identify critical sectors and societal vulnerabilities where the Union needs to secure its supply of products, and to seek effective and proportionate remedies in trade policy;
Amendment 143 #
2019/2191(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
Amendment 144 #
2019/2191(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Stresses that the main objectives of EU rail coordination are to strengthen the robustness of the core network and to increase the share of freight and passenger transport by rail; stresses therefore that ERTMS deployment must take place in a way that does not crowd out other, more urgent investments that Member States, railway managers and train operators can make in order to achieve those objectives effectively;
Amendment 10 #
2019/2186(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the emergence of digital platforms in the transport and tourism sectors has given rise to new jobs, removed obstacles in the labour market and boosted flexibility for workers, businesses and consumers;
Amendment 12 #
2019/2186(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the platform economy has enabled more people to take on part-time jobs on their own terms, to an extent that suits them as individuals, and whereas this gives people more freedom to choose how they participate in working life and generate extra income; whereas this has also made the economic system more efficient overall, because unused resources such as private vehicles can be used more expediently and can help, in a cost-effective manner, to strike a balance between supply and demand;
Amendment 15 #
2019/2186(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Amendment 18 #
2019/2186(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas emphasis should be placed on the many positive effects brought about by the growth in the platform economy in the transport and tourism sectors in the form of more choice, improved resource-efficiency and easier exchanges between people and businesses;
Amendment 19 #
2019/2186(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas there is significant potential available to further increase the pace of digitalisation in the transport sector, and whereas with that in mind future national rules and regulations must be formulated so as to facilitate, rather than hinder, technological development, while also fostering competition on a level playing field;
Amendment 20 #
2019/2186(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
Af. whereas a good business environment and strong European competitiveness are preconditions for the retention of existing jobs and the emergence of new ones;
Amendment 22 #
2019/2186(INI)
Draft opinion
Recital B
Recital B
B. whereas precarious self- employment in the platform sector is increasing, particularly for low-skilled platform-determined on-location work1, including driving and delivery; whereas well-judged strategies are required to strike the right balance between the flexibility and efficiency demanded by workers and consumers alike, on the one hand, and good, predictable working conditions for workers, on the other; _________________ 1Eurofound (2018), Employment and working conditions of selected types of platform work, Publications Office of the European Union, Luxembourg.
Amendment 61 #
2019/2186(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the unfair competitive advantages ofthat some operators within the platform economy have received over the traditional economy, basedy means onf social dumping and tax avoidance and evasion and so on, are unacceptable;
Amendment 63 #
2019/2186(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that labour relations do not fall within the EU’s remit and are a matter for the Member States and the social partners;
Amendment 72 #
2019/2186(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to come up with a strategy to align thefoster dialogue between the social partners to ensure good working conditions ofor platform workers with those of regular employees, with full respect for the diversity of national labour market models and the autonomy of social partners;
Amendment 73 #
2019/2186(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 83 #
2019/2186(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 168 #
2019/2176(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 689 #
2019/2176(INI)
Motion for a resolution
Paragraph 33 a (new)
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;
Amendment 4 #
2019/2156(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the progress made through Forest Law Enforcement, Governance and Trade (FLEGT) Voluntary Partnership Agreements (VPAs), especially in IndonesiaMalaysia and Vietnam, and the increased dialogue between governments, industry and civil society in several countries resulting from the VPA process; is convinced that the EU should continue to engage with VPA countries to ensure it remains an attractive alternative to export markets with less stringent environmental standards; stresses that the VPAs constitute a very effective framework to establish good partnerships with those countries and new VPAs with additional partners should be promoted; welcomes the Commission’s upcoming fitness check of the FLEGT Regulation and the EU Timber Regulation;
Amendment 14 #
2019/2156(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that the objective of the VPAs is to provide a legal framework aimed at ensuring that all timber and timber product imports from partner countries into the EU covered by the VPA have been produced legally; and that VPAs are generally intended to foster systemic changes in the forestry sector aimed at sustainable management of forests, eradicating illegal logging and supporting worldwide efforts to stop deforestation and forest degradation;
Amendment 16 #
2019/2156(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recalls that sustainable and inclusive forest management and governance is essential to achieve the objectives set in the 2030 Agenda for Sustainable Development and the Paris Agreement;
Amendment 17 #
2019/2156(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Underlines that the VPAs provide an important legal framework for both the EU and its partner countries, made possible with the good cooperation and engagement by the countries concerned;
Amendment 34 #
2019/2156(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls for the EU to ensure the coherence of the VPA with all its policies, including in the fields of development, the environment, agriculture and trade;
Amendment 38 #
2019/2156(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that clear commitments in the fight against deforestation are included in all new trade agreements including Mercosur and others;
Amendment 22 #
2018/0356M(NLE)
Motion for a resolution
Recital A
Recital A
A. whereas Vietnam is a strategic partner for the European Union, and whereas the EU and Vietnam share a common agenda to stimulate growth and employment, improve competitiveness, fight poverty and achieve the Sustainable Development Goals (SDGs), as well as a strong commitment to open, rules- based trade and the multilateral trading system;
Amendment 32 #
2018/0356M(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas Vietnam joined the WTO in 2007 and is now one of the mostan open and pro-free trade economies in the worldy, as shown by its 16 trade agreements with 56 countries;
Amendment 61 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. StressesWelcomes the fact that the EU- Vietnam FTA (EVFTA) is the most comprehensive and ambitious agreement ever concluded between the EU and a developing country and should serves as a reference point for the EU’s engagement with developing countries;
Amendment 65 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that negotiations began in June 2012 and were concluded in December 2015 after 14 negotiating rounds, and regrets subsequent delays in bringing forward the agreement for signature and ratification, notably the delay of the Council to request the consent of the European Parliament in due time before the European elections;
Amendment 90 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convinced that the agreement, together with the EU-Singapore Free Trade Agreement, will make further strides towards setting high standards and rules in the ASEAN region, helping to pave the way for a future region-to-region trade and investment agreement; stresses that the agreement also sends a strong signal in favour of open and free trade at times of protectionist tendencies and the questioning of multilateral rules-based trade;
Amendment 94 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that the agreement will eliminate over 99 % of tariffs9 ; notes that Vietnam will liberalise 65 % of import duties on EU exports to Vietnam upon entry into force, with the remainder of the duties being gradually eliminated over a 10-year period; notes also that the EU will liberalise 71 % of its imports upon entry into force and 99 % will be duty free after a 7-year period; points out that the agreement will also contain specific provisions to address non-tariff barriers for EU exports; considers that the EVFTA can help in addressing the trade deficit of the EU with Viet Nam, tapping into the growth potential of the ASEAN country in the upcoming years; _________________ 9 EU exports to Viet Nam: 65 % of duties to disappear as soon as the FTA enters into force, and the remainder to be phased out gradually over a period of up to 10 years (for example, in order to protect the Vietnamese motor sector from European competition, duties on cars will remain for the full 10 years); Vietnamese exports to the EU: 71 % of duties to disappear on entry into force, the remainder to be phased out over a period of up to seven years.
Amendment 96 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that after the entering into force of the Agreement, Vietnam will no longer benefit from preferences under the General Scheme of Preferences (GSP); notes in this regard that Vietnam will no longer be able to use cumulation from other trading partners that are GSP beneficiaries in the region to be able to fulfil the rules of origin; strongly stresses that rules of origin in free trade agreements should not unnecessarily break existing value chains, especially with countries that currently benefit from the GSP, GSP+ or EBA-schemes;
Amendment 109 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the fact that the Agreement includes a chapter on customs and trade facilitation; considers that continued cooperation on trade facilitation will be necessary to reap the full benefits of the Agreement; however notes the absence of a dedicated SME chapter; considers that in a potential revision of the Agreement the Commission should explore the possibility to introduce one;
Amendment 111 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Emphasises the importance of SMEs to contribute to jobs, competitiveness and growth; stresses therefore the importance to facilitate implementation of the Agreement for these companies; especially since SMEs need clear rules in trade that do not bring unnecessary regulatory burdens; stresses therefore the importance of consulting SMEs during the implementation period;
Amendment 115 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the EVFTA will help Vietnam go further in improving IPR protection, to the benefit of IPR owners and consumers, as Vietnam will accede to the World Intellectual Property Organisation (WIPO) Internet Treaties, which set standards to prevent unauthorised online access to or use of creative work, protect the rights of owners, and address the challenges that new technologies and methods of communication pose to IPR; stresses the strategic importance of standard setting capacity in a region that is witnessing tendencies of decoupling on the normative and standardization fronts; reiterates that a lack of strong regulatory frameworks could trigger a race to the bottom and a negative competition on important legal provisions; highlights that a swift ratification of the EVFTA can guarantee the highest standards of production and best quality for consumers;
Amendment 124 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that the agreement fully safeguards the EU’s right to apply its own standards to all goods and services sold in the EU and upholds the EU’s precautionary principle;
Amendment 125 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Regrets that the Agreement does not include a provision on cross-border data transfers; considers that in a future revision of the Agreement, such a provision that respects EU law on data protection and on the protection of privacy should be included and stresses that any future outcome must be subject to the consent of Parliament; notes in this regard that the General Data Protection Regulation is fully compatible with the general exceptions under the GATS;
Amendment 129 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the EVFTA includes a robust, comprehensive and bindingenforceable chapter on Trade and Sustainable Development (TSD) dealing with labour and environmental matters, based on widely accepted multilateral conventions and norms, and including a binding dispute settlement mechanism; stresses that the TSD chapter is designed to contribute to broader EU policy objectives, notably on inclusive growth, the fight against climate change and more generally in upholding EU values; emphasises that it is also an instrument for development and social progress in Vietnam to support Vietnam in its efforts to improve labour rights and to enhance protection at work and protection of the environment; stresses the importance of monitoring the implementation of the TSD chapter, including through cooperation with the domestic advisory groups;
Amendment 145 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the concrete steps taken by the Vietnamese Government so far, including amending labour legislation and the legal framework on the minimum age at work, aimed at abolishing child labour and making commitments on non- discrimination and gender equality at work; expects this new legislation to be fully enforced by Vietnamese authorities;
Amendment 154 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses, however, that despite this progress, important challenges remain; welcomes in this regard the ratification of fundamental ILO Convention 98 (collective bargaining) on 14 June 2019 and the commitment by the Vietnamese Government to ratify two remaining fundamental Conventions, namely 105 (abolition of forced labour) in 2020 and 87 (freedom of association) in 2023, following the imminent adoption of the new Labour Code; expects the Vietnamese government to continuously inform the EU on the progress on ratification of these outstanding conventions;
Amendment 163 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change, and to act in favour of the conservation and sustainable management of wildlife, biodiversity and forestry; recalls that the Agreement provides for specific measures to fight against Illegal, Unreported and Unregulated fishing (IUU) and to promote a sustainable and responsible fishery sector, including aquaculture; recalls that Viet Nam is one of the most active countries in the broader ASEAN region in showcasing their commitment to the agenda of the Paris Agreement; emphasizes that a swift ratification of the EVFTA will contribute to ensuring the highest possible standards for environmental protection in the region;
Amendment 186 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Recalls previous experience which shows that correct implementation of FTAs and the presence of EU companies on the ground can lead to improvements in the human rights conditions, CSR and environment standards in less developed countries such as Sri Lanka or Cambodia; asks EU companies to continue to play a major role in bridging standards and good practices in order to bring about the most suitable and sustainable business environment in Viet Nam through the EVFTA;
Amendment 187 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for enhanced monitoring of the agreement and efforts to ensure that shortcomings are addressed rapidly with our trading partner; calls for specific technical assistance in order to help Vietnam implement some of the commitments via projects and expertise, notably linked to environmental and labour provisions; reminds the Commission of its reporting obligations on the implementation of the EVFTA to the European parliament and the Council;
Amendment 198 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the involvement of civil society in monitoring the implementation of the agreement is crucial, and calls for the swift establishment of domestic advisory groups following the entry into force of the agreement and for the balanced representation of civil society therein; calls on the Commission to intensively cooperate with the domestic advisory groups;
Amendment 213 #
2018/0356M(NLE)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Council to swiftly adopt the Agreement;
Amendment 52 #
2018/0135(CNS)
Proposal for a decision
Recital 6
Recital 6
Amendment 66 #
2018/0135(CNS)
Proposal for a decision
Recital 7
Recital 7
Amendment 70 #
2018/0135(CNS)
Proposal for a decision
Recital 8
Recital 8
(8) The Union considers as a priority to achieve its emission reduction target of at least 40% between 1990 and 2030 as committed under the Paris Climate Agreement. The European Union Emissions Trading System is one of the main instruments put in place to implement this objective and generates revenue through the auctioning of emission allowances. Considering the harmonised nature of the European Union Emissions Trading System as well as the funding provided by the Union to foster mitigation and adaptation efforts in the Member States, it is appropriate to introduce a new Own Resource for the EU budget in this context. This Own Resource should be based on the allowances to be auctioned by Member States, including transitional free allocation to the power sector. In order to take account of the specific provisions for certain Member States provided for in Directive 2003/87/EC of the European Parliament and of the Council20 , allowances redistributed for the purposes of solidarity, growth and interconnections as well as allowances dedicated to the Innovation Fund and the Modernisation Fund should not be counted for determining the Own Resource contribution. _________________ 20Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). Or. en (NOTE: the text comes from COM(2018)0325)
Amendment 75 #
2018/0135(CNS)
Proposal for a decision
Recital 9
Recital 9
Amendment 90 #
2018/0135(CNS)
Proposal for a decision
Recital 10
Recital 10
(10) It is necessary to avoid that Member States which benefit from corrections are confronted with a significant and sudden increase in their national contributions. It is therefore necessary to provide for temporary corrections in favour of Austria, Denmark, Germany, the Netherlands and Sweden by means of lump sum reductions to their Gross National Income-based contributions during a transitional period. Those corrections should be phased out by the end of 2025. . Or. en (NOTE: the text comes from COM(2018)0325)
Amendment 102 #
2018/0135(CNS)
Proposal for a decision
Recital 16
Recital 16
(16) In order to ensure transition to the revised system of Own Resources and to coincide with the financial year, this Decision should apply from 1 January 2021. The provisions concerning the contribution based on the Common Consolidated Corporate Tax Base should, however, not be subject to retroactive application and should be deferred given that Union rules on the Common Consolidated Corporate Tax Base are not yet adopted. Or. en (NOTE: the text comes from COM(2018)0325)
Amendment 106 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 1 – subparagraph 1 – point c
Article 2 – paragraph 1 – subparagraph 1 – point c
Amendment 108 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 1 – subparagraph 1 – point d
Article 2 – paragraph 1 – subparagraph 1 – point d
Amendment 112 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 1 – subparagraph 1 – point e
Article 2 – paragraph 1 – subparagraph 1 – point e
Amendment 125 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
Amendment 133 #
2018/0135(CNS)
Proposal for a decision
Article 2 – paragraph 1 – subparagraph 4
Article 2 – paragraph 1 – subparagraph 4
Amendment 153 #
2018/0135(CNS)
Proposal for a decision
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 157 #
2012/0060(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country that could result in the impairment of access of Union goods, services or economic operators to the procurement or concession markets, the Commission should examine to what degree laws on public, rules or other measures on procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement, and do not result in serious and preclude any discriminaurring restrictions against Union goods, services andor economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatoryrestrictive practices against Union goods, services andor economic operators.
Amendment 168 #
2012/0060(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should be able, on its own initiative or at the application of interested parties or a Member State, to initiate at any time an external and transparent procurement investigation into restrictive or discriminatory procurement measures or practices allegedly adopted or maintained by a third country. . Such investigative procedures should be without prejudice to Regulation (EU) No 654/2014 of the European Parliament and of the Council .
Amendment 174 #
2012/0060(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The determination whether an investigation is in the interest of the Union should be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry, users and consumers. The Commission should weigh up the consequences of starting an investigation against its impact, and the potential measures that could be adopted under this Regulation, on EU’s broader interests. The general objective of opening third country markets and improving market access opportunities for EU economic operators should be given special consideration. The objective of limiting any unnecessary administrative burden for contracting authorities and contracting entities as well as economic operators should also be taken into account.
Amendment 190 #
2012/0060(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) If the investigation confirms the existence of the restrictive measures or practices and the consultations with the third country concerned do not lead to sufficientatisfactory corrective action(s) that result in improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that countryunder this Regulation, measures in the form of exclusion of tenders (‘IPI measures’).
Amendment 194 #
2012/0060(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Such measures should be applied only for the purpose of the evaluation of tenders comprising goods or services originating in the country concerned. To avoid circumvention of those measures, it may also be necessary to target certain foreign-controlled or owned legal persons that, although established in the European Union, are not engaged in substantive business operations that have a direct and effective link with the economy of at least one Member State . Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond. Measures should not aim to completely restrict foreign competition in the European procurement market, there should be efficiency and flexibility for the EU to continue to procure high quality goods and services at reasonable prices of taxes for the Member State.
Amendment 431 #
2012/0060(COD)
Amendment 435 #
2012/0060(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Commission shall determine the contracting authorities or entities or categories of contracting authorities or entities, listed by Member State, whose procurement is concerned by the measure. To provide the basis for this determination, each Member State shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities. The Commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved. The Commission shall aim to reduce the administrative burden as much as possible for contracting authorities, entities and enterprises, especially for SMEs.
Amendment 438 #
2012/0060(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)