BETA

Activities of Arba KOKALARI

Plenary speeches (40)

Opening accession negotiations with North Macedonia and Albania (continuation of debate)
2019/10/23
Dossiers: 2019/2883(RSP)
EU accession to the Istanbul Convention and other measures to combat gender-based violence (debate)
2019/11/25
Dossiers: 2019/0132(NLE)
Cross-border organised crime and its impact on free movement (debate)
2020/01/13
Annual report 2018 on the human rights and democracy in the world and the European Union's policy on the matter (debate)
2020/01/14
Dossiers: 2019/2125(INI)
Burundi, notably the freedom of expression
2020/01/16
Dossiers: 2020/2502(RSP)
Fighting against antisemitism, racism and hatred across Europe (debate)
2020/02/11
The 2019 Human Rights Annual report - Stability and Security in the Mediterranean and the negative role of Turkey - Situation in Belarus (debate)
2020/07/09
Women in decision making on company boards, including the state of play on the directive on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (debate)
2020/10/05
Eritrea, the case of Dawit Isaak
2020/10/08
Dossiers: 2020/2813(RSP)
Digital Services Act: Improving the functioning of the Single Market - Digital Services Act: adapting commercial and civil law rules for commercial entities operating online - Digital Services Act and fundamental rights issues posed - Framework of ethical aspects of artificial intelligence, robotics and related technologies - Civil liability regime for artificial intelligence - Intellectual property rights for the development of artificial intelligence technologies (continuation of debate)
2020/10/19
Dossiers: 2020/2022(INI)
Towards a more sustainable single market for business and consumers (debate)
2020/11/23
Dossiers: 2020/2021(INI)
Istanbul Convention and violence against women (debate)
2020/11/25
New Circular Economy Action Plan (debate)
2021/02/08
Dossiers: 2020/2077(INI)
Democratic scrutiny of social media and the protection of fundamental rights (debate)
2021/02/10
Turkey’s withdrawal from the Istanbul Convention (debate)
2021/03/25
Barriers to the free movement of goods (debate)
2021/12/16
Dossiers: 2021/2908(RSP)
Digital Services Act (debate)
2022/01/19
Dossiers: 2020/0361(COD)
Foreign interference in all democratic processes in the EU (debate)
2022/03/08
Dossiers: 2020/2268(INI)
Right to repair (debate)
2022/04/07
Dossiers: 2022/2515(RSP)
The impact of the war against Ukraine on women (debate)
2022/05/05
Dossiers: 2022/2633(RSP)
Global threats to abortion rights: the possible overturn of abortion rights in the US by the Supreme Court (debate)
2022/06/08
Dossiers: 2022/2665(RSP)
Digital Services Act - Digital Markets Act (debate)
2022/07/04
Dossiers: 2020/0374(COD)
Fighting sexualised violence - The importance of the Istanbul Convention and a comprehensive proposal for a directive against gender-based violence (debate)
2022/10/19
Cultural solidarity with Ukraine and a joint emergency response mechanism for cultural recovery in Europe (debate)
2022/10/20
Dossiers: 2022/2759(RSP)
Eliminating violence against Women (debate)
2022/11/23
30th Anniversary of the Single Market (debate)
2023/01/16
Presentation of the programme of activities of the Swedish Presidency (debate)
2023/01/17
Council of Europe Convention on preventing and combating violence against women and domestic violence: EU accession (debate)
2023/02/14
Dossiers: 2016/0062R(NLE)
Council of Europe Convention on preventing and combating violence against women and domestic violence: EU accession (continuation of debate)
2023/02/14
Dossiers: 2016/0062R(NLE)
Council of Europe Convention on preventing and combating violence against women and domestic violence – EU accession: institutions and public administration of the Union - Council of Europe Convention on preventing and combating violence against women and domestic violence - EU accession: judicial cooperation in criminal matters, asylum and non-refoulement (debate)
2023/05/09
Dossiers: 2016/0062A(NLE)
Council of Europe Convention on preventing and combating violence against women and domestic violence – EU accession: institutions and public administration of the Union - Council of Europe Convention on preventing and combating violence against women and domestic violence - EU accession: judicial cooperation in criminal matters, asylum and non-refoulement (debate)
2023/05/09
Dossiers: 2016/0062A(NLE)
Empowering consumers for the green transition (debate)
2023/05/09
Dossiers: 2022/0092(COD)
Council of Europe Convention on preventing and combating violence against women and domestic violence – EU accession: institutions and public administration of the Union (A9-0169/2023 - Łukasz Kohut, Arba Kokalari) (vote)
2023/05/10
Dossiers: 2016/0062A(NLE)
Artificial Intelligence Act (debate)
2023/06/13
Dossiers: 2021/0106(COD)
Single market emergency instrument (debate)
2023/09/12
Dossiers: 2022/0278(COD)
Financial services contracts concluded at a distance (debate)
2023/10/05
Dossiers: 2022/0147(COD)
Fighting disinformation and dissemination of illegal content in the context of the Digital Services Act and in times of conflict (debate)
2023/10/18
Common rules promoting the repair of goods
2023/11/20
Dossiers: 2023/0083(COD)
EU-US relations (debate)
2023/12/12
Dossiers: 2023/2126(INI)
EU-US relations (debate)
2023/12/12
Dossiers: 2023/2126(INI)

Reports (4)

INTERIM REPORT on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence
2023/02/02
Committee: FEMMLIBE
Dossiers: 2016/0062R(NLE)
Documents: PDF(225 KB) DOC(87 KB)
Authors: [{'name': 'Arba KOKALARI', 'mepid': 197406}, {'name': 'Łukasz KOHUT', 'mepid': 197523}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/83/EU concerning financial services contracts concluded at a distance and repealing Directive 2002/65/EC
2023/03/30
Committee: IMCO
Dossiers: 2022/0147(COD)
Documents: PDF(291 KB) DOC(129 KB)
Authors: [{'name': 'Arba KOKALARI', 'mepid': 197406}]
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement
2023/05/02
Committee: FEMMLIBE
Dossiers: 2016/0062B(NLE)
Documents: PDF(194 KB) DOC(67 KB)
Authors: [{'name': 'Arba KOKALARI', 'mepid': 197406}, {'name': 'Łukasz KOHUT', 'mepid': 197523}]
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to institutions and public administration of the Union
2023/05/02
Committee: FEMMLIBE
Dossiers: 2016/0062A(NLE)
Documents: PDF(187 KB) DOC(70 KB)
Authors: [{'name': 'Arba KOKALARI', 'mepid': 197406}, {'name': 'Łukasz KOHUT', 'mepid': 197523}]

Shadow reports (7)

REPORT Towards a more sustainable single market for business and consumers
2020/11/03
Committee: IMCO
Dossiers: 2020/2021(INI)
Documents: PDF(251 KB) DOC(85 KB)
Authors: [{'name': 'David CORMAND', 'mepid': 197503}]
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014
2021/04/26
Committee: IMCO
Dossiers: 2018/0231(COD)
Documents: PDF(170 KB) DOC(54 KB)
Authors: [{'name': 'Brando BENIFEI', 'mepid': 124867}]
REPORT on the Arctic: opportunities, concerns and security challenges
2021/08/04
Committee: AFET
Dossiers: 2020/2112(INI)
Documents: PDF(227 KB) DOC(88 KB)
Authors: [{'name': 'Anna FOTYGA', 'mepid': 28353}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC
2021/12/21
Committee: IMCO
Dossiers: 2020/0361(COD)
Documents: PDF(2 MB) DOC(1 MB)
Authors: [{'name': 'Christel SCHALDEMOSE', 'mepid': 37312}]
REPORT on the proposal for a directive of the European Parliament and of the Council on amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information
2023/03/31
Committee: IMCO
Dossiers: 2022/0092(COD)
Documents: PDF(409 KB) DOC(183 KB)
Authors: [{'name': 'Biljana BORZAN', 'mepid': 112748}]
REPORT on the proposal for a directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828
2023/10/30
Committee: IMCO
Dossiers: 2023/0083(COD)
Documents: PDF(373 KB) DOC(165 KB)
Authors: [{'name': 'René REPASI', 'mepid': 229839}]
REPORT on EU-Japan relations
2023/11/23
Committee: AFET
Dossiers: 2023/2107(INI)
Documents: PDF(172 KB) DOC(62 KB)
Authors: [{'name': 'Reinhard BÜTIKOFER', 'mepid': 96739}]

Opinions (1)

Opinion on Human rights and democracy in the world and the European Union’s policy on the matter – annual report 2023
2023/11/07
Committee: FEMM
Dossiers: 2023/2118(INI)
Documents: PDF(125 KB) DOC(64 KB)
Authors: [{'name': 'Arba KOKALARI', 'mepid': 197406}]

Shadow opinions (6)

OPINION on the determination of a clear risk of a serious breach of the rule of law by the Republic of Poland
2020/07/08
Committee: FEMM
Dossiers: 2017/0360R(NLE)
Documents: PDF(151 KB) DOC(63 KB)
Authors: [{'name': 'Evelyn REGNER', 'mepid': 96998}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union and its Member States from economic coercion by third countries
2022/06/22
Committee: IMCO
Dossiers: 2021/0406(COD)
Documents: PDF(210 KB) DOC(174 KB)
Authors: [{'name': 'Svenja HAHN', 'mepid': 197444}]
OPINION on human rights and democracy in the world and the European Union’s policy on the matter – annual report 2022
2022/11/08
Committee: FEMM
Dossiers: 2022/2049(INI)
Documents: PDF(166 KB) DOC(60 KB)
Authors: [{'name': 'Robert BIEDROŃ', 'mepid': 197498}]
OPINION on the 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
2023/04/27
Committee: IMCO
Dossiers: 2022/0095(COD)
Documents: PDF(279 KB) DOC(187 KB)
Authors: [{'name': 'David CORMAND', 'mepid': 197503}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on Horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020
2023/06/30
Committee: IMCO
Dossiers: 2022/0272(COD)
Documents: PDF(382 KB) DOC(245 KB)
Authors: [{'name': 'Morten LØKKEGAARD', 'mepid': 96709}]
OPINION on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood
2023/09/19
Committee: FEMM
Dossiers: 2022/0402(CNS)
Documents: PDF(202 KB) DOC(142 KB)
Authors: [{'name': 'Robert BIEDROŃ', 'mepid': 197498}]

Institutional motions (110)

MOTION FOR A RESOLUTION on Russia, notably the situation of environmental activists and Ukrainian political prisoners
2019/07/15
Dossiers: 2019/2734(RSP)
Documents: PDF(154 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on Situation in Hong Kong
2019/07/15
Dossiers: 2019/2732(RSP)
Documents: PDF(141 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Hong Kong
2019/07/17
Dossiers: 2019/2732(RSP)
Documents: PDF(149 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on Russia, notably the situation of environmental activists and Ukrainian political prisoners
2019/07/17
Dossiers: 2019/2734(RSP)
Documents: PDF(179 KB) DOC(59 KB)
MOTION FOR A RESOLUTION on Iran, notably the situation of women's rights defenders and imprisoned EU dual nationals
2019/09/16
Dossiers: 2019/2823(RSP)
Documents: PDF(152 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on Myanmar, notably the situation of the Rohingya
2019/09/16
Dossiers: 2019/2822(RSP)
Documents: PDF(148 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on Situation in Turkey, notably the removal of elected mayors
2019/09/16
Dossiers: 2019/2821(RSP)
Documents: PDF(152 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the importance of European remembrance for the future of Europe
2019/09/18
Dossiers: 2019/2819(RSP)
Documents: PDF(155 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on Iran, notably the situation of women’s rights defenders and imprisoned EU dual nationals
2019/09/18
Dossiers: 2019/2823(RSP)
Documents: PDF(158 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on Myanmar, notably the situation of the Rohingya
2019/09/18
Dossiers: 2019/2822(RSP)
Documents: PDF(156 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on situation in Turkey, notably the removal of elected mayors
2019/09/18
Dossiers: 2019/2821(RSP)
Documents: PDF(159 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on The proposed new Criminal Code of Indonesia
2019/10/21
Dossiers: 2019/2881(RSP)
Documents: PDF(141 KB) DOC(43 KB)
MOTION FOR A RESOLUTION on Egypt
2019/10/21
Dossiers: 2019/2880(RSP)
Documents: PDF(158 KB) DOC(47 KB)
MOTION FOR A RESOLUTION On The situation of LGBTI people in Uganda
2019/10/21
Dossiers: 2019/2879(RSP)
Documents: PDF(148 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the situation of LGBTI people in Uganda
2019/10/23
Dossiers: 2019/2879(RSP)
Documents: PDF(159 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence
2019/11/25
Dossiers: 2019/2855(RSP)
Documents: PDF(163 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on Haiti
2019/11/25
Dossiers: 2019/2928(RSP)
Documents: PDF(151 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Cuba, the case of José Daniel Ferrer
2019/11/25
Dossiers: 2019/2929(RSP)
Documents: PDF(145 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on Situation of freedoms in Algeria
2019/11/25
Dossiers: 2019/2927(RSP)
Documents: PDF(169 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on Haiti
2019/11/27
Dossiers: 2019/2928(RSP)
Documents: PDF(161 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on Cuba, the case of José Daniel Ferrer
2019/11/27
Dossiers: 2019/2929(RSP)
Documents: PDF(154 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the situation of freedoms in Algeria
2019/11/27
Dossiers: 2019/2927(RSP)
Documents: PDF(175 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on violations of human rights including religious freedom in Burkina Faso
2019/12/16
Dossiers: 2019/2980(RSP)
Documents: PDF(189 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on The Russian "Foreign Agents" Law
2019/12/16
Dossiers: 2019/2982(RSP)
Documents: PDF(150 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on Afghanistan, notably the allegations of sexual abuse of boys in the Logar Province
2019/12/16
Dossiers: 2019/2981(RSP)
Documents: PDF(141 KB) DOC(44 KB)
JOINT MOTION FOR A RESOLUTION on violations of human rights including religious freedoms in Burkina Faso
2019/12/18
Dossiers: 2019/2980(RSP)
Documents: PDF(191 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the Russian ‘foreign agents’ law
2019/12/18
Dossiers: 2019/2982(RSP)
Documents: PDF(158 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on Afghanistan, notably the allegations of sexual abuse of boys in the Logar Province
2019/12/18
Dossiers: 2019/2981(RSP)
Documents: PDF(154 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on Nigeria, notably the recent terrorist attacks
2020/01/13
Dossiers: 2020/2503(RSP)
Documents: PDF(156 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on Burundi, notably the case of imprisoned journalists
2020/01/13
Dossiers: 2020/2502(RSP)
Documents: PDF(160 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on Nigeria, notably the recent terrorist attacks
2020/01/15
Dossiers: 2020/2503(RSP)
Documents: PDF(161 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on Burundi, notably freedom of expression
2020/01/15
Dossiers: 2020/2502(RSP)
Documents: PDF(169 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on Guinea Conakry, notably violence towards protesters
2020/02/10
Dossiers: 2020/2551(RSP)
Documents: PDF(152 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Child labour in mines in Madagascar
2020/02/10
Dossiers: 2020/2552(RSP)
Documents: PDF(151 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the Republic of Guinea, notably violence towards protestors
2020/02/12
Dossiers: 2020/2551(RSP)
Documents: PDF(162 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on child labour in mines in Madagascar
2020/02/12
Dossiers: 2020/2552(RSP)
Documents: PDF(178 KB) DOC(61 KB)
MOTION FOR A RESOLUTION on the situation in Belarus
2020/09/14
Dossiers: 2020/2779(RSP)
Documents: PDF(154 KB) DOC(48 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Belarus
2020/09/15
Dossiers: 2020/2779(RSP)
Documents: PDF(165 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the continuous violations of human rights in Belarus, in particular the murder of Raman Bandarenka
2020/11/25
Dossiers: 2020/2882(RSP)
Documents: PDF(164 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on the arrest of Alexei Navalny
2021/01/19
Dossiers: 2021/2513(RSP)
Documents: PDF(144 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the arrest of Aleksei Navalny
2021/01/20
Dossiers: 2021/2513(RSP)
Documents: PDF(165 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the crackdown on the democratic opposition in Hong Kong
2021/01/20
Dossiers: 2021/2505(RSP)
Documents: PDF(168 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on Russia, the case of Alexei Navalny, the military build-up on Ukraine’s border and the Russian attack in the Czech Republic
2021/04/27
Dossiers: 2021/2642(RSP)
Documents: PDF(156 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on Russia, the case of Alexei Navalny, the military build-up on Ukraine’s border and Russian attacks in the Czech Republic
2021/04/28
Dossiers: 2021/2642(RSP)
Documents: PDF(174 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on the situation in Cuba, namely the cases of José Daniel Ferrer, Lady in White Aymara Nieto, Maykel Castillo, Luis Robles, Félix Navarro, Luis Manuel Otero, Reverend Lorenzo Rosales Fajardo, Andy Dunier García and Yunior García Aguilera
2021/12/10
Dossiers: 2021/3019(RSP)
Documents: PDF(152 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on continuous crackdown on civil society and human rights defenders in Russia: the case of human rights organisation Memorial
2021/12/13
Dossiers: 2021/3018(RSP)
Documents: PDF(146 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the continuous crackdown on civil society and human rights defenders in Russia: the case of human rights organisation Memorial
2021/12/15
Dossiers: 2021/3018(RSP)
Documents: PDF(163 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Cuba, namely the cases of José Daniel Ferrer, Lady in White Aymara Nieto, Maykel Castillo, Luis Robles, Félix Navarro, Luis Manuel Otero, Reverend Lorenzo Rosales Fajardo, Andy Dunier García and Yunior García Aguilera
2021/12/15
Dossiers: 2021/3019(RSP)
Documents: PDF(164 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on the situation in Kazakhstan
2022/01/17
Dossiers: 2022/2505(RSP)
Documents: PDF(173 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on violations of fundamental freedoms in Hong Kong
2022/01/17
Dossiers: 2022/2503(RSP)
Documents: PDF(157 KB) DOC(48 KB)
JOINT MOTION FOR A RESOLUTION on violations of fundamental freedoms in Hong Kong
2022/01/19
Dossiers: 2022/2503(RSP)
Documents: PDF(171 KB) DOC(59 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Kazakhstan
2022/01/19
Dossiers: 2022/2505(RSP)
Documents: PDF(167 KB) DOC(58 KB)
MOTION FOR A RESOLUTION the political crisis in Burkina Faso
2022/02/14
Dossiers: 2022/2542(RSP)
Documents: PDF(151 KB) DOC(46 KB)
MOTION FOR A RESOLUTION the recent human rights developments in the Philippines
2022/02/14
Dossiers: 2022/2540(RSP)
Documents: PDF(143 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on the death penalty in Iran
2022/02/14
Dossiers: 2022/2541(RSP)
Documents: PDF(155 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the death penalty in Iran
2022/02/16
Dossiers: 2022/2541(RSP)
Documents: PDF(156 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the political crisis in Burkina Faso
2022/02/16
Dossiers: 2022/2542(RSP)
Documents: PDF(159 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on the recent human rights developments in the Philippines
2022/02/16
Dossiers: 2022/2540(RSP)
Documents: PDF(161 KB) DOC(54 KB)
on the Russian aggression against Ukraine
2022/02/28
Dossiers: 2022/2564(RSP)
Documents: PDF(169 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on the situation of journalists and human rights defenders in Mexico
2022/03/07
Dossiers: 2022/2580(RSP)
Documents: PDF(155 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Destruction of cultural heritage in Nagorno-Karabakh
2022/03/07
Dossiers: 2022/2582(RSP)
Documents: PDF(147 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on Myanmar, one year after the coup
2022/03/07
Dossiers: 2022/2581(RSP)
Documents: PDF(155 KB) DOC(48 KB)
on the situation of journalists and human rights defenders in Mexico
2022/03/09
Dossiers: 2022/2580(RSP)
Documents: PDF(158 KB) DOC(51 KB)
Myanmar, one year after the coup
2022/03/09
Dossiers: 2022/2581(RSP)
Documents: PDF(176 KB) DOC(59 KB)
MOTION FOR A RESOLUTION On human rights situation in North Korea, including the persecution of religious minorities
2022/04/04
Dossiers: 2022/2620(RSP)
Documents: PDF(156 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on increasing repression in Russia, including the case of Alexey Navalny
2022/04/05
Dossiers: 2022/2622(RSP)
Documents: PDF(159 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the conclusions of the European Council meeting of 24-25 March 2022, including the latest developments of the war against Ukraine and the EU sanctions against Russia and their implementation
2022/04/05
Dossiers: 2022/2560(RSP)
Documents: PDF(157 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the conclusions of the European Council meeting of 24-25 March 2022, including the latest developments of the war against Ukraine and the EU sanctions against Russia and their implementation
2022/04/06
Dossiers: 2022/2560(RSP)
Documents: PDF(167 KB) DOC(56 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in North Korea, including the persecution of religious minorities
2022/04/06
Dossiers: 2022/2620(RSP)
Documents: PDF(165 KB) DOC(56 KB)
on the Increasing repression in Russia, including the case of Alexey Navalny
2022/04/06
Dossiers: 2022/2622(RSP)
Documents: PDF(164 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on reports of continued organ harvesting in China
2022/05/02
Dossiers: 2022/2657(RSP)
Documents: PDF(162 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on continuous crackdown of political opposition in Cambodia
2022/05/02
Dossiers: 2022/2658(RSP)
Documents: PDF(144 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on the case of Osman Kavala in Turkey
2022/05/02
Dossiers: 2022/2656(RSP)
Documents: PDF(140 KB) DOC(43 KB)
JOINT MOTION FOR A RESOLUTION on the reports of continued organ harvesting in China
2022/05/04
Dossiers: 2022/2657(RSP)
Documents: PDF(156 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the continuous crackdown of political opposition in Cambodia
2022/05/04
Dossiers: 2022/2658(RSP)
Documents: PDF(165 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the case of Osman Kavala in Turkey
2022/05/04
Dossiers: 2022/2656(RSP)
Documents: PDF(167 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on the fight against impunity for war crimes in Ukraine
2022/05/13
Dossiers: 2022/2655(RSP)
Documents: PDF(184 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on the prosecution of opposition and detention of trade union leaders in Belarus
2022/05/13
Dossiers: 2022/2664(RSP)
Documents: PDF(169 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on the fight against impunity for war crimes in Ukraine
2022/05/17
Dossiers: 2022/2655(RSP)
Documents: PDF(183 KB) DOC(56 KB)
JOINT MOTION FOR A RESOLUTION on the prosecution of the opposition and the detention of trade union leaders in Belarus
2022/05/17
Dossiers: 2022/2664(RSP)
Documents: PDF(193 KB) DOC(58 KB)
MOTION FOR A RESOLUTION on violations of media freedom and safety of journalists in Georgia
2022/06/06
Dossiers: 2022/2702(RSP)
Documents: PDF(146 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on global threats to abortion rights: the possible overturning of abortion rights in the US by the Supreme Court
2022/06/06
Dossiers: 2022/2665(RSP)
Documents: PDF(229 KB) DOC(64 KB)
MOTION FOR A RESOLUTION on the instrumentalisation of justice as a repressive tool in Nicaragua
2022/06/06
Dossiers: 2022/2701(RSP)
Documents: PDF(148 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on the human rights situation in Xinjiang, including the Xinjiang police files
2022/06/07
Dossiers: 2022/2700(RSP)
Documents: PDF(159 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Xinjiang, including the Xinjiang police files
2022/06/08
Dossiers: 2022/2700(RSP)
Documents: PDF(169 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on violations of media freedom and the safety of journalists in Georgia
2022/06/08
Dossiers: 2022/2702(RSP)
Documents: PDF(157 KB) DOC(53 KB)
on the instrumentalisation of justice as a repressive tool in Nicaragua
2022/06/08
Dossiers: 2022/2701(RSP)
Documents: PDF(156 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on the candidate status of Ukraine, the Republic of Moldova and Georgia
2022/06/20
Dossiers: 2022/2716(RSP)
Documents: PDF(147 KB) DOC(48 KB)
JOINT MOTION FOR A RESOLUTION on the candidate status of Ukraine, the Republic of Moldova and Georgia
2022/06/22
Dossiers: 2022/2716(RSP)
Documents: PDF(159 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s heath in the EU
2022/07/05
Dossiers: 2022/2742(RSP)
Documents: PDF(199 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on human rights violations in the context of forced deportation of Ukrainian civilians to and forced adoption of Ukrainian children in Russia
2022/09/12
Dossiers: 2022/2825(RSP)
Documents: PDF(152 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on human rights violations in the context of the forced deportation of Ukrainian civilians to and the forced adoption of Ukrainian children in Russia
2022/09/14
Documents: PDF(165 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on the death of Mahsa Amini and the repression of women’s rights protesters in Iran
2022/10/03
Dossiers: 2022/2849(RSP)
Documents: PDF(148 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on Russia’s escalation of its war of aggression against Ukraine
2022/10/03
Dossiers: 2022/2851(RSP)
Documents: PDF(149 KB) DOC(48 KB)
JOINT MOTION FOR A RESOLUTION on the death of Mahsa Jina Amini and the repression of women’s rights protesters in Iran
2022/10/05
Documents: PDF(162 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on Russia’s escalation of its war of aggression against Ukraine
2022/10/05
Documents: PDF(167 KB) DOC(54 KB)
DRAFT MOTION FOR A RESOLUTION on the establishment of a tribunal on the crime of aggression against Ukraine
2023/01/16
Dossiers: 2022/3017(RSP)
Documents: PDF(151 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on the establishment of a tribunal on the crime of aggression against Ukraine
2023/01/18
Documents: PDF(165 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on the preparation of the EU-Ukraine Summit
2023/01/25
Dossiers: 2023/2509(RSP)
Documents: PDF(150 KB) DOC(48 KB)
JOINT MOTION FOR A RESOLUTION on the preparation of the EU-Ukraine Summit
2023/01/30
Documents: PDF(164 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on one year of Russia’s invasion and war of aggression against Ukraine
2023/02/13
Dossiers: 2023/2558(RSP)
Documents: PDF(150 KB) DOC(50 KB)
on one year of Russia’s invasion and war of aggression against Ukraine
2023/02/15
Documents: PDF(169 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on one year of Russia’s invasion and war of aggression against Ukraine
2023/02/15
Documents: PDF(170 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on further repression against the people of Belarus, in particular the cases of Andrzej Poczobut and Ales Bialiatski
2023/03/08
Dossiers: 2023/2573(RSP)
Documents: PDF(152 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on further repression against the people of Belarus, in particular the cases of Andrzej Poczobut and Ales Bialiatski
2023/03/13
Documents: PDF(176 KB) DOC(58 KB)
MOTION FOR A RESOLUTION on the challenges facing the Republic of Moldova
2023/04/12
Dossiers: 2023/2595(RSP)
Documents: PDF(156 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on the challenges facing the Republic of Moldova
2023/04/17
Documents: PDF(181 KB) DOC(60 KB)
MOTION FOR A RESOLUTION on the effectiveness of the EU sanctions on Russia
2023/11/06
Dossiers: 2023/2905(RSP)
Documents: PDF(153 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the effectiveness of the EU sanctions on Russia
2023/11/08
Documents: PDF(170 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on the Commission delegated directive of 17 October 2023 amending Directive 2013/34/EU of the European Parliament and of the Council as regards the adjustments of the size criteria for micro, small, medium-sized and large undertakings or groups
2023/12/06
Dossiers: 2023/2922(DEA)
Documents: PDF(142 KB) DOC(65 KB)

Oral questions (2)

LGBTI-free zones in Poland within the scope of the Rete Lenford case
2020/06/17
Documents: PDF(63 KB) DOC(11 KB)
Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the adopted legal changes in the Hungarian Parliament
2021/06/22
Documents: PDF(55 KB) DOC(11 KB)

Written explanations (73)

General budget of the European Union for 2020 - all sections (A9-0017/2019 - Monika Hohlmeier, Eider Gardiazabal Rubial)

Moderaterna välkomnar parlamentets satsningar inom forskning samt gemensamma åtgärder för migration inom ramen för årsbudgeten för 2020. Däremot måste sådana satsningar åtföljas av neddragningar inom andra områden som jordbrukspolitik och regionstöd. Vi kan inte ställa oss bakom parlamentets totala höjningar i budgeten om 2,7 miljarder euro och röstade därför emot resolutionen i sin helhet.
2019/10/23
State of play of the disclosure of income tax information by certain undertakings and branches - public country-by-country reporting (B9-0117/2019)

Vi har i dag valt att rösta för resolutionen om offentlig land-för-land-rapportering, eftersom det enbart handlar om att befästa en redan antagen ståndpunkt från 2017. Det är avgörande att skatteflykt bekämpas så effektivt som möjligt, samtidigt måste den rättsliga grunden för förslaget nu reds ut. För oss är det också viktigt att rådet och Europaparlamentet i en eventuell överenskommelse inte skadar europeisk konkurrenskraft.
2019/10/24
Search and rescue in the Mediterranean (B9-0130/2019, B9-0131/2019, B9-0132/2019, B9-0154/2019)

Moderaterna står bakom den nystart inom migrationspolitiken som den tillträdande kommissionsordföranden har aviserat. Den framtida migrationspolitiken måste vara ordnad, rättvis och förutsägbar. I detta ingår att medlemsstaterna och EU:s myndigheter, exempelvis Frontex, har ansvar för gränskontroller och sök- och räddningsinsatser. Därför ställer vi oss inte bakom förslag som inte värnar dessa myndigheters integritet och exklusiva rätt till sina egna underrättelseuppgifter. Vi vill dessutom att förslaget om en tvingande omfördelning inom EU dras tillbaka och ersätts med ett förslag som bygger på nya former av solidaritet. För att komma framåt i förhandlingarna om EU:s framtida migrationspolitik måste alla parter vara beredda till kompromisser. Detta gäller såväl rådet som parlamentet.
2019/10/24
Mobilisation of the European Globalisation Adjustment Fund - EGF/2019/001 BE/Carrefour - Belgium (A9-0021/2019 - José Manuel Fernandes)

Globalisering och frihandel är något som ska bejakas eftersom det skapar nya, bättre, mer specialiserade och mer välbetalda arbetstillfällen. Däremot finns det ett syfte med att ge omställningsstöd för arbetstagare som förlorar sina jobb, men sådana insatser görs bäst på medlemsstatsnivå och därför är vi kritiska till globaliseringsfonden, även om vi vanligtvis inte tar strid mot enskilda utbetalningar. I detta fall är det inte tydligt om uppsägningarna faktiskt kan härledas till globaliseringseffekter och därmed uppfyller kriterierna för mobilisering av fonden. I nuläget förefaller anledningen vara digitalisering och automatisering som ger förändrade konsumtionsmönster såsom e-handel. För att en utbetalning ska godkännas behöver kommissionen ytterligare tydliggöra huruvida Belgien är stödberättigat i fallet Carrefour. Därför röstade vi emot denna utbetalning.
2019/11/14
Fair taxation in a digitalised and globalised economy - BEPS 2.0 (B9-0238/2019)

Moderaterna ser positivt på arbetet inom OECD för att förhindra att bolagsskattebaser försvinner. Däremot kan vi inte ställa oss bakom att EU ensidigt går vidare med egna regler eller sätter en lägsta skattesats. Beslut om skattefrågor på EU-nivå ska även i fortsättningen fattas med enhällighet i ministerrådet. Därför kunde vi inte rösta för resolutionen.
2019/12/18
Annual report on the implementation of the common security and defence policy (A9-0052/2019 - Arnaud Danjean)

I en försämrad säkerhetsmiljö bygger vi i Sverige bäst vår säkerhet tillsammans med andra. EU bör ta ett större ansvar och vi bör fördjupa det europeiska säkerhets- och försvarssamarbetet med ett strategiskt oberoende som tar hänsyn till Natos grundläggande roll i det kollektiva försvaret. Moderaterna anser att resolutionen innehåller bra förslag, exempelvis om militär rörlighet, försvarsindustriellt samarbete, kapacitet, insatser och hybridkrigföring, men vi motsätter oss långtgående förslag, såsom införandet av ett gemensamt försvar. Det är också viktigt för svensk försvarsindustri att försvarsmarknaderna är öppna för ägande från tredje länder.
2020/01/15
Activities of the European Ombudsman in 2018 (A9-0032/2019 - Peter Jahr)

Vi värnar en aktiv roll för Europeiska ombudsmannen för att granska myndighetsutövning på europeisk nivå och tillse att medborgares rättigheter inte kommer i kläm. Vi tycker också att EU-förvaltningen kan bli mer transparent genom en utökad offentlighetsprincip på europeisk nivå. Därför röstade vi för årsbetänkandet om ombudsmannen. Däremot motsätter vi oss ett obligatoriskt öppenhetsregister eftersom det skulle innebära en omotiverad inskränkning av mötes- och yttrandefriheten.
2020/01/16
Common charger for mobile radio equipment (RC-B9-0070/2020, B9-0070/2020, B9-0072/2020, B9-0074/2020, B9-0075/2020, B9-0076/2020, B9-0085/2020)

Vi ser positivt på intentionen att minska onödigt elektroniskt avfall och förenkla för konsumenterna. Tvingande standardiseringslagstiftning i detta fall riskerar emellertid att få en hämmande effekt på innovation och teknikutveckling, vilket i slutändan får negativa konsekvenser för både konsumenterna och den gröna omställningen. Därför valde vi att rösta emot resolutionen.
2020/01/30
Gender pay gap (B9-0069/2020, B9-0073/2020, B9-0083/2020, B9-0084/2020)

Vi värnar om att EU tar en aktiv roll i jämställdhetsarbetet, och Moderaterna driver på för att öka jämställdheten i Europa. Moderaterna anser att resolutionen innehåller bra förslag som uppmanar medlemsstaterna att avskaffa diskriminering på grund av kön i sammanhang som har med lika lön för likvärdigt arbete att göra, och att öka sina ansträngningar för att få bort lönegapet mellan kvinnor och män. Därför röstade vi för resolutionen.Däremot motsätter vi oss förslag om lagstiftning som går in i den svenska arbetsmarknadspolitiken, som införandet av bindande och lagstiftande åtgärder för lönetransparens. Vi motsätter oss även kvotering i bolagsstyrelser.
2020/01/30
Objection pursuant to Rule 111: Union list of projects of common interest (B9-0091/2020)

Vi röstade nej till invändningen mot kommissionens delegerade akt om unionens förteckning över projekt av gemensamt intresse, som fastslår 151 energiprojekt berättigade till EU-finansiering (varav 68 % el, 21 % gas, 11 % övriga). Projekten är av gemensamt intresse givet att de bidrar till färdigställandet av energiunionen, exempelvis genom ökad sammanlänkning, ökat oberoende gentemot tredje land samt effektivare resursutnyttjande. Moderaterna ser positivt på att antalet gasprojekt har minskat betydligt jämfört med föregående förteckning men understryker samtidigt att riktlinjerna för hur förteckningen fastställs snarast bör uppdateras i linje med EU:s klimat- och miljöpolitiska ramverk.
2020/02/12
An EU strategy to put an end to female genital mutilation around the world (B9-0090/2020, B9-0092/2020)

Vi stödde denna resolution som sätter riktlinjer för en europeisk strategi för att avskaffa all kvinnlig könsstympning. I ett ändringsförslag röstade vi för att de som gjort sig skyldiga till kvinnlig könsstympning ska utvisas. Vi står bakom detta under förutsättning att det inte rör medborgare i den egna staten och att utvisningen sker som följd av lagakraftvunnen dom om det grova brott som kvinnlig könsstympning utgör.
2020/02/12
Proposed mandate for negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland (B9-0098/2020)

När Storbritannien nu har lämnat Europeiska unionen vill vi se en så nära framtida relation som möjligt. Storbritannien har varit en viktig bundsförvant i EU-samarbetet, är Sveriges sjunde största exportpartner och 100 000 svenskar bor i landet.I förhandlingarna om de framtida handelsrelationerna vill vi att kommissionen utgår från prioriteringar som bygger på nyligen slutna, ambitiösa frihandelsavtal och inkluderar regler om tjänster och dataflöden, så att svenska företag fortsatt kan exportera till Storbritannien. Krav på en jämn spelplan ska vara proportionerliga mot djupet i de ekonomiska delarna av avtalet och inte mer långtgående än de är för andra handelspartners. Givet våra gemensamma säkerhetsutmaningar anser vi det viktigt att värna ett utrikes-, säkerhets- och försvarspolitiskt samarbete med Storbritannien och samrådsmekanismer inom exempelvis sanktionspolitiken. Av liknande skäl bör vi sträva efter samarbetsarrangemang inom brottsbekämpning och informationsutbyte.
2020/02/12
Recommendations on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland (A9-0117/2020 - Kati Piri, Christophe Hansen)

Moderaterna vill se ett omfattande avtal mellan EU och Storbritannien, baserat på konstruktivitet och flexibilitet från båda parter. Vi vill undvika att ett avtal inte ingåtts vid övergångsperiodens slut, då Storbritannien är en viktig partner för både Sverige och EU gällande handel och säkerhet. Vi vill därför att EU i detta läge undviker att sätta upp nya röda linjer eller icke konstruktiva villkor utan vilka EU inte vill gå med på ett avtal. Vi stöttar inte heller nyttjandet av handelssanktioner för bestämmelser om hållbar utveckling. Handelsavtalet bör bygga på tidigare, ambitiösa frihandelsavtal, och bestämmelser om konkurrens på lika villkor bör vara proportionerliga mot den ekonomiska integration som avtalet skapar. Vi uppmanar parterna att förhandla även om samarbete inom utrikesfrågor, säkerhet och försvar.
2020/06/18
Competition policy - annual report 2019 (A9-0022/2020 - Stéphanie Yon-Courtin)

Moderaterna har röstat för initiativbetänkandet om årsrapporten om EU:s konkurrenspolitik. Vi stöder en konkurrenspolitik som är välbalanserad och rättvis och som inte missgynnar vissa medlemsländer. För oss är det emellertid viktigt att nya EU-skatter inte införs, som förslag om bolagsskattebaser. Enhälligheten i rådet vad gäller skattefrågor måste därför värnas. Vi är också emot överimplementering av redan antagen lagstiftning.
2020/06/18
Guidelines for the 2021 Budget - Section III (A9-0110/2020 - Pierre Larrouturou)

Moderaterna valde att rösta mot betänkandet i sin helhet, då riktlinjerna angav att flerårsbudgeten för 2021 ska innebära en höjning av nuvarande utgifter om 30 procent och finansieras av flera nya egna medel. Däremot välkomnar vi flera av prioriteringarna i betänkandet för årsbudgeten för 2021, såsom vikten av forskning för att stärka konkurrenskraften och att EU:s budget ska bidra till våra gemensamma miljömål.
2020/06/19
Tourism and transport in 2020 and beyond (RC-B9-0166/2020, B9-0166/2020, B9-0175/2020, B9-0177/2020, B9-0178/2020, B9-0180/2020, B9-0182/2020, B9-0184/2020)

Moderaterna stödde resolutionen om återstart av transport- och turismnäringarna efter coronakrisen, eftersom den på ett bra sätt beskrev hur EU-koordinering behöver ske för att man snabbt och tryggt ska kunna öppna inre gränser och återuppta gränsöverskridande transporter och resor. Resolutionen innehöll efter Moderaternas påtryckningar tydliga krav om att framtida åtgärder ska fokusera på småföretagens villkor, minska regelbördan och stärka konkurrenskraften. Åtgärder av det slaget skulle inverka mycket positivt på företag inom transport- och turismnäringarna. Vi stöder däremot inte uppmaningarna att anslå mer omfattande budgetmedel på EU-nivå för att stötta sektorn, utan menar att dess långsiktiga utveckling måste bygga på genuint konkurrenskraftsbyggande åtgärder. Som helhet övervägde de positiva delarna i resolutionen avsevärt de negativa, vilket föranledde vårt stöd.
2020/06/19
The Anti-racism protests following the death of George Floyd (B9-0194/2020, B9-0195/2020, B9-0196/2020, B9-0197/2020)

Vi röstade för den gemensamma resolutionen för att markera mot och ta avstånd från främlingsfientlighet och rasism. Black Lives Matter-demonstrationerna har på kort tid blivit en global rörelse för att manifestera alla människors lika värde, och kritiken mot polisvåldet i USA är berättigad. Att George Floyds död väcker avsky är självklart. Samtidigt är det viktigt att komma ihåg att Sverige inte har samma historia av rasism inom rättsväsendet som USA har. Det är också viktigt att tydligt ta avstånd från problem och våld som är kopplat till den senaste tidens demonstrationer. Därför röstade Moderaterna ja till ett antal ändringsförslag som syftade till att lyfta fram även dessa perspektiv i resolutionen.
2020/06/19
Amending Regulation (EU) No 1303/2013 as regards the resources for the specific allocation for the Youth Employment Initiative (A9-0111/2020 - Younous Omarjee)

Moderaterna är emot ungdomsgarantin och sysselsättningsinitiativet för unga som helhet, bland annat eftersom resultaten vad gäller att bekämpa ungdomsarbetslöshet varit mycket begränsade. Moderaterna valde dock att lägga ned sina röster i den här omröstningen då den gällde en förordningsändring till följd av ett redan fattat budgetbeslut.
2020/07/08
Guidelines for the employment policies of the Member States (A9-0124/2020 -José Gusmão)

Moderaterna anser att kommissionens förslag till riktlinjer för arbetsmarknadspolitiken i grunden är bra. Därför röstade vi mot de ändringar som Europaparlamentet föreslog, som skulle urholka det nationella självbestämmandet, innebära mer statliga interventioner på arbetsmarknaden och påverka ersättningsnivåerna i socialförsäkringssystemen.
2020/07/10
The EU’s public health strategy post-COVID-19 (RC-B9-0216/2020)

Spridningen av det nya coronaviruset och covid-19 har visat på behovet av ett starkare och mer effektivt europeiskt samarbete när det gäller gränsöverskridande hot mot folkhälsan. Därför röstade Moderaterna för resolutionen, som lyfte behovet av ett sådant samarbete och även framhäver en rad områden där vi behöver göra mer inom EU, såsom insatser mot antibiotikaresistens och bristen på läkemedel. Samtidigt vill vi vara tydliga med att sjukvård först och främst ska förbli en nationell behörighet. Därför bör gemensamt agerande på europeisk nivå främst handla om att stärka samordningen inom EU och komplettera medlemsländernas eget agerande där detta är nödvändigt och har ett mervärde. Vi välkomnar därför resolutionens övergripande ambition, men har bland annat valt att rösta emot uppmaningar till lagstiftning om gemensamma standarder för sjukvård inom EU samt ett förslag om en separat fond för att stärka medlemsländers sjukvård, då detta är något som bör göras på nationell nivå.
2020/07/10
Effective measures to “green” Erasmus+, Creative Europe and the European Solidarity Corps (A9-0141/2020 - Laurence Farreng)

Moderaterna stöder en översyn av EU:s program för att minska miljö- och klimatpåverkan i linje med EU:s åtaganden i den gröna given, och vi vill särskilt betona rörlighetens och skaparfrihetens centrala betydelse för dessa program. Vi vänder oss däremot emot den kritiska hållning mot flyg som transportmedel som framförs och anser att den administrativa bördan måste vara proportionerlig sett till dess nytta.
2020/09/14
Global data collection system for ship fuel oil consumption data (A9-0144/2020 - Jutta Paulus)

Vi välkomnar ökade klimatambitioner på EU-nivå och stöder förslaget om att inkludera sjöfarten i systemet för handel med utsläppsrätter. Dock anser vi att ett sådant förslag bör presenteras av kommissionen efter en grundlig konsekvensanalys, varför vi röstade för ändringsförlag som stöder den linjen.
2020/09/16
Just Transition Fund (A9-0135/2020 - Manolis Kefalogiannis)

Moderaterna stöder en fond för en rättvis omställning som ska möjliggöra att alla medlemsstater når koldioxidneutralitet senast 2050. Däremot motsätter vi oss den stora budgetökning som föreslås i betänkandet, att naturgas föreslås få användas som omställningsenergikälla, och beklagar att investeringar i kärnkraft uttryckligen förbjuds som användningsområde för fonden.
2020/09/16
Shortage of medicines - how to address an emerging problem

Bristen på läkemedel är ett växande problem som under de senaste åren blivit allt tydligare i Sverige och resten av EU. Vi välkomnar därför ett ökat fokus på frågan och har därför röstat för ett betänkande som lyfter fram de viktigaste aspekterna av problemet och som inkluderar flera av Moderaternas prioriteringar. Däremot är Moderaterna skeptiska till idén om att lösningen till problemet är att minska importer från tredje länder och flytta produktion till inom EU. Vi välkomnar särskilt de delar som fastslår vikten av effektivare europeisk samordning, en stärkt inre marknad, och en innovativ industri.
2020/09/17
Cultural recovery of Europe

Moderaterna vill se åtgärder för Europas ekonomiska återhämtning efter covid-19 och ser att den kulturella och kreativa sektorn har drabbats av krisen. Vi vänder oss däremot emot den budgetexpansiva linje som framförs i resolutionen och skrivningar om europeiska digitala plattformar. Därför röstade vi emot resolutionen.
2020/09/17
Covid-19: EU coordination of health assessments and risk classification and the consequences on Schengen and the single market (RC-B9-0257/2020)

Spridningen av det nya coronaviruset och covid-19 har visat på behovet av ett starkare och mer effektivt europeiskt samarbete när det gäller gränsöverskridande hot mot folkhälsan. Därför röstade Moderaterna för en resolution som lyfter fram behovet av ett sådant samarbete och mer samordning mellan medlemsländerna när det gäller åtgärder kopplade till covid-19. Samtidigt vill vi vara tydliga med att sjukvård först och främst är en nationell kompetens. Därför bör gemensamt agerande på europeisk nivå främst handla om att stärka samordningen inom EU och komplettera medlemsländernas eget agerande där detta är nödvändigt, inte om att på något sätt ersätta detta.Resolutionen innehåller även en skrivning om att inre gränskontroller ska upphävas så fort som möjligt. Moderaterna ser positivt på att ta bort de hinder för rörlighet som har uppstått inom Schengen till följd av covid-19 så fort det är möjligt ur ett smittskyddsperspektiv. Däremot anser vi att varje medlemsland ska ha rätt att införa tillfälliga inre gränskontroller vid behov, så som Sverige har gjort, i praktiken för att hantera migrationen.
2020/09/17
Digital Services Act: Improving the functioning of the Single Market (A9-0181/2020 - Alex Agius Saliba)

Moderaterna välkomnar EU-kommissionens intention att presentera ny lagstiftning för digitala tjänster. Detta behövs för att stoppa den ökade fragmentiseringen av den digitala inre marknaden, skapa förutsättningar för mer effektivt borttagande av olagligt innehåll på internetplattformar och säkerställa att vi har en fri och rättvis konkurrens. Det är viktigt att den nya lagstiftningen bevarar nuvarande regler om begränsat ansvar för plattformar som passivt förmedlar innehåll, förbud mot generell övervakningsplikt samt ursprungslandsprincipen för att skydda yttrandefriheten på internet samtidigt som man stärker innovation och handel över landsgränser. Därför röstade Moderaterna för betänkandet om rättsakten för digitala tjänster.Vi välkomnar att kommissionen utvärderar behovet av ex-antelagstiftning för vissa internetplattformar för att komma åt vissa typer av specifika konkurrenshämmande beteenden. Men det är mycket viktigt att sådan lagstiftning är begränsad i sin omfattning, proportionerlig och tydligt utformad för att inte hämma innovation eller slå mot mindre företag.
2020/10/20
Framework of ethical aspects of artificial intelligence, robotics and related technologies (A9-0186/2020 - Ibán García Del Blanco)

Moderaterna ser positivt på utvecklingen av ny teknik såsom artificiell intelligens och robotteknik. För att kunna tillvarata den nya teknikens fulla potential och för att främja en fortsatt utveckling ser vi ett behov av ett gemensamt och enhetligt regelverk inom EU, vilket skulle möjliggöra en välfungerande digital inre marknad. Vi ser även att ett gemensamt regelverk är nödvändigt för att kunna skydda medborgarna från teknikens eventuella risker och vi valde därför att rösta för betänkandet. Vi stöder däremot inte uppmaningar att utreda och införa arbetstidsförkortning i medlemsländerna, men anser att betänkandets positiva delar som helhet övervägde de negativa.
2020/10/20
Gender Equality in EU’s foreign and security policy (A9-0145/2020 - Ernest Urtasun)

Moderaterna välkomnar arbetet för jämställdhet i den europeiska utrikes- och säkerhetspolitiken, i synnerhet i frågor som rör tillgång till sexuella rättigheter och reproduktiv hälsa (SRHR), bekämpandet av sexuellt våld, människohandel och könsstympning samt främjande av kvinnors och flickors deltagande i konfliktförebyggande åtgärder, fredsförhandlingar och inom utrikestjänsten. Vi motsätter oss förslag som kvotering baserat på kön, etniska mångfaldsmål inom institutioner, intersektionella perspektiv och uppmaningar till att bedriva ”feministisk utrikespolitik”. Med anledning av att dessa skrivningar gick igenom valde vi att avstå i slutvoteringen.
2020/10/23
Common agricultural policy - support for strategic plans to be drawn up by Member States and financed by the EAGF and by the EAFRD (A8-0200/2019 - Peter Jahr)

Moderaterna röstade för ett förslag om att reformera EU:s gemensamma jordbrukspolitik, ett förslag som i slutändan kom att präglas av ett antal kompromisser mellan de stora politiska grupperna, däribland Moderaternas grupp EPP. Den europeiska jordbrukspolitiken blir nu mer modern och framför allt mer inriktad på att värna klimatet, vilket är bra. Samtidigt är det breda kompromisser som vi behövde ta ställning till och där vi inte håller med om alla delar. Exempelvis tycker vi att detta område ska utgöra en mindre andel av EU:s budget än i dag, varför vi har röstat emot den budget som föreslogs. Det är dock viktigt att notera att detta förslag innebär att arbetet mot en modern och klimatambitiös jordbrukspolitik kan fortskrida. Det behövs för att ge trygghet för både lantbrukare och konsumenter. Framåt måste vi fortsätta se till att vi får ett såväl hållbart som konkurrenskraftigt jordbruk.
2020/10/23
Achieving an effective policy legacy for the European Year of Cultural Heritage (A9-0210/2020 - Dace Melbārde)

Moderaterna välkomnar initiativet om bevarande av Europas kulturarv samt uppmaningen att uppnå långvariga politiska effekter för Europaåret för kulturarv. Vi motsätter oss krav om en fördubbling av budgeten till Kreativa Europa och har tidigare röstat emot detta, men då budgetkravet refererar till den redan antagna långtidsbudgeten och således inte påverkar budgeten har Moderaterna röstat för betänkandet i slutvoteringen.
2021/01/20
Measures to promote the recovery of fish stock above MSY (A9-0264/2020 - Caroline Roose)

Moderaterna välkomnar ett långsiktigt arbete med den gemensamma fiskeripolitiken. Våra hav med deras fiskbestånd är viktiga att skydda och bevara. Det behövs åtgärder för att uppnå hållbarhet för bestånden. Dock anser vi inte att detta uppnås bäst genom de åtgärder som föreslås i betänkandet. Bland annat vänder vi oss mot att utse marina skyddsområden inom ramen för fågeldirektivet och art- och habitatdirektivet samt ramdirektivet för en marin strategi. Med anledning av detta valde vi att avstå i slutvoteringen.
2021/01/21
The EU Strategy for Gender Equality (A9-0234/2020 - Maria Noichl)

Moderaterna välkomnar arbetet med EU:s jämställdhetsstrategi och arbetar för en jämställdhetspolitik som ska ge lika förutsättningar oavsett kön. Jämställdheten mellan kvinnor och män har inte kommit tillräckligt långt i Europa. Vi stödjer särskilt arbetet med att bekämpa våld mot kvinnor, diskriminering, tvångsäktenskap, könsstympning och hedersvåld. Vi vill att fler kvinnor deltar på arbetsmarknaden och att kvinnors rättigheter i EU och i världen stärks. Vi motsätter oss däremot kvotering i bolagsstyrelser och valsystem, förslag om bindande lönetransparens, långtgående förslag som rör arbetsmarknadspolitik och socialpolitik, samt att anta en vårdgiv för Europa. Med anledning av detta valde vi att avstå i slutvoteringen.
2021/01/21
Cohesion Policy and regional environment strategies in the fight against climate change (A9-0034/2021 - Tonino Picula)

Om EU ska kunna nå netto-noll-utsläpp till 2050 är det viktigt att regionpolitiken bidrar i miljö- och klimatarbetet då alla delar av EU måste göra sitt. Därför valde också Moderaterna att rösta för initiativbetänkandet, men vi understryker att över tid måste regionstödens andel av budgeten minska.
2021/03/25
Guidelines for the 2022 Budget - Section III (A9-0046/2021 - Karlo Ressler)

EU behöver satsa på gemensamma utmaningar, såsom säkerhet, konkurrenskraft och klimat. Därför välkomnar också Moderaterna parlamentets satsningar inom ramen för budgetriktlinjerna 2022 på forskning och innovation, digitalisering, hälsa, fokus på att reducera den administrativa bördan och migration. Däremot måste sådana satsningar också åtföljas av omprioriteringar i budgeten. Vi vänder oss också mot de föreslagna nya skatterna. Därför valde Moderaterna att avstå i omröstningen.
2021/03/25
New EU-Africa Strategy (A9-0017/2021 - Chrysoula Zacharopoulou)

Moderaterna välkomnar framtagandet av ett nytt partnerskap med de afrikanska länderna. Relationerna mellan EU och Afrika är av stor betydelse, och ett fördjupat samarbete inom en rad områden som berörs av betänkandet är bra och viktigt. Det gäller inte minst att etablera en hållbar och inkluderande tillväxtmodell som förbättrar företags- och investeringsklimatet i Afrika. Moderaterna vill vara tydliga med att vi motsätter oss nya egna medel för EU och inrättandet av en finansiell transaktionsskatt. Vi anser inte heller att idén om en universell inkomst är lösningen på Afrikas fattigdomsproblem. Moderaterna menar vidare att det är viktigare att säkra livsmedelsförsörjning genom livsmedelssäkerhet snarare än genom livsmedelssjälvständighet.
2021/03/25
Serious cross-border threats to health (A9-0247/2021 - Véronique Trillet-Lenoir)

Moderaterna välkomnar samarbete inom EU vad gäller gränsöverskridande hälsoutmaningar, för att bättre kunna samverka under exempelvis pandemier. Därför röstade vi för betänkandet. Förslaget innehöll dock en så kallad exportkontrollmekanism, som kommissionen vid exceptionella hälsorelaterade situationer har möjlighet att aktivera. Moderaterna motsätter sig exportrestriktioners funktion och ifrågasätter mervärdet under hälsokriser.
2021/09/15
Common agricultural policy - support for strategic plans to be drawn up by Member States and financed by the EAGF and by the EAFRD (A8-0200/2019 - Peter Jahr)

För Moderaterna är det viktigt att svenska och europeiska lantbrukare kan arbeta under stabila och långsiktiga förhållanden. Därför röstade vi för att överenskommelsen nu ska träda i kraft, efter mycket utdragna förhandlingar. Genom den nya jordbrukspolitiken tas också steg mot ett större miljö- och klimatfokus, som kommer bidra till en hållbar omställning av lantbrukssektorn. Vi vidhåller samtidigt vår uppfattning att den gemensamma jordbruksbudgeten bör minska och hade velat se större tonvikt på forskning, innovation och stärkt konkurrenskraft.
2021/11/23
EU sports policy: assessment and possible ways forward (A9-0318/2021 - Tomasz Frankowski)

Moderaterna ser positivt på att stärka sport och idrott. Vi vill stärka antikorruptionsarbetet, öka inkluderingen och främja utbyte i Europa. Däremot vänder vi oss emot att EU-kommissionen ska fokusera mer på en europeisk idrottspolitik, fler EU-standarder och integrering av sport i annan EU-politik. Vi vidhåller budgetrestriktivitet samt anser att det är upp till varje land att besluta om sina klubbars finansiering och ägande. Då flera av dessa frågor inte hör hemma på EU-nivå röstade vi emot resolutionen.
2021/11/23
A Pharmaceutical Strategy for Europe (A9-0317/2021 - Dolors Montserrat)

Europaparlamentets inspel till EU:s läkemedelsstrategi är viktig för att ta ett helhetsgrepp om läkemedelsindustrin för att stärka EU:s konkurrenskraft, investera i forskning och innovation, högkvalitativ sjukvård och hög patientsäkerhet. Konkreta åtgärder för hållbarare och restriktivare användning av antibiotika och forskning på nya antibiotikaprodukter är viktigt för folkhälsan. De läkemedel som säljs på den europeiska marknaden ska vara av hög och hållbar kvalitet. Det är också viktigt att vi arbetar för regelförenklingar för våra läkemedelsföretag och uppmuntrar till nyetablering. Däremot är det viktigt att patenträttigheter försvaras, och vi hade velat se ett ännu större fokus på att patenträttigheter ska vara en sak för läkemedelsföretagen så att de är villiga att investera och ta risker i framtagande av nya läkemedel och medicinisk teknik. Men att rösta ner hela överenskommelsen hade varit ett steg tillbaka i detta viktiga arbete, utan istället kommer vi i det fortsatta arbetet att se till att patenträttigheter är en fråga för läkemedelsföretagen.
2021/11/24
Legal migration policy and law (A9-0314/2021 - Abir Al-Sahlani)

EU behöver kunna konkurrera om kvalificerad arbetskraft, för att säkra kompetensförsörjning och konkurrenskraft. Regelverken är dåligt harmoniserade i dag, vilket hämmar detta för EU som helhet. Vi stöder därför förslagen om att skapa mer enhetlighet, minskad administrativ börda och åtgärder mot fusk. Det viktigaste har varit att varje medlemsstat själv får avgöra storleken på arbetskraftsinvandringen samt att arbetsmarknadernas behov är utgångspunkten. Vi menar att för Sveriges del är det därför främst aktuellt med högkvalificerad arbetskraft.
2021/11/25
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2021/003 IT/Porto Canale - Italy (A9-0345/2021 - Janusz Lewandowski)

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.
2021/12/14
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2021/002 IT/Air Italy - Italy (A9-0346/2021 - Janusz Lewandowski)

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.
2021/12/14
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2021/004 ES/Aragón automotive - Spain (A9-0344/2021- Esteban González Pons)

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.
2021/12/14
International procurement instrument (A9-0337/2021 - Daniel Caspary)

Moderaterna röstade för att inleda trepartsförhandlingar om det internationella upphandlingsinstrument som syftar till ytterligare öppnande av marknaderna för offentlig upphandling. Sedan instrumentet först introducerades 2012 har det geopolitiska läget förändrats, och EU:s öppna marknad utmanas alltmer av ekonomiska aktörer från tredje land som tillämpar diskriminerande åtgärder mot företag, varor eller tjänster från EU. Målet med instrumentet ska vara att uppnå ömsesidighet genom att få marknader i tredjeländer att öppnas och att förbättra möjligheterna till marknadstillträde för EU:s ekonomiska aktörer. Därför röstade Moderaterna för att inleda trepartsförhandlingar i syfte att uppdatera vår handelsverktygslåda efter dagens utmaningar och uppnå en jämnare spelplan på världshandeln, utan att det leder till mer byråkrati eller protektionism.
2021/12/14
Digital Markets Act (A9-0332/2021 - Andreas Schwab)

Moderaterna välkomnar lagen om digitala marknader som ett viktigt steg för att undvika fragmentisering av den digitala inre marknaden och ta upp problem som befintlig konkurrenslagstiftning inte kan hantera på ett effektivt sätt. Därför röstade Moderaterna för lagstiftningen.Moderaterna vill dock understryka vikten av regler som är teknikneutrala och tydligt avgränsade till de mest relevanta aktörerna och beteendena för att inte hämma innovation eller teknikutveckling. Moderaterna ställer sig kritiska till att företag med grindvaktsstatus ska följa andra regler än övriga företag när det gäller interoperabilitet eller användning av persondata för riktad annonsering.
2021/12/15
Equality between women and men in the European Union in 2018-2020 (A9-0315/2021 - Sandra Pereira)

Moderaterna välkomnar det viktiga arbetet för ett mer jämställt Europa, och vi stöder särskilt arbetet med att bekämpa våld mot kvinnor och vikten av tillgång till sexuella rättigheter och reproduktiv hälsa (SRHR). Vi motsätter oss däremot att EU ska ta fram arbetsmarknadspolitiska förslag som bindande åtgärder för lönetransparens och föräldraledighet, en EU-politik för omsorgsekonomi och långtgående jämställdhetsbudgetering i alla EU:s budgetprocesser. Med anledning av detta valde vi att avstå i slutomröstningen.
2021/12/15
Fundamental rights and Rule of Law in Slovenia, in particular the delayed nomination of EPPO prosecutors (B9-0588/2021)

Mellan debatten i november och resolutionens antagande i december har den slovenska regeringen vidtagit en rad åtgärder för att stärka rättsstatens principer, bland annat nominerat åklagare till Eppo. Mot denna bakgrund anser Moderaterna inte att det finns anledning för en resolution och röstade därför emot resolutionen.
2021/12/16
Mobilisation of the European Globalisation Adjustment Fund – application EGF/2021/005 FR/AIRBUS – France (A9-0013/2022 - Valérie Hayer)

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.
2022/02/15
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2021/007 FR/Selecta - FranceFrance (A9-0048/2022 - Eider Gardiazabal Rubial)

Globaliseringsfonden finns till för att stödja arbetstagare som blivit arbetslösa. Moderaterna anser dock att den här typen av stödåtgärder borde skötas nationellt, och motsätter sig därför fonden som sådan. Däremot kommer vi inte att ta strid för enskilda utbetalningar så länge som fonden existerar.
2022/03/24
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2022/001 FR/Air France - France (A9-0183/2022 - Fabienne Keller)

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.
2022/06/23
Implementation of the Recovery and Resilience Facility (A9-0171/2022 - Eider Gardiazabal Rubial, Siegfried Mureşan, Dragoş Pîslaru)

Europaparlamentets initiativbetänkande om genomförandet av faciliteten för återhämtning och resiliens syftar till att ge sitt inspel till kommissionens genomföranderapport om faciliteten utifrån fem utvärderade områden. Moderaterna är fortsatt kritiska till återbetalningsplanen och den höga andel bidrag som faciliteten består av, men valde i slutändan att rösta för betänkandet då det är utvärderande och inte lagstiftande.
2022/06/23
Future of EU international investment policy (A9-0166/2022 - Anna Cavazzini)

Investeringsskyddsavtal är en viktig komponent i Sveriges och EU:s utrikes- och handelspolitik. Elbristen i kombination med ett ökat elbehov till följd av elektrifieringen och klimatomställningen kräver ökade investeringar i både elnät och elproduktion. Energistadgefördraget (ECT) är ett kombinerat handels- och investeringsskyddsavtal för energisektorn. Fördraget speglar den fria marknadens betydelse och den vikt som måste läggas vid såväl inhemska som utländska företags vilja till investeringar. Förhandlingar pågår för att modernisera ECT till dagens klimatmål och förenlighet med Parisavtalet. Det är ännu för tidigt att spekulera i hur det slutliga förhandlingsresultatet kan se ut. Det är därför inte motiverat att kräva ett utträde ifall förhandlingarna skulle misslyckas. Det måste finnas ett alternativ till fördraget på plats innan man eventuellt kan ställa krav på ett utträde. Detta var det tyngst vägande skälet till att Moderaterna valde att avstå i voteringen.
2022/06/23
Common European action on care (A9-0189/2022 - Milan Brglez, Sirpa Pietikäinen)

Moderaterna välkomnar ett större utbyte av kunskaper och erfarenheter på EU-nivå vad gäller vård och omsorg, men anser samtidigt att lagstiftning på området ska vara medlemsstaternas kompetens. Genom att betänkandet efterfrågar både nya EU-direktiv om bland annat långtidsvård och ny EU-lagstiftning om närståendevård kunde Moderaterna inte stödja betänkandet.
2022/07/05
Mental health in the digital world of work (A9-0184/2022 - Maria Walsh)

Moderaterna välkomnar betänkandets fokus på åtgärder för en bättre psykisk hälsa och arbetar målmedvetet för att mota psykisk ohälsa, både i och utanför arbetslivet. Däremot anser Moderaterna att till exempel distansarbete och rätten att vara nedkopplad inte är frågor som EU bör hantera. Vi valde därför att avstå i slutomröstningen.
2022/07/05
EU action plan for the social economy (A9-0192/2022 - Jordi Cañas)

Moderaterna välkomnar den sociala dimensionen bland EU:s medlemsstaters ekonomier och exempelvis den funktion som sociala företag kan fylla på medlemsländernas arbetsmarknader. Området bör däremot i första hand vara en fråga för medlemsländerna. Betänkandet innehåller även problematiska delar där en social taxonomi såväl som sociala krav inom offentliga upphandlingar efterfrågas. Vi valde därför att avstå i slutomröstningen.
2022/07/06
Intersectional discrimination in the EU: socio-economic situation of women of African, Middle-Eastern, Latin-American and Asian descent (A9-0190/2022 - Alice Kuhnke)

Moderaterna arbetar emot all form av rasism och diskriminering. Ingen människa ska behandlas annorlunda på grund av sin etnicitet eller hudfärg. Detta betänkande innehåller dock förslag som går emot principen om likabehandling, som att föra rasstatistik, att rättssystemet ska ta hänsyn till etnicitet i sitt utövande och att offentliga institutioner ska kvotera utifrån etnicitet. Med anledning av detta röstade Moderaterna emot betänkandet.
2022/07/06
The impact of COVID-19 closures of educational, cultural, youth and sports activities on children and young people in the EU (A9-0216/2022 - Hannes Heide)

Moderaterna delar oron över negativa konsekvenser som uppstått för barn och unga till följd av nedstängningarna av skolor och kulturinstitutioner under covid-19 pandemin, i synnerhet vad gäller den psykiska ohälsan, och anser att medlemsstaterna bör ta frågan på allvar. Därför röstade Moderaterna för betänkandet. Vi står däremot inte bakom delar av betänkandet som rör EU:s kulturpolitik och anser att läroplaner i skolan fortsatt ska vara nationell kompetens.
2022/09/13
Renewable Energy Directive (A9-0208/2022 - Markus Pieper)

Moderaterna välkomnar en uppdatering av direktivet för förnybar energi som syftar till att öka andelen förnybar energi i unionen och därmed sänka unionens samlade utsläpp och beroende av rysk energi. Viktigt för Moderaterna är att värna det svenska skogsbruket och att främja användningen av bioenergi. I texten görs tydliga förbättringar så att den primära träbiomassan till viss del kan räknas till det övergripande förnybartmålet. Moderaterna valde därför att stödja dessa ändringsförslag. Trots det är vi inte nöjda med slutresultatet och vänder oss särskilt mot den kvot som sätts och begränsningarna för vilka delar av trädet som får användas. Moderaterna valde därför att avstå i slutomröstningen.
2022/09/14
EU border regions: living labs of European integration (A9-0222/2022 - Younous Omarjee)

Moderaterna anser att budgeten för sammanhållningspolitiken är alldeles för stor och att dessa medel på sikt behöver minska. Initiativbetänkandet fokuserar dock på gränsöverskridande samarbeten bland EU:s gränsregioner för att minska administrativa bördor och flaskhalsar, och öka den fria rörligheten och underlätta för till exempel arbetspendling. Därför valde vi att rösta för.
2022/09/15
General budget of the European Union for the financial year 2023 - all sections (A9-0241/2022 - Nicolae Ştefănuță, Niclas Herbst)

Det säkerhetspolitiska läget är ytterst allvarligt till följd av Rysslands krig mot Ukraina, som har enorma konsekvenser. EU ska klara att stötta Ukraina samtidigt som EU:s budget ska användas för att lösa gränsöverskridande samhällsproblem som klimatförändringarna, organiserad brottslighet och att EU halkar efter i konkurrenskraft. Moderaterna välkomnar Europaparlamentets satsningar inom forskning och innovation, digitalisering, försvar och säkerhet samt gemensamma åtgärder för migration inom ramen för årsbudgeten 2023. Däremot måste sådana satsningar också åtföljas av neddragningar inom t.ex. regional- och jordbruksstöden. Vi kommer att fortsätta våra ansträngningar för en effektiv budget med kloka prioriteringar i en orolig omvärld; därför valde vi att avstå i omröstningen.
2022/10/19
Esports and video games (A9-0244/2022 - Laurence Farreng)

Moderaterna delar initiativbetänkandets syn på den digitala sektorns betydelse och vikten av att främja rättvisa och konkurrenskraftiga regler för e-sport och videospel. Det är en snabbt växande och viktig sektor för Sverige och Europa. Vi anser däremot att flera förslag i betänkandet går emot syftet att stärka branschen i sin efterfrågan om mer europeisk reglering och ett europeiskt organ. Vi vänder oss också emot mer EU-lagstiftning på arbetsmarknadsområdet. Därför röstade Moderaterna emot betänkandet.
2022/11/10
Consumer protection in online video games: a European Single Market approach (A9-0300/2022 - Adriana Maldonado López)

Moderaterna anser det viktigt att ge förutsättningar för spelindustrin att fortsätta att växa och utvecklas, utan nya byråkratiska krav. Det är också viktigt att konsumenterna får ett tydligt skydd i dataspelsmiljön, vilket främst bör uppnås genom att nuvarande regler bättre efterlevs. Då betänkandet inte fullt reflekterar detta valde Moderaterna att avstå i slutvoteringen.
2023/01/18
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.
2023/02/02
Mobilisation of the European Globalisation Adjustment Fund – application EGF/2022/002 BE/TNT - Belgium (A9-0043/2023 - Olivier Chastel)

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

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

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

Tillbörlig aktsamhet vad gäller mänskliga rättigheter och miljö är viktigt, som ett verktyg för att säkerställa dugliga arbetsförhållanden och låg miljöpåverkan. I dag görs detta redan frivilligt av flera stora företag. Det är bra. I detta förslag ställs det dock mycket långtgående och krångliga rapporteringskrav på företag, och kravet om att dokumentera hela värdekedjan kommer att få konsekvenser även för mindre företag i Europa, som saknar förutsättningar att leva upp till denna typ av långtgående regelverk. Förslaget innehåller också skrivningar om företagsstyrning som vi inte ställer oss bakom. Moderaterna försökte därför förändra texten för att uppnå en bättre avvägning mellan ansvar och ansvarsbörda och för att värna europeisk konkurrenskraft; dessa antogs inte i delvoteringarna. I slutomröstningen valde vi därför att rösta nej till förslaget.
2023/06/01
Draft amending budget No 2/2023: Entering the surplus of the financial year 2022 (A9-0225/2023 - Fabienne Keller)

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

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

Moderaterna anser att akten om kritiska råvaror har möjlighet att förbättra den europeiska konkurrenskraften och tillgodose Europa med de kritiska råvaror som behövs för den gröna omställningen. Moderaterna ställer sig särskilt positiva till förslagets fokus på förenklade tillståndsförfaranden och minskat administrativt arbete för etablering av strategiska projekt i unionen. Lagstiftningen är viktig för Sverige, eftersom stora andelar av Europas fyndigheter finns i Sverige. Moderaterna anser att förslaget på bordet var balanserat eftersom behovet av kritiska råvaror vägdes mot både miljömässiga och sociala krav för etablering av strategiska projekt. Vi ser det som mycket problematiskt att ändringsförslag som uttrycker att principen om fritt och informerat förhandssamtycke, en form av veto, ska vara praxis vid bedömningen för erkännande av strategiska projekt. Samtidigt menar vi att denna lagstiftning är avgörande för EU:s samlade konkurrenskraft och valde därför att rösta för betänkandet.
2023/09/14
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.
2023/11/21
Mobilisation of the European Globalisation Adjustment Fund – application EGF/2023/002 BE/Makro - Belgium (A9-0351/2023 - Petri Sarvamaa)

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

Written questions (8)

French export restrictions on protective gear
2020/04/03
Documents: PDF(38 KB) DOC(9 KB)
Iron ore pellets in the EU Emissions Trading System
2020/07/13
Documents: PDF(41 KB) DOC(9 KB)
Mass arrest of LGBTI activists in Poland
2020/09/01
Documents: PDF(58 KB) DOC(11 KB)
Hydroelectic power requirements in the draft delegated act related to the Taxonomy Regulation
2020/12/10
Documents: PDF(42 KB) DOC(9 KB)
Need for urgent action – Dr Djalali
2020/12/15
Documents: PDF(46 KB) DOC(10 KB)
State of play regarding the ratification of the Istanbul Convention by the EU
2022/03/17
Documents: PDF(44 KB) DOC(10 KB)
Forced deportations of Ukrainian citizens
2022/04/28
Documents: PDF(59 KB) DOC(11 KB)
EU electricity market
2022/06/27
Documents: PDF(41 KB) DOC(9 KB)

Amendments (2025)

Amendment 1 #

2023/2107(INI)

Motion for a resolution
Citation 2 a (new)
– having regard to the 19th Japan- EU High Level Dialogue on Environment held on 23 January 2023,
2023/10/06
Committee: AFET
Amendment 6 #

2023/2107(INI)

Motion for a resolution
Citation 14 a (new)
– having regard to the fifth meeting of the Japan-EU Space Policy Dialogue, held in Brussels 17 January 2023, and the signing of the Copernicus Cooperation Arrangement,
2023/10/06
Committee: AFET
Amendment 20 #

2023/2107(INI)

Motion for a resolution
Recital B
B. whereas Japan is the EU’s closest strategic partner in the Indo-Pacific region; whereas both sides share a very broad range of values and goals; whereas Japan is a like-minded global partner in defending multilateralism, democracy and the rules-based order in an increasingly complex global and regional security landscape;
2023/10/06
Committee: AFET
Amendment 28 #

2023/2107(INI)

Motion for a resolution
Recital C
C. whereas it is of paramount importance for the EU to cooperate with Japan given our many shared values and interests, and the Indo-Pacific’s growing economic, demographic, and political weight and its geopolitically and geo- economically strategic position;
2023/10/06
Committee: AFET
Amendment 31 #

2023/2107(INI)

Motion for a resolution
Recital D
D. whereas the EU and Japan seek peace and stability throughout the Indo- Pacific, in particular by promoting compliance by all countries with UNCLOS; whereas UNCLOS sets out the legal framework within which all activities in the oceans and seas must be carried out; whereas Japan is an important defender of the rules-based international order in the region;
2023/10/06
Committee: AFET
Amendment 35 #

2023/2107(INI)

Motion for a resolution
Recital E
E. whereas Japan adopted new national security and defence strategies in December 2022; whereas one of the pillars in Japan’s national defence strategy to achieve national security objectives entails maintaining a free and open international order and strengthening ties with like-minded countries and allies;
2023/10/06
Committee: AFET
Amendment 40 #

2023/2107(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas Japan is a partner of NATO in defending global norms and rules; whereas the NATO-Japan partnership has been further enhanced with the Individually Tailored Partnership Programme for 2023-2026;
2023/10/06
Committee: AFET
Amendment 44 #

2023/2107(INI)

Motion for a resolution
Recital F
F. whereas the EU and Japan have both voiced their support for Ukraine and their opposition to Russia’s brutal, unprovoked and illegal war of aggression; whereas the EU and Japan have imposed restrictive measures against Russia following the illegal war of aggression;
2023/10/06
Committee: AFET
Amendment 45 #

2023/2107(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas China's military build up, military activities and increasingly assertive foreign policy are causing tensions in the Indo-Pacific region;
2023/10/06
Committee: AFET
Amendment 46 #

2023/2107(INI)

Motion for a resolution
Recital F b (new)
Fb. whereas both the EU and Japan have faced foreign influence operations and disinformation campaigns from authoritarian actors;
2023/10/06
Committee: AFET
Amendment 50 #

2023/2107(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas the digital transformation and the global competition for technology have important economic and security dimensions; whereas the EU and Japan have shared interests in cooperation on international standard setting, artificial intelligence, network infrastructure, quantum computing and innovative technologies;
2023/10/06
Committee: AFET
Amendment 52 #

2023/2107(INI)

Motion for a resolution
Recital H b (new)
Hb. whereas the International Maritime Organization (IMO) sets global regulatory standards for the safety, security and environmental performance of international shipping;
2023/10/06
Committee: AFET
Amendment 53 #

2023/2107(INI)

Motion for a resolution
Recital H c (new)
Hc. whereas the EU has dedicated collaborative research financing, including from Horizon Europe, on semiconductor research and development;
2023/10/06
Committee: AFET
Amendment 54 #

2023/2107(INI)

Motion for a resolution
Recital H d (new)
Hd. whereas the EU and Japan are leading donors of global development assistance; whereas the European Investment Bank (EIB) and Japan International Cooperation Agency (JICA) have signed agreements, including on transport, infrastructure investments, microfinance and renewable energy sources;
2023/10/06
Committee: AFET
Amendment 74 #

2023/2107(INI)

Motion for a resolution
Paragraph 3
3. Applauds the work of the Japanese G7 presidency in 2023 and the overall excellent cooperation in the G7; points out that the EU, including its agencies and financial institutions, also needs to cooperate very closely with Japan in the G20, the UN and its specialised agencies, the UNFCCC, international standardisation organisations and financial institutions and other international formats in the pursuit of peace, human rights, prosperity, the rule of law and the implementation of the sustainable development goals;
2023/10/06
Committee: AFET
Amendment 81 #

2023/2107(INI)

Motion for a resolution
Paragraph 4
4. Observes with interest Japan’s efforts to promote a stable architecture in the Indo-Pacific, for instance through its participation in the Quad, its engagement with Pacific island states or the recent Camp David Agreement with Korea and the US; continues to notefully understands Japan’s concerns about North Korea and reiterates condemning North Korea’s unlawful testing of ballistic missiles; intends to continuously cooperate with Japan in order to oppose China’s aggressive policies towards its neighbours; shares Japan’s position that Taiwan is an important partner and a precious friend; shares, further, Japan’s high regard for the Association of Southeas Asian Nations (ASEAN); welcomes the fact that some new vice-ministerial formats also include the EU (in groupings such as Japan/Australia/Korea/EU and Japan/Korea/US/EU);
2023/10/06
Committee: AFET
Amendment 88 #

2023/2107(INI)

Motion for a resolution
Paragraph 5
5. IUnderlines that Russia's unprovoked war of aggression against Ukraine will have long-lasting effects on global security and economy; is grateful for the USD 7.6 billion of robust and unwavering support Japan is providing to Ukraine for its self-defence in Russia’s war of aggression; welcomes Japan’s decision to strengthen sanctions against Russia, including export controls on sensitive technologies, and supports further alignment with EU restrictive measures as well as other coordinated measures with like-minded partners; agrees with Japan that it is crucially important to promote the alignment of all international actors that support the UN principles of national sovereignty and territorial integrity against imperialist revisionism or hegemonic coercion; expresses the EU’s clear commitment to supporting efforts to uphold peace and stability in the Indo- Pacific, particularly in the South China Sea, the East China Sea and the Taiwan Strait, and to promoting a free and open Indo-Pacific;
2023/10/06
Committee: AFET
Amendment 93 #

2023/2107(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Notes with deep concern the increasing tension in the Indo-Pacific region and opposes any unilateral attempts to change status quo by force or coercion; expresses the EU’s clear commitment to supporting efforts to uphold peace and stability in the Indo- Pacific, particularly in the South China Sea, the East China Sea and the Taiwan Strait, and to promoting a free and open Indo-Pacific, in accordance with international law; reiterates that a stable and secure Indo-Pacific is vital both for regional and global security;
2023/10/06
Committee: AFET
Amendment 97 #

2023/2107(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Condemns China's military activities and economic coercion; underlines the EU's commitment to have close cooperation with Japan in defending the global rules-based order and reducing dependencies in supply chains;
2023/10/06
Committee: AFET
Amendment 99 #

2023/2107(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Notes that the Asia-Pacific region accounts for the largest portion of seaborne trade; highlights the need to protect and uphold open sea lines of communications and technology supply chains;
2023/10/06
Committee: AFET
Amendment 100 #

2023/2107(INI)

Motion for a resolution
Paragraph 6
6. Wants to collaborate with Japan in developing more balanced relations with countries from the Global South; emphasises the importance of implementing necessary climate change policy financing, sustainable and free trade and a fair international energy transition; emphasises the importance of the Global Gateway Initiative and the Partnership for Global Infrastructure and Investment; believes that coordinated actions in strategic investments is of high geopolitical importance, through the mobilisation of public and private funds; welcomes the first five EU-Japan connectivity projects and the Far North Fiber Project;
2023/10/06
Committee: AFET
Amendment 104 #

2023/2107(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Stresses that the EU and its Member States have shown commitment in increasing its maritime capabilities and to increase its permanent naval presence through the Coordinated Maritime Presences concept; recalls cooperation on joint naval exercices, such as through the CSDP operation EUNAVFOR Operation Atalanta;
2023/10/06
Committee: AFET
Amendment 110 #

2023/2107(INI)

Motion for a resolution
Paragraph 7
7. Takes note of the shift in Japan’s national security strategy; continues to support Japan’s engagement for a world without nuclear weapons; calls for a comprehensive security partnership between the EU and Japan as the basis for enhanced consultations, common exercises, shared defence research and development and work on joint contingency planning for dangerous crises; welcomes Member States’ 2+2 dialogue formats with Japan; welcomes NATO’s Individual Tailored Partnership Programme with Japan, but regrets the fact that the opening of a NATO liaison office in Japan has been delayed; proposes the creation of an EU/NATO/AP4 (Japan/Korea/Australia/New Zealand) security dialogue format; encourages the European External Action Service to post a military attaché in Tokyo; supports Japan's participation in EU CSDP operations and would welcome the negotiation of an EU-Japan Framework Participation Agreement; is critical of the fact that the Enhancing Security Cooperation In and With Asia (ESIWA) project is not very substantive; calls for enhanced maritime awareness cooperation on the basis of the Critical Maritime Routes Indian Ocean (CRIMARIO) initiative; insists on including non- conventional security issues such disinformation, cyber, space and climate change;
2023/10/06
Committee: AFET
Amendment 117 #

2023/2107(INI)

Motion for a resolution
Paragraph 8
8. Shares the Japanese emphasis on economic security and resilience and welcomes its support for the de-risking paradigm; takes note, in this context, of the G7 Coordination Platform on Economic coercion; points out the huge relevance of the EU-Japan Digital Partnership; values the G7 Framework for Collaboration on Digital Technology Standardisation, cooperation with Japan Organization for Metals and Energy Security (JOGMEC) on critical raw materials, the Industrial Policy Dialogue and the Hiroshima AI Process for responsible artificial intelligence (AI); regrets Japan’s reluctance to participate in Horizon Europe and supports the Council and the Commission in promoting this aim; emphasizes that it is of mutual interest to strengthen cooperation and increase financing of science, research and innovation;
2023/10/06
Committee: AFET
Amendment 118 #

2023/2107(INI)

8a. Seeks to further boost strategic cooperation on secure digital connectivity, new technologies and common approaches to digital development on a bilateral and multilateral level; stresses the importance of international standard setting based on open and values-driven norms use of technology; seeks a more common approach to technology transfers; wants to explore closer cooperation on cyber security through joint training and information sharing;
2023/10/06
Committee: AFET
Amendment 120 #

2023/2107(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Calls for closer cooperation and exchange of best practices on monitoring and countering foreign information manipulation and interference as well as strategic foresight capabilities;
2023/10/06
Committee: AFET
Amendment 121 #

2023/2107(INI)

Motion for a resolution
Paragraph 8 c (new)
8c. Stresses the strategic importance of the submarine cables of telecommunications in the North Atlantic;
2023/10/06
Committee: AFET
Amendment 126 #

2023/2107(INI)

Motion for a resolution
Paragraph 9
9. Regrets the fact that the EU-Japan Green Alliance of 2021 still remains a largely unfulfilled promisNotes that Japan has expressed its continued commitment to enhance mutual environmental ambition at national and multilateral levels in line with the EU- Japan Green Alliance; notes that Japan has committed to releasing water from the Fukushima power plant only on the basis of scientific standards, transparency and independent supervision; hopes for a more proactive Japanese role on loss and damage, as well as climate finance, at the 28th meeting of the Conference of the Parties to the UNFCCC (COP 28);
2023/10/06
Committee: AFET
Amendment 127 #

2023/2107(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Believes that the Copernicus Cooperation Arrangement, providing free and open access to data from Earth observation satellites and exchanging good practices, is a good example of civilian space cooperation which will benefit the long-term management of natural resources and climate adaptation; notes that cooperation on satellite information and space could be further explored to increase maritime surveillance and information sharing;
2023/10/06
Committee: AFET
Amendment 130 #

2023/2107(INI)

Motion for a resolution
Paragraph 10
10. Emphasises the importance of people-to-people contacts for sharing and comparing experienbest practices on issues such as gender equality and economic opportunities for women, an ageing society, new cultural developments or labour practises; values parliamentary exchanges and the human rights dialogue, where we can discuss the death penalty in Japan; proposes the creation of an EU-Japan young leaders forum on global partnership; reiterates its concerns about parental child abduction; welcomes the Japanese government’s Guidelines on Respecting Human Rights in Responsible Supply Chains of 2022 and welcomes its efforts to adopt legislation equivalent to the EU’s corporate sustainability due diligence directive in 2024;
2023/10/06
Committee: AFET
Amendment 206 #

2023/0323(COD)

Proposal for a regulation
Article 4
Article 4 Payments to subcontractors in public procurement 1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that, where applicable, they have paid their direct subcontractors involved in the execution of the contract within the deadlines and under the conditions set out in this Regulation. The evidence may take the form of a written declaration by the contractor and shall be provided by the contractor to the contracting authority or contracting entity prior to, or at the latest together with, any request for payment. 2. Where the contracting authority or contracting entity has not received the evidence as provided for in paragraph 1 or has information of a late payment by the main contractor to its direct subcontractors, the contracting authority or contracting entity shall notify the enforcement authority of its Member State thereof without delay. __________________ 56 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC.deleted
2023/12/18
Committee: IMCO
Amendment 302 #

2023/0323(COD)

Proposal for a regulation
Article 13
Article 13 Enforcement authorities 1. Each Member State shall designate one or more authorities responsible for the enforcement of this Regulation (‘enforcement authority’). 2. Where appropriate, enforcement authorities shall take measures necessary to ensure that the deadlines for payments are complied with. 3. Enforcement authorities shall cooperate effectively with each other and with the Commission and shall provide each other with mutual assistance in investigations that have a cross-border dimension. 4. Enforcement authorities shall coordinate their activities with other authorities responsible for enforcing other Union or national legislation including through exchange of information obligations. 5. Enforcement authorities shall forward the complaints received regarding late payments in the agricultural and food sector to the competent enforcement authorities under Directive (EU) 2019/633.deleted
2023/12/15
Committee: IMCO
Amendment 340 #

2023/0323(COD)

Proposal for a regulation
Article 14
Article 14 Powers of enforcement authorities 1. Enforcement authorities shall have the necessary resources and expertise to perform their duties, and shall have the following powers: (a) the power to initiate and conduct investigations on their own initiative or based on a complaint; (b) the power to require creditors and debtors to provide all necessary information to conduct investigations related to late payments in commercial transactions; (c) the power to carry out unannounced on-site inspections within the framework of their investigations; (d) the power to take decisions finding an infringement of this Regulation and requiring the debtor to pay interest for late payment as provided for in Article 5 or requiring the debtor to compensate the creditor as provided for in Article 8; (e) the power to impose, or initiate proceedings for the imposition of fines and other penalties and interim measures on the subjects responsible for the infringement; (f) the power to require the debtor to bring the infringement to an end; (g) the power to publish its decisions referred to in paragraphs (d), (e) and (f). 2. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 3. Member States shall, [by …/without delay], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.deleted
2023/12/15
Committee: IMCO
Amendment 358 #

2023/0323(COD)

Proposal for a regulation
Article 15
Article 15 Complaints and confidentiality 1. Creditors may address complaints either to the enforcement authority of the Member State in which they are established or to the enforcement authority of the Member States in which the debtor is established. The enforcement authority to which the complaint is addressed shall be competent to enforce this Regulation. 2. Organisations officially recognised as representing creditors or organisations with a legitimate interest in representing undertakings shall have the right to submit a complaint to the enforcement authorities referred to in Article 13 at the request of one or more of their members or, where appropriate, at the request of one or more members of their member organisations, where those members consider that they have been affected by an infringement of this Regulation. 3. Where the complainant so requests, the enforcement authority shall take the necessary measures for the appropriate protection of the identity of the complainant. The complainant shall identify any information for which it requests confidentiality. 4. The enforcement authority that receives the complaint shall inform the complainant within a reasonable period of time after the receipt of the complaint of how it intends to follow up on the complaint. 5. Where an enforcement authority considers that there are insufficient grounds for acting on a complaint, it shall inform the complainant of the reasons of its decision within a reasonable period of time after the receipt of the complaint. 6. Where an enforcement authority considers that there are sufficient grounds for acting on a complaint, it shall initiate, conduct and conclude an investigation of the complaint within a reasonable period of time. 7. Where an enforcement authority finds that a debtor has infringed this Regulation, it shall require the debtor to bring the illegal practice to an end.deleted
2023/12/15
Committee: IMCO
Amendment 154 #

2023/0290(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. The Commission shall be empowered tofore the application of this Regulation pursuant to Article 56 adopt implementing acts determining whether or not specific products or categories of products fulfil the criteria set out in paragraph 1 of this Article and therefore can or cannot be considered toys within the meaning of this Regulation. Those implementing acts shall be adopted in accordance with the procedure set out in Article 50(2).
2023/12/05
Committee: IMCO
Amendment 168 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 14
(14) ‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a device;data carrier as defined in Article 2 paragraph 1, point 30 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
2023/12/05
Committee: IMCO
Amendment 169 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 15
(15) ‘unique product identifier’ means unique string of characters for the identification of toys that also enables a web link to the product passport;product identifier as defined in Article 2 paragraph 1, point 31 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
2023/12/05
Committee: IMCO
Amendment 170 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16
(16) ‘unique operator identifier’ means a unique string of characters for the identification of actors involved in the value chain of toys;operator identifier as defined in Article 2 paragraph 1, point 32 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
2023/12/05
Committee: IMCO
Amendment 188 #

2023/0290(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
2023/12/05
Committee: IMCO
Amendment 211 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy. Manufacturers shall indicate a single point at which they can be contacted.
2023/12/05
Committee: IMCO
Amendment 287 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point d
(d) be up to date;, while not presenting outdated information older than three months.
2023/12/05
Committee: IMCO
Amendment 302 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – introductory part
The Commission shall prior to the application of this regulation pursuant Article 56 adopt implementing acts determining the specific and technical requirements related to the product passport for toys. Those requirements shall cover in particular the following:
2023/12/05
Committee: IMCO
Amendment 385 #

2023/0290(COD)

Proposal for a regulation
Article 54 – paragraph 1
1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 542 months after the date of entry into force of this Regulation].
2023/12/05
Committee: IMCO
Amendment 392 #

2023/0290(COD)

Proposal for a regulation
Article 54 – paragraph 3
3. EC type-examination certificates issued in accordance with Article 20 of Directive 2009/48/EC shall remain valid until … [PO insert date: the first day of the month following 542 months after the date of entry into force of this Regulation], unless they expire before that date.
2023/12/05
Committee: IMCO
Amendment 402 #

2023/0290(COD)

Proposal for a regulation
Article 56 – paragraph 3
However, Articles 2(3), 17(10), 24 to 40, and 46 to 52, shall apply from … [OP: please insert the date of entry into force of this Regulation].
2023/12/05
Committee: IMCO
Amendment 412 #

2023/0290(COD)

Proposal for a regulation
Annex I – Part II a (new)
II a Books for children older than 36 months, that are made entirely of paper and/or cardboard, without additional materials or components.
2023/12/05
Committee: IMCO
Amendment 418 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part I – point 9
9. Toys shallintended to generate sound must be designed and manufactured in such a way, in terms ofwith regard to the maximum values for impulse noise and continuous noise, in such a way that the sound from them is not able tothey emit cannot impair children's hearing.
2023/12/05
Committee: IMCO
Amendment 453 #

2023/0290(COD)

Proposal for a regulation
Annex VI – Part I – point d
(d) object of the passport (identification of toy allowing traceability, including a colour image of sufficient clarity to enable the identification of the toy);
2023/12/05
Committee: IMCO
Amendment 454 #

2023/0290(COD)

Proposal for a regulation
Annex VI – Part I – point k
(k) any substance of concern that is present in the toy.deleted
2023/12/05
Committee: IMCO
Amendment 456 #
2023/12/05
Committee: IMCO
Amendment 85 #

2023/0133(COD)

Proposal for a regulation
Recital 5
(5) Whereas transparency in SEP licensing should stimulate a balanced investment environment, along entire Single Market value chains, in particular for emerging technology use cases underpinning Union objectives of green, digital and resilient growth, the Regulation should also apply to standards or parts thereof, published before its entry into force where inefficiencies in the licensing of the relevant SEPs severely distort the functioning of the internal market. This is particularly relevant for market failures hindering investment in the Single Market, the roll-out of innovative technologies or the development of nascent technologies and emerging use cases. Therefore, taking into account those criteria, the Commission should determine by a delegated act the standards or parts thereof that have been published before the entry into force of this Regulation and the relevant use cases, for which SEPs can be registered.deleted
2023/10/27
Committee: IMCO
Amendment 160 #

2023/0133(COD)

Proposal for a regulation
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.
2023/10/27
Committee: IMCO
Amendment 173 #

2023/0133(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) before the entry into force of this Regulation, in accordance with Article 66.deleted
2023/10/27
Committee: IMCO
Amendment 208 #

2023/0133(COD)

Proposal for a regulation
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.
2023/10/27
Committee: IMCO
Amendment 250 #

2023/0133(COD)

Proposal for a regulation
Article 15
Notification of an aggregate royalty to the 1. more Member States for which FRAND commitments have been made may jointly notify the competence centre the aggregate royalty for the SEPs covering a standard. 2. The notification made in accordance with paragraph (1) shall contain the information on the following: (a) the commercial name of the standard; (b) that define the standard; (c) the names of the SEP holders making the notification referred to in paragraph (1); (d) the estimated percentage the SEP holders referred to in paragraph (1) represent from all SEP holders; (e) they own collectively from all SEPs for the standard; (f) the implementations known to the SEP holders referred to in point (c); (g) the global aggregate royalty, unless the notifying parties specify that the aggregate royalty is not global; (h) royalty referred to in paragraph (1) is valid. 3. The notification referred to in paragraph (1) shall be made at the latest 120 days after: (a) the standard development organisation for implementations known to the SEP holders referred to in paragraph (2), point (c); or (b) standard becomes known to them. 4. publish in the database the information provided under paragraph (2).Article 15 deleted competence centre Holders of SEPs in force in one or the list of technical specifications the estimated percentage of SEPs any period for which the aggregate the publication of a standard by a new implementation of the The competence centre shall
2023/10/27
Committee: IMCO
Amendment 253 #

2023/0133(COD)

Proposal for a regulation
Article 16
Revision of aggregate royalty 1. aggregate royalty, the SEP holders shall notify the competence centre about the revised aggregate royalty and the reasons for the revision. 2. publish in the database the initial aggregate royalty, the revised aggregate royalty and the reasons for the revision in the register.Article 16 deleted In case of revision of the The competence centre shall
2023/10/27
Committee: IMCO
Amendment 255 #

2023/0133(COD)

Proposal for a regulation
Article 17
Process for facilitating agreements on 1. more Member States representing at least 20 % of all SEPs of a standard may request the competence centre to appoint a conciliator from the roster of conciliators to mediate the discussions for a joint submissiArticle 17 deleted aggregate royalty determinations Holders of SEPs in force in one of an aggregate royalty. 2. later than 90 days following the publication of the standard or no later than 120 days following the firr Such a request shall be made no The request shale of new implementation on the Union market for implementations not known atl contain the the commercial name of the the timdate of publication of the standard. 3. following information: (a) standard; (b) technical specification or the date of the first sale of new implementation on the Union market; (c) SEP holders referred to in paragraph (1); (d) the SEP holders supporting the request; (e) they own individually and collectively from all potential SEPs claimed for the standard. 4. the SEP holders referred to in paragraph (3), point (d) and request them to express their interest in participating in the process and to providelatest the implementations known to the the names and contact details of their estimated percentage of SEPs from all SEPs for the standard. 5. The competence centre shall appoint a conciliator from the roster of conciliators and inform all SEP holders that expressed interest to participate in the process. 6. conciliator confidential information shall provide a non-confidential version of the information submitted in confidence in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. 7. Where the SEP holders fail to make a joint notification within 6 months from the appointment of the conciliator, the conciliator shall terminate the process. 8. notification, the procedure set out in Article 15(1), (2) and (4) shall apply.The competence centre shall notify SEP holders that submit to the If the contributors agree on a joint
2023/10/27
Committee: IMCO
Amendment 263 #

2023/0133(COD)

Proposal for a regulation
Article 18
[...]deleted
2023/10/27
Committee: IMCO
Amendment 333 #

2023/0133(COD)

Proposal for a regulation
Article 34 – paragraph 4
4. The obligation to initiate FRAND determination pursuant to paragraph 1 prior to the court proceedings is without prejudice to the possibility for either party to request, pending the FRAND determination, the competent court of a Member State to issue a provisional injunction of a financial nature against the alleged infringer. The provisional injunction shall exclude the seizure of property of the alleged infringer and the seizure or delivery up of the products suspected of infringing a SEP. Where national law provides that the provisional injunction of a financial nature can only be requested where a case is pending on the merits, either party may bring a case on the merits before the competent court of a Member State for that purpose. However, the parties shall request the competent court of a Member State to suspend the proceedings on the merits for the duration of the FRAND determination. In deciding whether to grant the provisional injunction, the competent court of a Member States shall consider that a procedure for FRAND determination is ongoing.deleted
2023/10/27
Committee: IMCO
Amendment 341 #

2023/0133(COD)

Proposal for a regulation
Article 37
Duration of the FRAND determination 1. parties, the period from the date of the submission of the request to continue the FRAND determination in accordance with Article 38(5)(b) or Article 38(3)(c) or Article 38(4)(a), second sentence, or Article 38(4)(c), as applicable, until the date of the termination of the procedure shall not exceed 9 months. 2. The period for the time barring of claims before a competent court of a Member State shall be suspended for the duration of the FRAND determination.Article 37 deleted Unless otherwise agreed by the
2023/10/27
Committee: IMCO
Amendment 475 #

2023/0133(COD)

Proposal for a regulation
Article 66
Opening registration for an existing 1. 28 months from the entry into force of this regulation] holders of SEPs essential to a standard published before the entry into force of this Regulation (‘existing standards’), for which FRAND commitments have been made, may notify the competence centre pursuant to Articles 14, 15 and 17 of any of the existing standards or parts thereof that will be determined in theArticle 66 delegated act in accordance with paragraph (4). The procedures, notification and publication requirements set out in this Regulation apply mutatis mutandis. 2. 28 months from entry into force of this regulation] implementers of a standard, standard published before the entry into force of this Regulation, for which FRAND commitments have been made may notify pursuant to Article 14(4) the competence centre of any of the existing standards or parts thereof, that will be determined in the delegated act in accordance with paragraph (4). The procedures, notification and publication requirements set out in this Regulation apply mutatis mutandis. 3. 30 months from entry into force of this regulation] a SEP holder or an implementer may request an expert opinion pursuant to Article 18 regarding SEPs essential to an existing standard or parts thereof, that will be determined in the delegated act in accordance with paragraph (4). The requirements and procedures set out in Article 18 apply mutatis mutandis. 4. internal market is severely distorted due to inefficiencies in the licensing of SEPs, the Commission shall, after an appropriate consultation process, by means of a delegated act pursuant to Article 67, determine which of the existing standards, parts thereof or relevant use cases can be notified in accordance with paragraph (1) or paragraph (2), or for which an expert opinion can be requested in accordance with paragraph (3). The delegated act shall also determine which procedures, notification and publication requirements set out in this Regulation apply to those existing standards. The delegated act shall be adopted within [OJ: please insert the date = 18 months from entry into force of this regulation]. 5. prejudice to any acts concluded and rights acquired by [OJ: please insert the date = 28 months from entry into force of this regulation].standard Until [OJ: please insert the date = Until [OJ: please insert the date = Until [OJ: please insert the date = Where the functioning of the This article shall apply without
2023/10/27
Committee: IMCO
Amendment 488 #

2023/0133(COD)

Proposal for a regulation
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.
2023/10/27
Committee: IMCO
Amendment 489 #

2023/0133(COD)

Proposal for a regulation
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.
2023/10/27
Committee: IMCO
Amendment 492 #

2023/0133(COD)

Proposal for a regulation
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.
2023/10/27
Committee: IMCO
Amendment 494 #

2023/0133(COD)

Proposal for a regulation
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.
2023/10/27
Committee: IMCO
Amendment 495 #

2023/0133(COD)

Proposal for a regulation
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].
2023/10/27
Committee: IMCO
Amendment 60 #

2023/0085(COD)

Proposal for a directive
Recital 6
(6) A regulatory framework for environmental claims is one of the actions proposed by the Commission to implement the European Green Deal69 , which recognises that reliable, comparable and verifiable information plays an important part in enabling buyers to make more sustainable decisions and reduces the risk of ‘greenwashing’, and includes commitments to step up regulatory and non-regulatory efforts to tackle false environmental claims. Together with other applicable Union regulatory frameworks, including the proposal for a Directive on empowering consumers for the green transition70 , amending Directive 2005/29/EC of the European Parliament and of the Council71 that this proposal aims at complementing as lex specialis, they establish a clear regime for environmental claims, including environmental labels. _________________ 69 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: The European Green Deal, COM/2019/640 final 70 Proposal for a Directive of the European Parliament and of the Council amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information, COM(2022) 143 final 71 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (Unfair Commercial Practices Directive) (OJ L 149, 11.6.2005, p. 22).
2023/11/14
Committee: ENVIIMCO
Amendment 63 #

2023/0085(COD)

Proposal for a directive
Recital 8 a (new)
(8 a) This directive should not apply to national or regional EN ISO 14024 Type I ecolabelling schemes officially recognised in the Member States or to environmental labelling schemes as laid down in Regulation (EC) No 66/2010 and as recognised in the Directive EU (.../...) on Empowering Consumers for the Green Transition as a tool to show excellent environmental performance.
2023/11/14
Committee: ENVIIMCO
Amendment 71 #

2023/0085(COD)

Proposal for a directive
Recital 14 a (new)
(14 a) Recognizing the importance of precision and transparency in environmental claims. Member states should provide practical guidance for the interpretation of the definitions in this Directive. Claims that do not directly and primarily address the environmental impact of a product should not be categorised as explicit environmental claims. Claims solely related to product features should be distinguished from those that genuinely convey environmental benefits, ensuring that consumers are not misinformed and the integrity of environmental marketing remains intact.
2023/11/14
Committee: ENVIIMCO
Amendment 77 #

2023/0085(COD)

Proposal for a directive
Recital 15 a (new)
(15 a) It should be possible for traders to base their environmental claims on an environmental labelling schemes without further documentation or control, when the claim is based on specific requirements in the criteria and the trader has been certified to display or use such an environmental labelling scheme. Since the environmental labelling scheme will ensure independent third-party control already, there is no need for additional control of that specific green claims.
2023/11/14
Committee: ENVIIMCO
Amendment 86 #

2023/0085(COD)

Proposal for a directive
Recital 19
(19) It would be misleading to consumers if an explicit environmental claim pointed to the benefits in terms of environmental impacts or environmental aspects while omitting that the achievement of those benefits leads to negative trade-offs on other environmental impacts or environmental aspects. To this end the information used to substantiate explicit environmental claims should ensure that the interlinkages between the relevant environmental impacts and between environmental aspects and environmental impacts can be identified along with potential trade-offs. The assessment used to substantiate explicit environmental claims should identify if improvements on environmental impacts or environmental aspects lead to the kind of trade-offs that significantly worsen the performance as regards other environmental impacts or environmental aspects, for example if savings in water consumption lead to a notable increase in greenhouse gas emissions, or in the same environmental impact in another life-cycle stage of the product, for example CO2 savings in the stage of manufacturing leading to a notable increase of CO2 emissions in the use phase. For example, a claim on positive impacts from efficient use of resources in intensive agricultural practices may mislead consumers due to trade-offs linked to impacts on biodiversity, ecosystems or animal welfare. An environmental claim on textiles containing plastic polymer from recycled PET bottles may also mislead consumers as to the environmental benefit of that aspect if the use of this recycled polymer competes with the closed-loop recycling system for food contact materials which is considered more beneficial from the perspective of circularity.
2023/11/14
Committee: ENVIIMCO
Amendment 92 #

2023/0085(COD)

Proposal for a directive
Recital 20
(20) In order for the environmental claim to be considered robust, it should reflect as accurately as possible the environmental performance of the specific product or trader. The information used to substantiate explicit environmental claims therefore needs to include primary, company-specific data for relevant aspects contributing significantly to the environmental performance of the product or trader referred to in the claim. It is necessary to strike the right balance between ensuring relevant and robust information for substantiating environmental claims, the intellectual property right and sensitive business information of the trader, and the efforts needed to gather primary information. The requirement to use primary information should be considered in the light of the influence the trader making the claim has over the respective process and of the availability of primary information. If the process is not run by the trader making the claim and primary information is not available, accurate secondary information should be able to be used even for processes that contribute significantly to the environmental performance of the product or trader. This is especially relevant to not disadvantage SMEs and to keep the efforts needed to acquire primary data at a proportionate level. Moreover, the relevant environmental aspects are different for each type of environmental claim. For instance, for claims on recycled or bio-based content, the composition of the product should be covered by primary data. For claims on being environmentally less polluting in a certain life cycle stage, information on emissions and environmental impacts related to that life cycle stage should include primary data as well. Both primary data and secondary data, i.e. average data, should show a high level of quality and accuracy.
2023/11/14
Committee: ENVIIMCO
Amendment 99 #

2023/0085(COD)

Proposal for a directive
Recital 21 a (new)
(21 a) Directive (EU … /…) on Empowering Consumers for the Green Transition prohibits claims, based on greenhouse gas emissions offsetting, that a product, either a good or service, has a neutral, reduced, or positive impact on the environment in terms of greenhouse gas emissions. Such claims are prohibited in all circumstances and have been added to Annex I of Directive 2005/29/EC. This Directive does not put into question this prohibition and instead focuses primarily on the substantiation, communication and verification of claims that are permitted under Union law. Furthermore, this Directive should not impose any new prohibitions of claims that are based on greenhouse gas emissions offsetting. The prohibitions included in Directive (EU … /…) on Empowering Consumers for the Green Transition should be adequately implemented by Member States in a coherent manner without any new or overlapping legislative requirements that may hamper effective implementation.
2023/11/14
Committee: ENVIIMCO
Amendment 110 #

2023/0085(COD)

Proposal for a directive
Recital 29 a (new)
(29 a) It is imperative to acknowledge the unique challenges faced by micro, small and medium-sized enterprises (SMEs) in terms of resources and capabilities, especially in comparison to larger corporations. Therefore, it is essential for Member States when implementing this proposal to strike a balance between ensuring the substantiation of environmental claims while also establishing streamlined, accessible procedures and easier access to certification for businesses of all sizes.
2023/11/14
Committee: ENVIIMCO
Amendment 117 #

2023/0085(COD)

Proposal for a directive
Recital 31
(31) In order to meet both the needs of traders regarding dynamic marketing strategies and the needs of consumers regarding more detailed, and more accurate, environmental information, the Commission may adopt delegated acts to supplement the provisions on substantiation of explicit environmental claims by further specifying the criteria for such substantiation with regard to certain claims (e.g. climate-related claims, including claims about offsets, “climate neutrality” or similar, recyclability and recycled content). The Commission should be empowered to further establish rules for measuring and calculating the environmental impacts, environmental aspects and environmental performance, by determining which activities, processes, materials, emissions or use of a product or trader contribute significantly or cannot contribute to the relevant environmental impacts and environmental aspects; by determining for which environmental aspects and environmental impacts primary information should be used; and by determining the criteria to assess the accuracy of primary and secondary information. While in most cases the Commission would consider the need for adopting these rules only after having the results of the monitoring of the evolution of environmental claims on the Union market, for some types of claims it may be necessary for the Commission to adopt supplementary rules before the results of this monitoring are available. For example, in case of climate-related claims it may be necessary to adopt such supplementary acts in order to operationalise the provisions on substantiation of claims based on offsets and carbon removals to align them and make them interoperable with the Carbon Removal Certification Framework and its related delegated acts.
2023/11/14
Committee: ENVIIMCO
Amendment 122 #

2023/0085(COD)

Proposal for a directive
Recital 32
(32) The Commission Recommendation (EU) 2021/2279 contains guidance on how to measure the life cycle environmental performance of specific products or organisations and how to develop Product Environmental Footprint Category Rules (PEFCRs) and Organisation Environmental Footprint Sectorial Rules (OEFSRs) that allow comparison of products to a benchmark. Such category rules for specific products or traders can be used to support the substantiation of claims in line with the requirements of this Directive. Therefore, the Commission should be empowered to adopt delegated acts to establish product group or sector specific rules where this may have added value. However, in case the Product Environmental Footprint method does not yet cover an impact category, which is relevant for a product group, the adoption of PEFCR may take place only once these new relevant environmental impact categories have been added. For example, as regards marine fisheries, the PEFCR should for example reflect the fisheries- specific environmental impact categories, in particular the sustainability of the targeted stock. Concerning space, the PEFCR should reflect defence and space- specific environmental impact categories, including the orbital space use. As regards food and agricultural products, biodiversity and nature protection, as well as farming practices, including positive externalities of extensive farming and animal welfare, should, for example, also be integrated before the adoption of PEFCR could be considered. As regards textiles, the PEFCR should for example reflect the microplastics release, before the adoption of PEFCR could be considered.
2023/11/14
Committee: ENVIIMCO
Amendment 143 #

2023/0085(COD)

Proposal for a directive
Recital 41
(41) The environmental labels often aim at providing consumers with an aggregated scoring presenting a cumulative environmental impact of products or traders to allow for direct comparisons between products or traders. Such aggregated scoring however presents risks of misleading consumers as the aggregated indicator may dilute negative environmental impacts of certain aspects of the product with more positive environmental impacts of other aspects of the product. In addition, when developed by different operators, such labels usually differ in terms of specific methodology underlying the aggregated score such as the environmental impacts considered or the weighting attributed to these environmental impacts. This may result in the same product receiving different score or rating depending on the scheme. This concern arises in relation to schemes established in the Union and in third countries. This is contributing to the fragmentation of the internal market, risks putting smaller companies at a disadvantage, and is likely to further mislead consumers and undermine their trust in environmental labels. In order to avoid this risk and ensure better harmonisation within the single market, the explicit environmental claims, including environmental labels, based on an aggregated score representing a cumulative environmental impact of products or traders should not be deemed to be sufficiently substantiated, unless those aggregated scores stem from Union rules, or other internationally recognized and widely accepted environmental labelling schemes, including the delegated acts that the Commission is empowered to adopt under this Directive, resulting inwhich would, once adopted, allow for Union-wide harmonised schemes for all products or per specific product group based on a single methodology to ensure coherence and comparability.
2023/11/14
Committee: ENVIIMCO
Amendment 149 #

2023/0085(COD)

Proposal for a directive
Recital 46
(46) Environmental labelling schemes established by private operators, if too many and overlapping in terms of scope, may create confusion in consumers or undermine their trust in environmental labels. Therefore, Member States should only allow that new environmental labelling schemes are established by private operators provided that they offer significant added value as compared to the existing national or regional schemes in terms of environmental ambition of the criteria to award the label, coverage of relevant environmental impacts, and completeness of the underlying assessment. Member States should set up a procedure for the approval of new environmental labelling schemes based on a certificate of conformity drawn up by the independent verifier. This should apply to schemes established in the Union and outside of the Union.
2023/11/14
Committee: ENVIIMCO
Amendment 185 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 1
1. This Directive applies to voluntary explicit environmental claims made by traders about products or tradernd environmental labelling schemes in business-to- consumer commercial practices as defined in Directive 2005/29/EC.
2023/11/14
Committee: ENVIIMCO
Amendment 190 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 1
1. This Directive applies to explicit environmental claims made by traders about products or traders in business-to- consumer commercial practices as defined in Article 2 d) of Directive 2005/29/EC.
2023/11/14
Committee: ENVIIMCO
Amendment 191 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 1 a (new)
1 a. This Directive does not apply to explicit environmental claims made by traders about products or traders in business-to-business commercial practices.
2023/11/14
Committee: ENVIIMCO
Amendment 197 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – point a
(a) Regulation (EC) No 66/2010 of the European Parliament and of the Council95 , and with national or regional EN ISO 14024 Type I ecolabelling schemes officially recognised in the Member States. _________________ 95 Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).
2023/11/14
Committee: ENVIIMCO
Amendment 203 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – point k
(k) Directive 94/62/EC of the European Parliament and of the Council105 ; _________________ 105 Directive 94/62/ECRegulation [EU]…/… of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10), amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC.
2023/11/14
Committee: ENVIIMCO
Amendment 206 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – point o
(o) Directive 2013/34/EU of the European Parliament and of the Council109 , Regulation (EU) 2019/2088 of the European Parliament and of the Council and other Union, national or international rules, standards or guidelines for financial services, financial instruments, and financial products; _________________ 109 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
2023/11/14
Committee: ENVIIMCO
Amendment 207 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – point o a (new)
(o a) Commission Delegated Regulation supplementing Directive 2013/34/EU as regards sustainability reporting standards (ESG Reporting Standards)
2023/11/14
Committee: ENVIIMCO
Amendment 229 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2 a. This Directive does not apply to the marketing of trade fair, congress and event services.
2023/11/14
Committee: ENVIIMCO
Amendment 235 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
(2) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in an environmental labelwhere the specification of the claim is provided in clear and prominent terms on the same medium or through digital means and not contained in an environmental label, which is open to a verification based on its specification;
2023/11/14
Committee: ENVIIMCO
Amendment 246 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
(3 a) 'private operator' means any entity engaged in economic activities within the Union and any non-profit organisation or institution distinct from public sector bodies.
2023/11/14
Committee: ENVIIMCO
Amendment 249 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7
(7) ‘sustainability label’ means sustainability label as defined in Article 2, point (r), of Directive 2005/29/EC;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 263 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 17
(17) ‘environmental performance’ means the performance of a certain product or product group or trader or sector related to the environmental aspects or environmental impacts of that product or product group or the activities of that trader or sector;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 265 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 19
(19) ‘environmental impact’ means any measurable change to the environment, whether positive or negative, that wholly or partially results from a trader’s or sector’s activities or from a product or product group during its life cycle.
2023/11/14
Committee: ENVIIMCO
Amendment 267 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 19 a (new)
(19 a) ‘widely recognised scientific approach’ means evidence based on an international or European standard or on a scientifically valid reasoning or methodology which has been either subject to peer review and publication or has received widespread acceptance within a relevant scientific community.
2023/11/14
Committee: ENVIIMCO
Amendment 273 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that traders carry out an assessment to substantiate explicit environmental claims. This assessmente assessment for explicit environmental claims related to environmental impacts, environmental aspects or environmental performance shall:
2023/11/14
Committee: ENVIIMCO
Amendment 285 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) rely on widely recognised scientific evidence, use accurate information and take into account relevant international standards;or Union, national or international standards the references of which have been included in the database in accordance with Article 10(9a),
2023/11/14
Committee: ENVIIMCO
Amendment 301 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c
(c) for claims regarding the environmental impact of a product along the life-cycle demonstrate that environmental impacts, environmental aspects or environmental performance that are subject to the claim are significant from a life- cycle perspective;
2023/11/14
Committee: ENVIIMCO
Amendment 305 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point d
(d) where a claim is made on environmental performance, take into account all environmental aspects or environmental impacts which are significant to assessing the environmental performance;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 310 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point d
(d) where a claim is made on environmental performance, take into account all environmental aspects or environmental impacts which are significant to assessing the environmental performance or from a life-cycle perspective as defined in ISO 14001 ;
2023/11/14
Committee: ENVIIMCO
Amendment 314 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e
(e) demonstrate that the claim is not equivalent to requirements imposed by law on products within the product group, or traders within the sector;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 318 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) provide information whether the product or trader which is subject to the claim performs significantly better regarding environmental impacts, environmental aspects or environmental performance which is subject to the claim than what is common practice for products in the relevant product group or traders in the relevant sector;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 320 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) provide information whether the product or trader which is subject to the claim performs significantly better regarding environmental impacts, environmental aspects or environmental performance which is subject to the claim than what is common practice for products in the relevant product group or traders in the relevant sector;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 327 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) identify whether improving environmental impacts, environmental aspects or environmental performance subject to the claim leads to significant harm in relation to environmental impacts on climate change, resource consumption and circularity, sustainable use and protection of water and marine resources, pollution, biodiversity, animal welfare and ecosystems;cross-media effects taking into account the environment as a whole.
2023/11/14
Committee: ENVIIMCO
Amendment 367 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point j
(j) include relevant secondary information, that is relevant and commonly available on the market at a reasonable costs, for environmental impacts, environmental aspects, or environmental performance which is representative of the specific value chain of the product or the trader on which a claim is made, in cases where no primary information is available.
2023/11/14
Committee: ENVIIMCO
Amendment 372 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 2
2. Where it is demonstrated that significant environmental impacts that are not subject to the claim exist but there is no widely recognised scientific evidence to perform the assessment referred to in point (c) of paragraph 1, the trader making the claim on another aspect shall take account of available information and, if necessary, update the assessment in accordance with paragraph 1 once widely recognised scientific evidence is available. When a product or service is certified with an environmental labelling scheme, compliant under Article 7 of this Directive, the trader can assume compliance with paragraph 1 if the claim is based on specific requirements in that label. In accordance with Directive EU (.../...) Empowering consumer for the green transition, when a product or service is certified with a certification scheme for which the monitoring of compliance is objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader, the trader can assume compliance with paragraph 1 if the claim is based on specific requirements of that scheme.
2023/11/14
Committee: ENVIIMCO
Amendment 380 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 3
3. The requirements set out in paragraphs 1 and 2 shall not apply to traders that are micro, small and medium- sized enterprises (SMEs) within the meaning of Commission Recommendation 2003/361/EC110 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. _________________ 110 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).
2023/11/14
Committee: ENVIIMCO
Amendment 388 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 3 a (new)
3 a. The European Commission shall develop and made publicly available guidelines on how to interpret the criteria outlined in paragraphs 1 and 2, however no later than 36 months after the entry into force of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 390 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 3 b (new)
3 b. In the process of developing guidelines, the Commission shall consult Member States' representatives and relevant interested parties involved in the development of secondary legislation on explicit environmental claims, including micro, small and medium-sized enterprises (SMEs) within the meaning of Commission Recommendation 2003/361/EC .
2023/11/14
Committee: ENVIIMCO
Amendment 405 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 5 – point a a (new)
(a a) the work already done in the context of PEFCRs;
2023/11/14
Committee: ENVIIMCO
Amendment 409 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
(d a) the views of relevant stakeholders, such as industry, including SMEs, standardisation organisations, Eco-labels, trade unions and associations, traders, retailers, importers, environmental protection organisations, consumer organisations, researchers and other experts.
2023/11/14
Committee: ENVIIMCO
Amendment 419 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 1 – point c
(c) the coverage of the stages along the value chain is equivalent for thereasonably relevant products and traders compared and ensures that the most significant stages are taken into account for all products and traders;
2023/11/14
Committee: ENVIIMCO
Amendment 422 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 1 – point d
(d) the coverage of environmental impacts, environmental aspects or environmental performances is equivalent for the products and traders compared and ensures that the most significant product specific environmental impacts, environmental aspects or environmental performances are taken into account for all products and traders;
2023/11/14
Committee: ENVIIMCO
Amendment 425 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 1 a (new)
1 a. By way of derogation from paragraph 1, comparative environmental claims concerning traders subject to different environmental labelling schemes shall include details concerning the methodology of comparison and the characteristics of the respective schemes.
2023/11/14
Committee: ENVIIMCO
Amendment 427 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 2 a (new)
2 a. An explicit environmental claim is presumed to be in conformity with Articles 3 and 5 when it is based on specific requirements in a certified environmental labelling scheme and can therefore be communicated without further documentation or verification.
2023/11/14
Committee: ENVIIMCO
Amendment 428 #

2023/0085(COD)

2 b. In cases where local conditions, the availability of verifications methods, data sources, or the geographical variation in environmental impact of certain measures present significant complications for traders in complying with the requirements of Article 4 (1), exemptions may be granted subject to the condition that traders engage an independent third-party verification entity recognized by the relevant regulatory authority. This entity shall assess the alternative measures proposed by the trader to address local complications and confirm their accuracy, fairness and transparency.
2023/11/14
Committee: ENVIIMCO
Amendment 430 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 3
3. The requirements laid down in this Article shall not apply to traders that are micro, small and medium-sized enterprises (SMEs) within the meaning of Commission Recommendation 2003/361/EC111 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. _________________ 111 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).
2023/11/14
Committee: ENVIIMCO
Amendment 435 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that a trader is required to communicate an explicit environmental claim in accordance with the requirements set out in this Article. Member States shall ensure that the disclosure of the required data and information does not interfere with a company’s intellectual property or reveal confidential or sensitive business information in accordance with Directive (EU) 2016/943.
2023/11/14
Committee: ENVIIMCO
Amendment 445 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Where the explicit environmental claim is related to a final product, and the use phase is among the most relevant life- cycle stages of that product, the claim shall include if applicable information on how the consumer should use the product in order to achieve the expected environmental performance of that product. That information shall be made available together with the claim.
2023/11/14
Committee: ENVIIMCO
Amendment 446 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 4
4. Where the explicit environmental claim is related to future environmental performance of a product or trader it shall include a time-bound commitment for improvements inside own operations and value chains.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 451 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 4
4. Where the explicit environmental claim is related to future environmental performance of a product or trader it shall be science-based, include a time-bound commitment for improvements inside own operations and value chains and communicated to the consumer in a transparent manner.
2023/11/14
Committee: ENVIIMCO
Amendment 459 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 5
5. Explicit environmental claims on the cumulative environmental impacts of a product or trader based on an aggregated indicator of environmental impacts can be made only on the basis of rules to calculate such aggregated indicator that are established in the Union law and in line with international or European standards.
2023/11/14
Committee: ENVIIMCO
Amendment 468 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 6 – subparagraph 1
Information on the product or the trader that is the subject of the explicit environmental claim and on the substantiation shall be made available together with the claim in a physical form or in the form of a weblink, QR code, through a digital product passport or equivalent.
2023/11/14
Committee: ENVIIMCO
Amendment 473 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – introductory part
That information shall include at least the followingconsist of:
2023/11/14
Committee: ENVIIMCO
Amendment 478 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point c
(c) the underlying studies or calculations used to assess, measure and monitor the environmental impacts, environmental aspects or environmental performance covered by the claim, without omitting the results of such studies or calculations and, explanations of their scope, assumptions and limitations, unless the information is a trade secret in line with Article 2 paragraph 1 of Directive (EU) 2016/943112 ; _________________ 112 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).deleted
2023/11/14
Committee: ENVIIMCO
Amendment 484 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point d
(d) a brief explanation how the improvements that are subject to the claim are achievdeleted;
2023/11/14
Committee: ENVIIMCO
Amendment 497 #

2023/0085(COD)

(g) a summary of the assessment including the elements listed in this paragraph that is clear and understandable to the consumers targeted by the claim and that is provided in at least one of the official languages of the Member State where the claim is made and shall not include information that is confidential and qualifies as a trade secret in line with Article 2(1) of Directive (EU) 2016/943.
2023/11/14
Committee: ENVIIMCO
Amendment 502 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 7
7. The requirements set out in paragraphs 2, 3 and 6 shall not apply to traders that are micro, small and medium- sized enterprises (SMEs) within the meaning of Commission Recommendation 2003/361/EC unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10.
2023/11/14
Committee: ENVIIMCO
Amendment 511 #

2023/0085(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that environmental labels fulfil the requirements set out in Articles 3 to 6 and are subject to verification in accordance with Article 10. If an environmental label demonstrates that its methodology is based on the use of scientific and reproducible assessment methods, only the general methodology of the label should be subject to verification according to Article 10(2), but not the requirements and related testing for each individual product or service group covered by the label.
2023/11/14
Committee: ENVIIMCO
Amendment 518 #

2023/0085(COD)

Proposal for a directive
Article 7 – paragraph 2
2. Only environmental labels awarded under environmental labelling schemes established under Union lawadopting a scientific and reproducible method, performed by independent organisations complying with the requirements of the first paragraph of this Article and environmental labels owned by private operators that have received verification in accordance with Article 10 of the Directive of their rating or scoring methodology may present a rating or score of a product or trader based on an aggregated indicator of environmental impacts of a product or trader.
2023/11/14
Committee: ENVIIMCO
Amendment 524 #

2023/0085(COD)

Proposal for a directive
Article 7 – paragraph 2 a (new)
2 a. Aggregated scores which are not only or not predominantly addressing environmental aspects or impacts but also include other dimensions in the weighing criteria, such as price, quality or durability, are allowed provided that they fulfil the requirements of the first paragraph of this Article with regards to the environmental component of the label.
2023/11/14
Committee: ENVIIMCO
Amendment 539 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point d
(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted for consultation to a heterogeneous group of stakeholders that has reviewstakeholders that apply or are impacted by the labelling scheme or the stakeholders’ representatives that have assessed them, and ensuredconcurred with their relevance from a societal perspective;
2023/11/14
Committee: ENVIIMCO
Amendment 548 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3
3. From [OP: Please insert the date = the date of transposition of this Directive] no new national or regional environmental labelling schemes shall be established by public authorities of the Member States. However, national or regional environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive. From the date referred to in the first subparagraph, environmental labelling schemes may only be established under Union law.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 549 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3
3. From [OP: Please insert the date = the date of transposition of this Directive] no new national or regional environmental labelling schemes shall be established by public authorities of the Member States. However, national or regional environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive. From the date referred to in the first subparagraph, environmental labelling schemes may only be established under Union law.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 553 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
From [OP: Please insert the date = the date of transposition of this Directive] no new national or regional environmental labelling schemes shall be established by public authorities of the Member States. However, national or regional environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 557 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
From the date referred to in the first subparagraph, environmental labelling schemes may only be established under Union law.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 567 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Member States shall ensure thatould set up a procedure for the approval of new environmental labelling schemes established by private operators after [OP: Please insert the date = the date of transposition of this Directive] are only approved if those schemes provide added value in terms of their environmental ambition, including notably their extent of coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector and their ability to support the green transition of SMEs, as comparbased on a certificate of conformity drawn up by the independent verifier. This should apply to schemes established toin the existing Union, national or regional schemes referred to in paragraph 3,Union and outside of the Union. and meet the requirements of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 588 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point d a (new)
(d a) a proposal for draft criteria and the methodology used to develop a rating or scoring system and its added value for consumers;
2023/11/14
Committee: ENVIIMCO
Amendment 589 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 7
7. The Commission shall publish and keep-up-to date a list of officially recognised environmental labels, including national or regional EN ISO 14024 Type I environmental labels officially recognised in the Member States and environmental labels as laid down in Regulation (EC) No 66/2010, that are allowed to be used on the Union market after [OP: Please insert the date = the date of transposition of this Directive] pursuant to paragraphs 3, 4 and 5and comply with this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 598 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 8 – subparagraph 1 – introductory part
In order to ensure a uniform application across the Union, the Commission shall adopt implementing12 months after the date of transposition of this Directive delegated acts to:
2023/11/14
Committee: ENVIIMCO
Amendment 604 #

2023/0085(COD)

Proposal for a directive
Article 9
Review of the substantiation of explicit Member States shall ensure that the information used for substantiation of explicit environmental claims is reviewed and updated by traders when there are circumstances that may affect the accuracy of a claim, and no later than 5 years from the date when the information referred to in Article 5(6) is provided. In the review, the trader shall revise the used underlying information to ensure that the requirements of Articles 3 and 4 are fully complied with. The updated explicit environmental claim shall be subject to verification in accordance with Article 10.Article 9 deleted environmental claims
2023/11/14
Committee: ENVIIMCO
Amendment 605 #

2023/0085(COD)

Member States shall ensure that the information used for substantiation of explicit environmental claims is reviewed and updated by traders when there are circumstances that may affectsignificantly change the accuracy of a claim, and no later than 5 years from the date when the information referred to in Article 5(6) is provided. The requirements for an environmental labelling scheme shall be reviewed no later than every 5 years. However, this does not mean that traders have to resubmit all documentation if the requirements have not been changed. In the review, the trader shall revise the used underlying information to ensure that the requirements of Articles 3 and 4 are fully complied with.
2023/11/14
Committee: ENVIIMCO
Amendment 611 #

2023/0085(COD)

Proposal for a directive
Article 9 – paragraph 1 a (new)
The trader shall not be obliged to review the substantiation nor reapply for certification in case of small changes, for instance spelling mistakes, to the text of the claim without major impact on the nature of the claim.
2023/11/14
Committee: ENVIIMCO
Amendment 614 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 1
1. Member States shall set up procedures for verifying the substantiation and communication of explicit environmental claims made after the entry into force of this Directive against the requirements set out in Articles 3 to 7.
2023/11/14
Committee: ENVIIMCO
Amendment 620 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 3
3. The verification and certification requirements shall apply to traders that are micro, small and medium-sized enterprises (SMEs) within the meaning of Commission Recommendation 2003/361/EC only if they so request.
2023/11/14
Committee: ENVIIMCO
Amendment 626 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 3 a (new)
3 a. When setting up the procedures referred to in paragraphs 1 and 2, Member States shall ensure that the cost of verification and certification shall be proportionate to the complexity of the substantiation of the claim, and the size and turnover of traders requesting verification and certification (special focus on SMEs and micro enterprises);
2023/11/14
Committee: ENVIIMCO
Amendment 629 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 4
4. The verification of environmental labelling schemes shall be undertaken by a verifier fulfilling the requirements set out in Article 11, in accordance with the procedures referred to in paragraphs 1 and 2, before the environmental claim is made public or the environmental label is displayed by a trader. The verification of explicit environmental claims shall fulfil the requirements set out in Article 12a, in accordance with the procedures referred to in paragraphs 1, before the environmental claim is made public or the environmental label is displayed by a trader.
2023/11/14
Committee: ENVIIMCO
Amendment 645 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 5 a (new)
5 a. When setting up the procedures referred to in paragraphs 1 and 2, Member States shall ensure that the cost of verification and certification shall be proportionate to the complexity of the substantiation of the claim, and the size and turnover of traders requesting verification and certification, special focus on micro enterprises and SMEs.
2023/11/14
Committee: ENVIIMCO
Amendment 652 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 7
7. The certificate of conformity shall be recognised by the competent authorities responsible for the application and enforcement of this Directive. Member States shall notify the list of certificates of conformity via the Internal Market Information System established by Regulation (EU) No 1024/2012. The certificates of conformity shall be made publicly available in a searchable database clearly identifying the trader, the type of claim, the assessment methodology and the sector.
2023/11/14
Committee: ENVIIMCO
Amendment 654 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 7
7. The certificate of conformity shall be recognised by thall Member States and their respective competent authorities responsible for the application and enforcement of this Directive. Member States shall notify the list of certificates of conformity via the Internal Market Information System established by Regulation (EU) No 1024/2012.
2023/11/14
Committee: ENVIIMCO
Amendment 655 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 8
8. The certificate of conformity shall not prejudgebe taken into account, along with other relevant factors, in the assessment of the environmental claim by national authorities or courts in accordance with Directive 2005/29/EC. The certificate of conformity shall be considered as a way of compliance for the national courts to consider when assessing an explicit environmental claim.
2023/11/14
Committee: ENVIIMCO
Amendment 658 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 8 a (new)
8 a. For environmental labelling schemes, the certificate of conformity covers the use of these labels by traders, which are certified to comply with the requirements for such schemes. Those certified traders will not be subject to any further verification.
2023/11/14
Committee: ENVIIMCO
Amendment 659 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 8 b (new)
8 b. Member States shall set up procedures to prioritise the verification of existing environmental claims made before the entry into force of this Directive and introduce a transition period during which existing claims, submitted for verification, can continue to be used. Products bearing environmental claims or environmental labels that were made or displayed before the entry into force of the Directive can continue to be marketed until the environmental claim or environmental label has been verified by the trader.
2023/11/14
Committee: ENVIIMCO
Amendment 662 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 9 a (new)
9 a. To facilitate the correct application of the Directive, following the regular monitoring referred to in Article 20, the Commission shall identify the most common explicit environmental claims present on the market and issue guidance on how to substantiate and communicate those claims. By 2025, the Commission assisted by the technical committee referred to in Article 19 shall develop and issue guidance on the scientific methods and standards that can be accepted to carry out the assessment for environmental footprint claims according to Article 3(1) point (b). By 2026, the Commission shall establish a database of recognised methodologies according to Article 3(1) point (b).
2023/11/14
Committee: ENVIIMCO
Amendment 668 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 9 b (new)
9 b. By 12 months after the official publication of this Directive, the Commission shall adopt delegated acts to set out details regarding the documents to be provided for the verification of substantiation methods.
2023/11/14
Committee: ENVIIMCO
Amendment 672 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 1
1. The verifier shall be a third-party conformity assessment body accredited in accordance with Regulation (EC) No 765/2008113 or an accredited or certified environmental verifier as defined in Art. 2 No. 20 of Regulation (EC) No. 1221/2009. Environmental verifiers are limited to verifying environmental claims of organisations in sectors covered by their scope of accreditation. _________________ 113 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
2023/11/14
Committee: ENVIIMCO
Amendment 678 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 – point b
(b) the verifier, its top-level management and the personnel responsible for carrying out thedirectly involved in verification tasks shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to the verification activities;
2023/11/14
Committee: ENVIIMCO
Amendment 679 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 – point c
(c) the verifier and its personnel shallcation activities should be carryied out the verification activities with the highest degree of professional integrity and the requisite technical competence and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their verification activities,
2023/11/14
Committee: ENVIIMCO
Amendment 681 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 – point d
(d) the verifier shall have the expertise, equipment andcapabilities and (digital) infrastructure required to perform the verification activities in relation to which it has been accredited;
2023/11/14
Committee: ENVIIMCO
Amendment 683 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 – point e
(e) the verifier shall have a sufficient number of suitably qualified and experienced personnel responsible for carrying out the verification tasksensure they possess adequate resources, including human and/or technical capabilities, to effectively fulfil the verification tasks, demonstrating readiness and capacity for the role;
2023/11/14
Committee: ENVIIMCO
Amendment 685 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 – point g
(g) where a verifier subcontracts specific tasks connected with verification or has recourse to a subsidiary, it shall take full responsibility for the tasks performed by subcontractors or subsidiaries and shall assess and monitor the qualifications of the subcontractor or the subsidiary and the work carried out by them. Requirements of paragraph 3, points (a) to (f) shall apply also to subcontractors and subsidiaries.
2023/11/14
Committee: ENVIIMCO
Amendment 687 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 – point g a (new)
(g a) the verifier shall have a complaint and dispute resolution mechanism in place;
2023/11/14
Committee: ENVIIMCO
Amendment 688 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 – point g b (new)
(g b) the verifier who grants the certificate of conformity shall be responsible for the accuracy of the certificate and be held accountable if an investigation finds that it has been negligent in its assessment.
2023/11/14
Committee: ENVIIMCO
Amendment 690 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 a (new)
3 a. Member States shall ensure that measures adopted in accordance with this Directive are without prejudice to the protection of sensitive information and business secrets foreseen in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.
2023/11/14
Committee: ENVIIMCO
Amendment 697 #

2023/0085(COD)

Proposal for a directive
Article 11 b (new)
Article11b Presumption of conformity with the verification and certification requirement 1. For the purpose of this Directive, an explicit environmental claim shall be presumed to be in conformity with the substantiation requirement laid down in Article 3 of this Directive if it conforms to European standards, the references of which have been included in Annex I to this Directive. 2. The Commission may amend Annex I by adopting delegated acts determining standards and methodologies which cover certain environmental aspects, environmental performance or environmental impacts to ensure that explicit environmental claims which conform to those satisfy the substantiation requirement laid down in Article 3. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 18. 3. Explicit environmental claims in conformity with this Article are exempted from the preverification requirement laid down in Article 10. 4. However, the presumption of conformity with the general safety requirement under paragraph 1 shall not prevent market surveillance authorities from taking all appropriate measures under this Directive where there is evidence that, despite such presumption, the product is dangerous.
2023/11/14
Committee: ENVIIMCO
Amendment 713 #

2023/0085(COD)

Proposal for a directive
Article 12 a (new)
Article12a Presumption of conformity with substantiation requirement 1. For the purpose of this Directive, an explicit environmental claim shall be presumed to be in conformity with the substantiation requirement laid down in Article 3 of this Directive if it conforms to relevant standards or methodologies or parts thereof as far as the environmental aspect, the environmental performance or environmental impact covered by those standards are concerned, the references of which have been included in the database of recognised methodologies as set out in Article 10(9a). Explicit environmental claims in conformity with this Article are exempted from the pre-verification requirement laid down in Article 10. 2. The Commission may amend the database as set out in Article 10(9a) to include new standards and methodologies, which cover certain environmental aspects, environmental performance or environmental impacts to ensure that explicit environmental claims, which conform to those, satisfy the substantiation requirement laid down in Article 3. 3. Member States shall ensure that a trader communicating an explicit environmental claim in accordance with this Article shall draw up substantiation documentation outlining the conformity of the explicit environmental claim with this Article. 4. Member States shall ensure that the substantiation documentation referred to in paragraph 3 is up to date. Traders shall keep that documentation at the disposal of the market surveillance authorities for a period of 2 years after the product has been placed on the market and make that documentation available to those authorities upon reasoned request. 5. Member States shall ensure that traders put procedures in place for products produced in series and bearing the explicit environmental claim to remain in conformity with the substantiation requirement laid down in Article 3.
2023/11/14
Committee: ENVIIMCO
Amendment 727 #

2023/0085(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall notify the trader making the claim about the non- compliance and require that trader to take all appropriate corrective action within 30 dmeasures without undue delays to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.
2023/11/14
Committee: ENVIIMCO
Amendment 730 #

2023/0085(COD)

Proposal for a directive
Article 15 – paragraph 3 a (new)
3 a. Competent authorities shall immediately notify the competent authorities in other Member States with relevant information of the result of the checks and of the evaluation to enable them to establish a coordinated mechanism whereby the results of the evaluation pursuant Article 15(3) can be addressed throughout the whole Union.
2023/11/14
Committee: ENVIIMCO
Amendment 733 #

2023/0085(COD)

Proposal for a directive
Article 16 – paragraph 1
1. Natural or legal persons or organisations regarded under Union or national law as having a legitimate interest and fulfilling the conditions under Article 4(3) of Directive 2020/1828 shall be entitled to submit substantiated complaints to competent authorities when they deem, on the basis of objective circumstances, that a trader is failing to comply with the provisions of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 736 #

2023/0085(COD)

Proposal for a directive
Article 16 – paragraph 2
2. For the purposes of the first subparagraph, non-governmental entities or organisations promoting human health, environmental or consumer protection and meeting any requirements under national lawduly mandated by persons affected by the claims shall be deemed to have sufficient interest.
2023/11/14
Committee: ENVIIMCO
Amendment 740 #

2023/0085(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Competent authorities shall assess the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the person or organisation, or the verifier, with a view to verify those complaints. If confirmed and is attributed to the trader, the competent authorities shall take the necessary actions in accordance with Article 15.
2023/11/14
Committee: ENVIIMCO
Amendment 745 #

2023/0085(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC40114 , Member States, in close coordination, shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. _________________ 114 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
2023/11/14
Committee: ENVIIMCO
Amendment 764 #

2023/0085(COD)

Proposal for a directive
Article 17 – paragraph 3
3. Member States shall provide that penalties and measures for infringements of this Directive shall include: (a) fines which effectively deprive those responsible of the economic benefits derived from their infringements, and increasing the level of such fines for repeated infringements; (b) confiscation of revenues gained by the trader from a transaction with the relevant products concerned; (c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions. For the purposes of point (a), Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394115 , the maximum amount of such fines being at least at 4 % of the trader’s annual turnover in the Member State or Member States concerned. _________________ 115 OJ L 345, 27.12.2017, p. 1.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 773 #

2023/0085(COD)

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
For the purposes of point (a), Member States shall ensure that whenproportionate penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394115 , the maximum amount of such fines being at least at 4 % of the trader’s annual turnover in the Member State or Member States concerned. _________________ 115 OJ L 345, 27.12.2017, p. 1.
2023/11/14
Committee: ENVIIMCO
Amendment 782 #

2023/0085(COD)

Proposal for a directive
Article 18 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all relevant interested parties involved in the development of secondary legislation on explicit environmental claims, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups, Eco- labels and consumer organisations. These parties shall contribute, in particular, to preparing the Delegated Acts referred to in Article 3 (4).
2023/11/14
Committee: ENVIIMCO
Amendment 792 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 3 – point b
(b) facilitating transition towards toxic free environment by considering introducing a prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the society in line with the criteria to be developed by the Commission;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 800 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 3 – point c
(c) further harmonisation as regards requirements on the substantiation of specific environmental claims on environmental aspects or impacts such as durability, reusability, reparability, recyclability, recycled content, use of natural content, including fibers, environmental performance, renewability or sustainability, bio-based elements, biodegradability, biodiversity, waste prevention and reduction.
2023/11/14
Committee: ENVIIMCO
Amendment 802 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 3 a (new)
3 a. As part of the evaluation and review referred to in paragraph 1, and to ensure a level playing field among traders, the European Commission shall undertake an impact assessment of the measures established for micro, small and medium enterprises in Articles 4, 5, 10 and 12, and consider their review after the Directive is implemented.
2023/11/14
Committee: ENVIIMCO
Amendment 805 #

2023/0085(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [OP please insert the date = 1824 months after the date of entry into force of this Directive] the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those measures to the Commission.
2023/11/14
Committee: ENVIIMCO
Amendment 809 #

2023/0085(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive] to products, informational and packaging material placed on the market after this date.
2023/11/14
Committee: ENVIIMCO
Amendment 811 #

2023/0085(COD)

They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].
2023/11/14
Committee: ENVIIMCO
Amendment 820 #

2023/0085(COD)

Proposal for a directive
Article 25 – paragraph 1 a (new)
1 a. Products bearing environmental claims or environmental labels that were made or displayed before the application date of the Directive can continue to be marketed until the environmental claim or environmental label has been verified by the trader.
2023/11/14
Committee: ENVIIMCO
Amendment 97 #

2023/0083(COD)

Proposal for a directive
Recital 12
(12) Since the obligation to repair imposed on producers under this Directive covers defects that are not due to the non- conformity of the goods with a sales contract, producers may provide repair against a price paid by the consumer, against another kind of consideration, or for free. The charging of a price should encourage producers to develop sustainable business models, including the provision of repair services. Such a price may take into account, for instance, labour costs, costs for spare parts, costs for operating the repair facility and a customary margin. The price for and the conditions of repair should be agreed in a contract between the consumer and the producer and the consumer should remain free to decide whether that price and those conditions are acceptable. The need for such a contract and the competitive pressure from other repairers should encourage producers who are obliged to repair to keep the price acceptable for the consumer. The repair obligation may also be performed for free when the defect is covered by a commercial guarantee, for instance, in relation to guaranteed durability of goods. To incentivise consumers to have their product repaired outside of the legal guarantee, a producer may offer a loan of a replacement or refurbished good for the duration of the repair, which is expected to be returned once the consumer receives the repaired good.
2023/09/08
Committee: IMCO
Amendment 115 #

2023/0083(COD)

Proposal for a directive
Recital 15 a (new)
(15a) To ensure consumer protection and trust in repair, repairers should be liable for any repair they carry out, be it within or beyond the liability period.
2023/09/08
Committee: IMCO
Amendment 151 #

2023/0083(COD)

Proposal for a directive
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations and SME Standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers, and the special conditions and challenges for SMEs.
2023/09/08
Committee: IMCO
Amendment 171 #

2023/0083(COD)

Proposal for a directive
Recital 30
(30) In order to allow economic operators to adapt, transitional provisions concerning the application of some Articles of this Directive should be introduced. Thus, the obligations to repair and to provide related information on this obligation should apply to contracts for the provision of repair services after [2436 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [24 months after the entry into force] to ensure legal certainty and to provide sellers with sufficient time to adapt to the amended remedies of repair and replacement.
2023/09/08
Committee: IMCO
Amendment 173 #

2023/0083(COD)

Proposal for a directive
Recital 33 a (new)
(33a) Fostering reparability at EU level requires a smart mix of measures not exclusively rule-based. This Directive should be accompanied by other national initiatives to counter the skills shortage to ensure that reparability services within the European Union can be provided in the future.
2023/09/08
Committee: IMCO
Amendment 174 #

2023/0083(COD)

Proposal for a directive
Recital 33 b (new)
(33b) Additional incentives may be considered necessary, therefore Member States should explore measures such as lower VAT rates or reduced taxes on services and labour in order to further incentive customers to opt for a good being repaired instead of replaced. In addition, Member States should pay particular attention to micro, small and medium sized enterprises as their businesses are a vital part of the repair chain.
2023/09/08
Committee: IMCO
Amendment 175 #

2023/0083(COD)

Proposal for a directive
Recital 33 c (new)
(33c) Consumer behaviour is shaped by a wide variety of aspects. When choosing between repair and new purchase, decision criteria such as economic efficiency, durability, proximity of a repair service, and the time required play an important role. Besides the provisions laid out in this Directive, awareness- raising measures for a culture of repair, improving consumers’ knowledge about proper cleaning and care of products, and improving consumers’ knowledge about the existing rights in terms of legal guarantee should be strengthened to boost the demand for reparability services.
2023/09/08
Committee: IMCO
Amendment 176 #

2023/0083(COD)

Proposal for a directive
Recital 33 d (new)
(33d) This Directive should focus on the business to consumer dimension of the repairs, within the Union legal acts as listed in Annex II.
2023/09/08
Committee: IMCO
Amendment 177 #

2023/0083(COD)

Proposal for a directive
Recital 33 e (new)
(33e) Where the producer’s business has been terminated, the seller or distributor must not be made subsidiarily responsible for a repair obligation
2023/09/08
Committee: IMCO
Amendment 182 #

2023/0083(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
2. ‘repairer’ means any natural or legal person who, related to that person’s trade, business, craft or profession, provides a repair service, including producers and sellers that provide repair services and repair service providers whether independent repairers, professional repairers or affiliated with such producers or sellers;
2023/09/08
Committee: IMCO
Amendment 184 #

2023/0083(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
4. ‘producer’ means a manufacturer as defined in Article 2, point (42) of Regulation [on the Ecodesign for Sustainable Products]ny natural or legal person who manufactures a product or who has a product designed or manufactured, and markets that product under its name or trademark;
2023/09/08
Committee: IMCO
Amendment 188 #

2023/0083(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 10 a (new)
10a. ‘professional repairer’ means a natural or legal person who provides repair or maintenance services for a product, irrespective of whether that person acts within the manufacturer’s distribution system or independently;
2023/09/08
Committee: IMCO
Amendment 189 #

2023/0083(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 10 b (new)
10b. ‘repair’ means restoring a product’s performance, functionality and safety within the intended use, range of performance and maintenance originally conceived at the design stage.
2023/09/08
Committee: IMCO
Amendment 196 #

2023/0083(COD)

Proposal for a directive
Article 4
[...]deleted
2023/09/08
Committee: IMCO
Amendment 235 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a price or another kind of consideration, goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair is impossible. The producer may sub-contract repair in order to fulfil its obligation to repair. In such cases, the producer shall provide the repairer with all relevant information and specifications so that the repairer, at the request of the consumers, can actually provide the repair service.
2023/09/08
Committee: IMCO
Amendment 245 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 1 a (new)
1a. Producers shall be able to provide refurbished goods as an alternative to repair.
2023/09/08
Committee: IMCO
Amendment 249 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer.
2023/09/08
Committee: IMCO
Amendment 254 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Producers shall ensureallow that independent repairers have access to spare parts , notwithstanding any other product specific obligations, and repair-related information and tools in accordance with the Union legal acts listed in Annex II., without prejudice to the protection sensitive information and business secrets foreseen in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016;
2023/09/08
Committee: IMCO
Amendment 266 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 3 a (new)
3a. Consumers shall be able to seek quality and affordable repair from a repairer of their choice using either original, compatible or second-hand parts that comply with relevant EU standards and regulations.
2023/09/08
Committee: IMCO
Amendment 275 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts, following an impact assessment and consultation with relevant stakeholders, in accordance with Article 15 to amend Annex II by updating the list of Union legal acts laying down reparability requirements in the light of legislative developments.
2023/09/08
Committee: IMCO
Amendment 280 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 4 a (new)
4a. Producers shall not refuse to service or repair a device that was bought or previously repaired outside of their authorised service or distribution networks.
2023/09/08
Committee: IMCO
Amendment 285 #

2023/0083(COD)

Proposal for a directive
Article 7
Online platform for repair and goods 1. least one online platform exists for their territory that allows consumers to find repairers. That platform shall: (a) goods, location of repair services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards; (b) European Repair Information Form via the platform; (c) contact information and services by repairers; (d) adherence to applicable European or national quality standards; (e) national websites connected to the Single Digital Gateway established by Regulation (EU) 2018/1724. (f) ensure accessibility for persons with disabilities 2. the online platform also includes a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment. 3. platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers.Article 7 deleted subject to refurbishment Member States shall ensure that at include search functions regarding enable consumers to request the allow for regular updates of allow repairers to indicate their enable accessibility through Member States shall ensure that Registration on the online
2023/09/08
Committee: IMCO
Amendment 309 #

2023/0083(COD)

Proposal for a directive
Article 7 a (new)
Article 7a Measures to inform about consumers rights Member States shall take measures to ensure that consumers are informed about their consumer rights with regard to this Directive and may take measures that enable consumers to find relevant repairers, which can be done through, for example, the creation of an online platform, a dedicated information campaign, or any other means that the Member State deems appropriate. The creation of an online platform shall not impede the functioning of existing private repair platforms.
2023/09/08
Committee: IMCO
Amendment 316 #

2023/0083(COD)

Proposal for a directive
Article 8 a (new)
Article 8a Micro, small and medium sized enterprises Member States shall take appropriate measures to help small and medium sized enterprises within the meaning of the Commission recommendation 2003/361/EC apply the requirements set out in this Directive. Those measures shall at least include: guidelines on how to demonstrate compliance with the requirements set out in this Directive.
2023/09/08
Committee: IMCO
Amendment 317 #

2023/0083(COD)

Proposal for a directive
Article 8 b (new)
Article 8b Micro, small and medium sized enterprises Member States shall ensure that appropriate measures are taken to help micro, small and medium sized enterprises within the meaning of Commission Recommendation 2003/362/EC to apply the requirement set out in this Directive.
2023/09/08
Committee: IMCO
Amendment 348 #

2023/0083(COD)

Proposal for a directive
Article 12 – paragraph 1
Directive (EU) 2019/771
Article 13 (2)
InBy way of derogation from the first sentenceubparagraph of this paragraph, where the costs for replacement are equal to or greater than the costs for repair, the seller shall repair the goods in order to bring those goods in conformity. By way of derogation from the previous second subparagraph of this paragraph, producers shall be able to provide a refurbished good to a consumer as an alternative to repair. In such cases, consumers shall be clearly informed that a refurbished good is not the same as a replacement good.
2023/09/08
Committee: IMCO
Amendment 362 #

2023/0083(COD)

Proposal for a directive
Article 16 – paragraph 1
1. Article 5(1) and (2) and Article 6 of this Directive shall not apply to contracts for the provision of repair services concluded before [2436 months after the entry into force].
2023/09/08
Committee: IMCO
Amendment 365 #

2023/0083(COD)

Proposal for a directive
Article 16 – paragraph 2
2. Article 12 of this Directive shall not apply to sales contracts concluded before [2436 months after the entry into force]
2023/09/08
Committee: IMCO
Amendment 367 #

2023/0083(COD)

Proposal for a directive
Article 16 a (new)
Article 16a Evaluation By [5 years after the entry into force of this Directive], the Commission shall carry out an evaluation of this Directive and in particular assess its impact, on the proper functioning of the internal market, the level of consumer protection, its impact on businesses, particularly on micro, small and medium enterprises and the improvement of the sustainable consumption of products. The Commission shall draw up a report on its main findings and submit it to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.
2023/09/08
Committee: IMCO
Amendment 370 #

2023/0083(COD)

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [2436 months from the entry into force] at the latest. They shall immediately inform the Commission thereof.
2023/09/08
Committee: IMCO
Amendment 373 #

2023/0083(COD)

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 3
Member States shall apply those measures from [2436 months from the entry into force].
2023/09/08
Committee: IMCO
Amendment 3 #

2022/2199(INI)

Motion for a resolution
Citation 20 a (new)
— having regard to the final report of 26 July 2021 by the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Co- operation in Europe (OSCE) Election Observation Mission on the Republic of Albania’s parliamentary elections of 25 April 2021,
2023/04/03
Committee: AFET
Amendment 4 #

2022/2199(INI)

Motion for a resolution
Citation 27 a (new)
— having regard to the Commission communication of 14 April 2021 on the EU strategy to tackle organised crime 2021-2025 (COM(2021)0170),
2023/04/03
Committee: AFET
Amendment 5 #

2022/2199(INI)

Motion for a resolution
Citation 27 b (new)
— having regard to the Commission communication of 24 July 2020 entitled ‘2020-2025 EU action plan on firearms trafficking’ (COM(2020)0608),
2023/04/03
Committee: AFET
Amendment 28 #

2022/2199(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the EU remains fully committed to support Albania’s strategic choice for EU integration; whereas European integration represents the aspirations of Albanian citizens towards democracy and prosperity;
2023/04/03
Committee: AFET
Amendment 31 #

2022/2199(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas the prospect of Albania’s merit-based membership is in the Union’s own political, security and economic interests; whereas Albania’s EU accession depends on lasting, in-depth and irreversible reforms across fundamental areas, starting with the rule of law and the functioning of democratic institutions; whereas the quality of a country’s necessary reforms determine the timetable for accession;
2023/04/03
Committee: AFET
Amendment 41 #

2022/2199(INI)

Motion for a resolution
Recital D b (new)
Db. whereas electoral shortcomings persist in Albania; whereas the OSCE/ODIHR recommendations to further improve the conduct of elections in Albania and bring them fully in line with the OSCE commitments and other international obligations and standards have not yet been fully addressed;
2023/04/03
Committee: AFET
Amendment 51 #

2022/2199(INI)

Motion for a resolution
Recital F
F. whereas the EU remains the main political and economic partner of the Western Balkan countries; whereas the EU continues to be by far Albania’s biggest trade and investment partner and its largest provider of financial assistance;
2023/04/03
Committee: AFET
Amendment 64 #

2022/2199(INI)

Motion for a resolution
Paragraph 2
2. Stresses that the pace of EU accession is determined by the progress on the due functioning of all institutions and is grounded in the rule of law, good governance and fundamental rights; Encourages its policymakers to accelerate the reforms that enabled the first long overdue intergovernmental conference and a successful start to the screening process, and to demonstrate steady progress in guaranteeing democracy, the rule of law and fundamental rights; urges decision- makers to work jointly towards meeting the membership criteria by 2030as soon as possible; recalls that candidate countries undergo in-depth transformations to fulfil membership criteria during accession negotiations, which last as long as needed to implement the necessary reforms; stresses the need to strengthen the transparency, accountability and inclusiveness of the accession process, including its parliamentary dimension;
2023/04/03
Committee: AFET
Amendment 73 #

2022/2199(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Welcomes that the government maintained a focus on reforms related to the country’s EU path and reinforced its coordination structure for EU integration; stresses that the government, in cooperation with the opposition and all segments of society, needs to further advance the EU reform agenda;
2023/04/03
Committee: AFET
Amendment 89 #

2022/2199(INI)

Motion for a resolution
Paragraph 5
5. Deplores political confrontation and disruptive actions and underlines a joint political and social responsibility for reforms; invites political actors to step up their commitment to dialogue and to strengthen democratic institutions and procedures through constructive engagement, the active participation of civil society, inclusive consultations and transparent decision-making; recalls the need to strengthen parliamentary oversight and underlines that the political opposition needs to be able to monitor and scrutinize the government;
2023/04/03
Committee: AFET
Amendment 93 #

2022/2199(INI)

Motion for a resolution
Paragraph 6
6. Deplores that the impending electoral reform was not concluded before the local elections in 2023; Calls on the Albanian authorities to fully address the outstandingOSCE/ODIHR electoral and party financing recommendations well ahead of the 2025 parliamentary elections; stresses the need to prevent misuse of public administration/resources and vote- buying;
2023/04/03
Committee: AFET
Amendment 104 #

2022/2199(INI)

Motion for a resolution
Paragraph 8
8. Notes the ongoing progress and looks forward to systematic improvements in the prevention, proactive investigation and prosecution of and non-selective final convictions for cases involving corruption and organised crime; calls for further progress in establishing a comprehensive, efficient, soundly coordinated and accountable public administrationstresses that increasing the number of final convictions of high-level officials remains an important priority to tackle the existing culture of impunity; notes that there were no convictions of officials on high-level corruption charges;
2023/04/03
Committee: AFET
Amendment 110 #

2022/2199(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Welcomes the ongoing efforts that should lead to systemic improvements in tackling organised crime, including human trafficking and the trade of drugs and firearms, as well as combatting cybercrime, extremism and terrorist threats; commends the fruitful bilateral, regional and international cooperation on dismantling transnational crime networks, including with the EU Justice and Home Affairs agencies, such as Europol, Eurojust and Frontex, covering the intensified action against the production and organised trafficking of drugs, illegal weapons and people;
2023/04/03
Committee: AFET
Amendment 111 #

2022/2199(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Notes that Albania remains both a destination and a transit country for light firearms; expresses concern over the wide prevalence of firearms in Albania; stresses the need to counter the illicit trade in small arms and light weapons;
2023/04/03
Committee: AFET
Amendment 112 #

2022/2199(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Underlines that the contribution of Albania to the protection of the European Union’s external border is of crucial importance; stresses that border protection and the prevention of cross- border crime, notably human trafficking, must continue to be a priority;
2023/04/03
Committee: AFET
Amendment 131 #

2022/2199(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Recalls that infrastructure projects, including in and around the port of Durrës, must comply with EU standards on public procurement contained in the Stabilisation and Association Agreement;
2023/04/03
Committee: AFET
Amendment 133 #

2022/2199(INI)

Motion for a resolution
Paragraph 12
12. Condemns malign foreign interference and hybrid attacks, including disinformation, espionage, incitement to all forms of radicalisation and cyberattacks against Albanian citizens and critical infrastructure; invites the authorities to prevent data leaks by considerably strengthening cybersecurity; encourages the EU European External Action Service and Commission to further help boost Albania’s resilience against hybrid threats, in the area of cyber security, information manipulation and protection of critical infrastructures; stresses the need to improve coordination and address disinformation and hybrid threats that seek to undermine the EU perspective by more strategically underscoring the EU’s relevance to people in the Western Balkans;
2023/04/03
Committee: AFET
Amendment 160 #

2022/2199(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Welcomes that Albania submitted its first report on the implementation of the Council of Europe Convention on preventing and combating violence against women and domestic violence; reiterates the conclusions of the Committee of the Parties to the Istanbul Convention, stating the urgency of increasing resources to put legal provisions into practice; stresses that efforts are needed to increase women’s awareness of their rights and available services relating to domestic violence and protection;
2023/04/03
Committee: AFET
Amendment 165 #

2022/2199(INI)

Motion for a resolution
Paragraph 13 c (new)
13c. Underlines that child sexual abuse online remains a serious concern; notes that the efforts to detecting and retorting child sexual abuse material online needs to increase, and that existing laws prohibiting child pornography and the online sexual exploitation of children need to be properly enforced;
2023/04/03
Committee: AFET
Amendment 166 #

2022/2199(INI)

Motion for a resolution
Paragraph 13 d (new)
13d. Deplores that no progress was made on the rights of persons with disabilities and that Albania’s legislation on the rights of persons with disabilities remains only partially in compliance with the UN Convention on the Rights of Persons with Disabilities; calls on Albania to address the UNCRPD gaps and ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities; notes that the 2021-2025 national action plan for people with disabilities did not have enough funding, hence it could not be fully implemented; calls for more robust efforts to address discrimination and violence against persons with disabilities, to improve overall accessibility and to promote employment; expresses deep concern over the reports of limited access to voting for persons with disabilities;
2023/04/03
Committee: AFET
Amendment 167 #

2022/2199(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Regrets that no progress was made regarding freedom of expression, and the increase in disinformation including smear campaigns, intimidation and threats, especially in online media and against journalists reporting on rule of law, corruption and justice issues;
2023/04/03
Committee: AFET
Amendment 169 #

2022/2199(INI)

Motion for a resolution
Paragraph 14
14. Expresses its concern with the lack of progress on achieving institutional transparency, freedom of expression and media freedom and stresses the role of political leaders in creating an enabling environment for the pursuit of these freedoms; condemns attempts to discredit reporters and arbitrarily withhold public information, as well as the failure to ensure the safety of journalists; urges the authorities to take immediate action against political and economic interference in the media and intimidation against reporters; welcomes the withdrawal of the draft anti- defamation legisexpresses concern over enduring inflammatory rhetoric, including by high-level politicians, public officials and other public figures, which fuels the culture of intimidation, smear campaigns, violence and rioting, and calls for the final convictions of those who attack journalists to be ensured; urges the authorities to take immediate action against political and economic interference in the media and intimidation against reporters; welcomes the withdrawal of the draft anti- defamation legislation; stresses that that any revision of media laws should be in line with the Venice Commission recommendations and should take place in a transparent and inclusive manner, in consultation with media organisations, with the aim of improving media freedom and self-regulation; urges the government to ensure the independence of the public broadcaster and media regulator and the transparency of media ownership, financing and public advertising;
2023/04/03
Committee: AFET
Amendment 174 #

2022/2199(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Underlines the importance of journalists’ equal, direct and transparent access to information from government sources; in this regard, expresses concern over the need for all government public relations to be handled by the newly created Media and Information Agency; encourages the government to improve access to the reporting and scrutinising of its work via official and formal channels, such as press conferences and interviews;
2023/04/03
Committee: AFET
Amendment 211 #

2022/2199(INI)

Motion for a resolution
Paragraph 21
21. Welcomes steps in accelerating the energy transition and energy diversification towards wind and solar power; applauds, in this regard, the EU energy support package for the Western Balkans and calls on the authorities to make the best use of this assistance in order to build a resilient and environmentally friendly energy market; notes that no new energy efficiency funding mechanisms have been put in place;
2023/04/03
Committee: AFET
Amendment 14 #

2022/2171(INI)

Draft opinion
Recital A b (new)
A b. whereas women's leadership is central to the successful promotion of a circular economy;
2022/12/14
Committee: FEMM
Amendment 17 #

2022/2171(INI)

Draft opinion
Recital A c (new)
A c. Whereas the clothing sector employs in total over 1.1million workers across the EU in 130 000 companies out of which 99% are SMEs; whereas women represent 52% of the workforce in the textile sector, 79% in the clothing sector, and 58% in the leather and footwear sectors;
2022/12/14
Committee: FEMM
Amendment 23 #

2022/2171(INI)

Draft opinion
Recital B
B. whereas the textile industry is one of the most polluting industries2 ; whereas Europeans consume on average 26 kg of textiles per person per year - a significant share of these coming from third countries; whereas women and girls are frequently exposed to additional gender- specific factors and barriers that consistently render them more vulnerable to the impacts of climate change and disasters; _________________ 2 https://www.europarl.europa.eu/news/en/he adlines/society/20201208STO93327/the- impact-of-textile-production-and-waste-on- the-environment-infographic
2022/12/14
Committee: FEMM
Amendment 51 #

2022/2171(INI)

Draft opinion
Paragraph 1 c (new)
1 c. Welcomes the fact that the market of women’s vintage garments has been reinvigorated in recent years;
2022/12/14
Committee: FEMM
Amendment 74 #

2022/2171(INI)

Draft opinion
Paragraph 4
4. Welcomes the proposal for an ecodesign regulation covering textiles, the review of the Textile Labelling Regulation3 and the potential introduction of a mandatory disclosure of information; underlines that any potential introduction should commence with the largest companies within the Union; calls for thea phased inclusion of social and labour standards in both the proposed ecodesign regulation and under labelling requirements; _________________ 3 Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council. OJ L 272, 18.10.2011, p. 1.
2022/12/14
Committee: FEMM
Amendment 86 #

2022/2171(INI)

Draft opinion
Paragraph 5 – subparagraph 1 (new)
Calls on the Commission and the Member States to develop programmes to promote women entrepreneurship in the textile and garment industries, focusing on all aspects related to such industries, including the training, reskilling and upskilling of women of all ages involved;
2022/12/14
Committee: FEMM
Amendment 90 #

2022/2171(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Stresses the importance of safeguarding and preserving traditional craftsmanship, the most tangible manifestation of intangible cultural heritage, as well as establishing a gender lens to the historic role played by women in creating, maintaining and enhancing high-quality workmanship;
2022/12/14
Committee: FEMM
Amendment 92 #

2022/2171(INI)

Draft opinion
Paragraph 5 d (new)
5 d. Urges the Member States to employ existing funds to ensure financial instruments, skills and performance output through education, training and advisory services, as well as increased participation in local action groups to better guarantee the participation of women in entrepreneurship in the textiles and garment industry;
2022/12/14
Committee: FEMM
Amendment 93 #

2022/2171(INI)

Draft opinion
Paragraph 5 e (new)
5 e. Calls on the Commission and Member states to promote and encourage the exchange of knowledge and best practices between women entrepreneurs regarding the circularity and sustainability in the textile sector;
2022/12/14
Committee: FEMM
Amendment 94 #

2022/2171(INI)

Draft opinion
Paragraph 9 a (new)
9a. In order for textile recycling to increase, there must be financial incentives to recycle.
2022/12/16
Committee: IMCO
Amendment 95 #

2022/2171(INI)

Draft opinion
Paragraph 5 g (new)
5 g. Regrets that textile contact dermatitis is more common in women than in men, as the fashion created for women is notably tighter fitting and more colourful; reiterates that the risk of developing textile contact dermatitis is exacerbated by poor working conditions such as hot and humid enclosed spaces and represents a significant problem for workers within the industry; notes that the development of sustainable and circular products should take into account risks related to the health of those involved both in the production and the wearing of the final products;
2022/12/14
Committee: FEMM
Amendment 96 #

2022/2171(INI)

Draft opinion
Paragraph 5 h (new)
5 h. Welcomes the fact that there are successful examples of women in the textile industries creating a commercially viable product from by-products or waste products deriving from the food sector industries or other industries;
2022/12/14
Committee: FEMM
Amendment 97 #

2022/2171(INI)

Draft opinion
Paragraph 5 i (new)
5 i. Urges the Commission and Member states to develop strategies to ensure the commercial viability of eco- friendly products for women and girls; highlights the need for an overarching objective to reduce the cost of high- quality, durable and sustainable clothing and footwear so as to no longer be in a situation where bad quality and polluting clothing from third countries is the most viable, affordable option for women from disadvantaged economic backgrounds;
2022/12/14
Committee: FEMM
Amendment 97 #

2022/2171(INI)

Draft opinion
Paragraph 9 b (new)
9b. The Commission should create guidelines and support services to ensure that the bureaucracy resulting from this legislation does not become too burdensome, especially for SMEs;
2022/12/16
Committee: IMCO
Amendment 98 #

2022/2171(INI)

Draft opinion
Paragraph 5 j (new)
5 j. Recalls that in the textile industry nearly 75% of women are medium to highly educated; to that end, regrets that only 38% of women hold senior officials and managers positions within the textile industry;
2022/12/14
Committee: FEMM
Amendment 99 #

2022/2171(INI)

Draft opinion
Paragraph 9 c (new)
9c. The Digital Product Passport (DPP) must not become a costly and bureaucratic requirement that duplicates information requirements nor creates burdensome bureaucracy;
2022/12/16
Committee: IMCO
Amendment 101 #

2022/2171(INI)

Draft opinion
Paragraph 5 m (new)
5 m. Calls on the Commission to effectively communicate and promote through online platforms the significance of small, sustainable female-run textile- SMEs across the EU, giving them greater visibility and encouraging greater awareness of women’s eco-friendly entrepreneurship;
2022/12/14
Committee: FEMM
Amendment 101 #

2022/2171(INI)

Draft opinion
Paragraph 9 d (new)
9d. The new requirements will entail costs for the companies and each requirement must be weighed against the benefit it creates;
2022/12/16
Committee: IMCO
Amendment 102 #

2022/2171(INI)

Draft opinion
Paragraph 5 n (new)
5 n. recalls that one of the aims of the ‘EU strategy for textiles initiative’ is to set in place a comprehensive framework to create conditions and incentives to boost the competitiveness, sustainability and resilience of the EU textile sector; urges the Commission to ensure that this aim takes into consideration the pivotal role of women within the industry;
2022/12/14
Committee: FEMM
Amendment 103 #

2022/2171(INI)

Draft opinion
Paragraph 5 o (new)
5 o. Calls on Member States to promote STEAM learning to better ensure that women play a key role in all aspects of the textile industry, including the use of high- tech machinery often required during various manufacturing procedures and thereby serving to underline the link between women, technology and textiles;
2022/12/14
Committee: FEMM
Amendment 104 #

2022/2171(INI)

Draft opinion
Paragraph 5 p (new)
5 p. Calls on Member States to promote the economic independence of women seniors and recognise this as being another pivotal challenge for the coming years;
2022/12/14
Committee: FEMM
Amendment 244 #

2022/2140(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Underlines that new digital technologies, in particular AI, can greatly improve safety and security in the transport system. 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 public transport due to the experience of insecurity. Stresses, therefore, that the EU should create a strategy to increase the uptake of advanced AI surveillance systems, in order to prevent and combat gender based violence in public transport;
2023/03/29
Committee: FEMM
Amendment 247 #

2022/2140(INI)

Motion for a resolution
Paragraph 12 b (new)
12 b. Calls on the Member States, national authorities and transport agencies to devote attention to unsupervised spaces in the transport system which lack the physical presence of transport workers such as guards or conductors, and deploy safety buttons and advanced AI based surveillance systems, as a means to combat crime and improve the security and attractiveness, in particular for women, of the public transport system.
2023/03/29
Committee: FEMM
Amendment 61 #

2022/2139(INI)

Motion for a resolution
Recital C
C. whereas different regulatory measures in the Member States concerning prostitution have different effects on gender equality;
2023/02/10
Committee: FEMM
Amendment 64 #

2022/2139(INI)

Motion for a resolution
Recital C a (new)
C a. whereas Member States should ensure that when an offence is committed with the intention of earning profit or gain or that an offence actually brought profit or gain from the prostitution of another person (i.e. profiting from human trafficking) that this profit is considered to be an aggravating circumstance;
2023/02/10
Committee: FEMM
Amendment 68 #

2022/2139(INI)

Motion for a resolution
Recital C c (new)
C c. whereas street-based prostitution represents an environment which is devoid of humane conditions for women;
2023/02/10
Committee: FEMM
Amendment 94 #

2022/2139(INI)

Motion for a resolution
Recital F a (new)
F a. whereas prejudices and stereotypes block women from pursuing and realising their entrepreneurial ambitions, which serve to hold women back and force women into a poverty-stricken life through no wrong doing of their own;
2023/02/10
Committee: FEMM
Amendment 98 #

2022/2139(INI)

Motion for a resolution
Recital F b (new)
F b. whereas a holistic approach is needed to protect women in prostitution and put an end to the impunity of perpetrators;
2023/02/10
Committee: FEMM
Amendment 99 #

2022/2139(INI)

Motion for a resolution
Recital F c (new)
F c. whereas the most common and widespread form of human trafficking in the EU is that for the purpose of sexual exploitation; whereas 60% of victims of human trafficking in the EU are trafficked for sexual exploitation;
2023/02/10
Committee: FEMM
Amendment 101 #

2022/2139(INI)

Motion for a resolution
Recital F d (new)
F d. whereas there is an asymmetry between national prostitution legislation within the EU (with countries where prostitution is legal and countries where it is illegal and where the demand for prostitution is criminalised);
2023/02/10
Committee: FEMM
Amendment 110 #

2022/2139(INI)

Motion for a resolution
Recital G
G. whereas numerous factors cause people to enter prostitution, including poverty, social exclusion, drug-addiction and a migration background;
2023/02/10
Committee: FEMM
Amendment 113 #

2022/2139(INI)

Motion for a resolution
Recital G a (new)
G a. whereas we should take advantage of the opportunities offered by the free market economy, which promotes healthy competition and creates high growth and innovation, and in turn offers high- quality jobs as a viable option for those who want to leave;
2023/02/10
Committee: FEMM
Amendment 117 #

2022/2139(INI)

Motion for a resolution
Recital G b (new)
G b. whereas Ireland and New Zealand have similar populations but the amount of prostitutes working in Ireland is 5-8 times lower due to the introduction of the Nordic model;
2023/02/10
Committee: FEMM
Amendment 123 #

2022/2139(INI)

Motion for a resolution
Recital H
H. whereas prostitution has cross- border implications and affects women’s rights and gender equality; whereas in cross-border regions the systems should be coordinated to avoid hot spots in border regions; whereas the disparity of legislation on prostitution in the EU benefits traffickers and organised crime networks; whereas all Member States have a legal obligation to discourage and end human trafficking and organised crime;
2023/02/10
Committee: FEMM
Amendment 135 #

2022/2139(INI)

Motion for a resolution
Recital H b (new)
H b. whereas the fight against prostitution and trafficking can only be effective at saving women and girls when an approach which protects its victims and tackles the demand for prostitution is applied;
2023/02/10
Committee: FEMM
Amendment 136 #

2022/2139(INI)

Motion for a resolution
Recital H c (new)
H c. whereas Member States should promote prevention and rehabilitation programmes and broad, in-depth educational programmes against human trafficking and forced prostitution both in schools and in wider society and especially in the prostitute’s countr(ies) of origin; these programmes should include safe accommodation and secure care, adequate medical attention, psychological help (trauma therapy), education/training opportunities, support for reintegration into the wider economy, specialised help for women with addictions and specialised help for women with children;
2023/02/10
Committee: FEMM
Amendment 139 #

2022/2139(INI)

Motion for a resolution
Recital H d (new)
H d. whereas adolescents should receive thorough education concerning the methods employed by pimps to initiate interactions so that they are more alert, vigilant and better informed about the Loverboy tactics, online contact initiation and subsequent entrapment;
2023/02/10
Committee: FEMM
Amendment 140 #

2022/2139(INI)

Motion for a resolution
Recital H e (new)
H e. whereas prostitution is increasingly shifting into the virtual space, regardless of the legislation in force: whereas this relates not only to the recruitment and initiation “process”, but also to the way in which the sexual act itself takes place; whereas prostitution in the virtual space also has the same harmful effects on prostituted women as in the real world;
2023/02/10
Committee: FEMM
Amendment 142 #

2022/2139(INI)

Motion for a resolution
Recital H f (new)
H f. whereas Ursula Von Der Leyen has previously stated that prostitution is not a profession like any other and that exit should always be the goal;
2023/02/10
Committee: FEMM
Amendment 147 #

2022/2139(INI)

Motion for a resolution
Recital H h (new)
H h. whereas LGBTI prostitutes are subjected to discrimination and criminalisation as both LGBTI people and as prostitutes; whereas there is not equal access to preventative HIV medication, such as PREP and/or PEP drugs across the Union;
2023/02/10
Committee: FEMM
Amendment 151 #

2022/2139(INI)

Motion for a resolution
Recital H j (new)
H j. whereas poverty is the primary driving force behind women becoming prostitutes; whereas drug addiction is used as a means to lure and entrap victims into prostitution;
2023/02/10
Committee: FEMM
Amendment 152 #

2022/2139(INI)

Motion for a resolution
Recital H k (new)
H k. whereas access to health care services, including contraception is vital for prostitutes to maintain their health; recognises that in some Member States, such as Poland, access to such health care provisions has been severely restricted, causing undue stress and anxiety as well as adverse health effects for those who need it;
2023/02/10
Committee: FEMM
Amendment 161 #

2022/2139(INI)

Motion for a resolution
Paragraph 1
1. Notes that approaches to regulating prostitution vary across the EU and target three key components of this system: prostituted persons, the purchase of sex (i.e. demand), and pimping; stresses that the different laws have different effects on women in prostitution, their rights, women’s rights in general, gender equality, demand, societyal attitudes and neighbouring countries; Member States, as well as the ability for women to reintegrate into society;
2023/02/10
Committee: FEMM
Amendment 172 #

2022/2139(INI)

Motion for a resolution
Paragraph 2
2. Regrets the lack of reliable, accurate and comparable data across countrisome Member States apropos of trafficking, violence within forced prostitution, as well the success(es) of exit programmes;
2023/02/10
Committee: FEMM
Amendment 187 #

2022/2139(INI)

Motion for a resolution
Paragraph 5
5. Underlines that consent can only be given freely when there is no power imbalance between the people involved; notes, at the same time, that it can be extremely difficult for people to realise that they are victims, especially when they do not know their rights, and recalls the dynamics of an abusive relationship; underlines in addition that the voice of women should always be listened to and recalls the need for informative, respectful programmes so that women in prostitution are abreast of their rights and obligations;
2023/02/10
Committee: FEMM
Amendment 199 #

2022/2139(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Sresses that greater awareness is needed to better understand the increasingly shift of prostitution into the virtual space;
2023/02/10
Committee: FEMM
Amendment 208 #

2022/2139(INI)

Motion for a resolution
Paragraph 8
8. Condemns the fact that women in prostitution lack legal security because of their criminalisation, meaning they face the constant threat of police and judicial persecution, are subject to additional vulnerability and stigmatisation that negatively affect their physical and mental health, consequently experience difficulties in contacting support services and lack access to fundamental rights; deplores the fact that, at the same time, abusive and other non-law abiding clients, brothel owners and human traffickers often remain unpunished; calls on the relevant authorities within Member States to increase their efforts to end the impunity for those who commit forced prostitution;
2023/02/10
Committee: FEMM
Amendment 239 #

2022/2139(INI)

Motion for a resolution
Paragraph 11
11. Notes that prostitution and trafficking for sexual exploitation only exist because there is a demand for them; recognises that any service based economy works on the concept of supply and demand but that through the promotion of a strong, competitive and free market European economy fewer women will enter prostitution as a last resort to provide for their families;
2023/02/10
Committee: FEMM
Amendment 257 #

2022/2139(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Stresses that the legalisation of selling sex (as is the case in the Nordic model) is the only way prostitutes can build trust in law enforcement and other help services;
2023/02/10
Committee: FEMM
Amendment 265 #

2022/2139(INI)

Motion for a resolution
Paragraph 13
13. Is concerned that the legalisation of prostitution promotes legal structures behind which traffickers can hide; therefore calls on the Member States to ensure that existing legislation and regulations are properly assessed so as to avoid any loopholes which allow criminals to act with impunity;
2023/02/10
Committee: FEMM
Amendment 276 #

2022/2139(INI)

Motion for a resolution
Paragraph 14
14. Stresses that human trafficking for the purpose of sexual exploitation is increasing due to high demand; points out that this is particularly visible in countries with a liberal regulatory model, whereas countriesin some Member States such as Ireland that follow approaches like the Nordic/Equality model are no longer big markets for human trafficking for that purpose;
2023/02/10
Committee: FEMM
Amendment 288 #

2022/2139(INI)

Motion for a resolution
Paragraph 15
15. Notes that the different approaches to regulation in the EU have different effects and that women in prostitution have different rights and protections in different EU Member States; underlines that, on average, 70 % of the individuals in prostitution in the EU are migrant women and that trafficking for the purpose of sexual exploitation mostly affects women and girls coming from the east of the European Union;
2023/02/10
Committee: FEMM
Amendment 290 #

2022/2139(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Recalls that women in the LGB and Transgender communities, including prostitutes themselves must be meaningfully involved and included in the development of national prostitution policies and wider European discussions;
2023/02/10
Committee: FEMM
Amendment 292 #

2022/2139(INI)

Motion for a resolution
Paragraph 16
16. Recalls that the prostitution market and its actors operate across borders; Stresses that the divergent rules mean that some EU Member States have more victims of trafficking in human beings than others and that free movement within the EU helps to move people from one market to the next; calls Member States and the Commission to coordinate a pan- European approach and equal standards and possibilities of prosecution for those involved in prosecution;
2023/02/10
Committee: FEMM
Amendment 304 #

2022/2139(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Calls on EIGE to put together an analysis of how AI could serve to protect prostitutes from vulnerable and potentially dangerous situations; highlights the need for privacy for all parties when in compliance of the law but underlines as well that when used efficiently AI can both protect peoples’ identities and create a safe, managed place in which women can operate;
2023/02/10
Committee: FEMM
Amendment 308 #

2022/2139(INI)

Motion for a resolution
Paragraph 17 b (new)
17 b. Calls on Member States to promote STEM learning so that girls can play an active role in in developing technology for women’s needs;
2023/02/10
Committee: FEMM
Amendment 309 #

2022/2139(INI)

Motion for a resolution
Paragraph 18
18. Stresses the different effects of different regulatory measures on men, young people and society as a whole; highlights that there appears to have been a significant and positive shift in attitudes among boys and men in Sweden after the introduction of the Nordic model, whereby women are seen less as objects to satisfy man’s sexual desire but instead as victims of exploitation; whereby this dissuades them from purchasing sex;
2023/02/10
Committee: FEMM
Amendment 317 #

2022/2139(INI)

Motion for a resolution
Paragraph 19
19. Underlines the Member States’ obligation to protect women’s rights and physical integrity and promote gender equality, and highlights the EU’s role in doing this within the international community and in creating equal protection and equal rights across Member States; calls on all remaining Member States to ratify the Istanbul convention as soon as possible;
2023/02/10
Committee: FEMM
Amendment 320 #

2022/2139(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Calls on the Member States to ensure adequate provision of contraception as a means of preventing sexually transmitted infections as well as unwanted pregnancies for prostitutes; calls particularly on the government of Poland to ease the restrictions of contraception, especially emergency contraception;
2023/02/10
Committee: FEMM
Amendment 337 #

2022/2139(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Stresses the need for exit programmes to facilitate, where possible, women’s access to training, jobs and credit from, for example, women venture capitalists, business angels and investors; underlines the need for women role models, founders and owners of private companies and start-ups to help support former and practicing prostitutes realise their entrepreneurial potential;
2023/02/10
Committee: FEMM
Amendment 341 #

2022/2139(INI)

20 b. Urges Member States to introduce rehabilitation programmes that include safe accommodation and secure care, medical help, psychological help (trauma therapy), specialised help for women with addictions and specialised help for women with children;
2023/02/10
Committee: FEMM
Amendment 342 #

2022/2139(INI)

Motion for a resolution
Paragraph 20 c (new)
20 c. Calls for adequate protections for LGBTI prostitutes who have reported facing discrimination, humiliation and denial of services from healthcare workers, either based on their sexual orientation, gender identity, or any combination of these; recalls that the denial of services based on the grounds of their sexual orientation is a breach of the European charter of fundamental rights; calls for better access to PREP and PEP medication as well as awareness about when and where they are available;
2023/02/10
Committee: FEMM
Amendment 361 #

2022/2139(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Member States for specific measures to assist women in prostitution with their social and professional reintegration; calls for such exit programmes to work gradually, for women to be supported on their personal paths and for people’s potential to be recognised, with and professional training and further education programmes being adapted to take account of this;
2023/02/10
Committee: FEMM
Amendment 364 #

2022/2139(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Recalls the highly successful RUPS exit programme in the Netherlands where any prostitute can go to for help, guidance and support irrespective of whether they work in a sex club, via the internet, in the street or in any other way;
2023/02/10
Committee: FEMM
Amendment 368 #

2022/2139(INI)

Motion for a resolution
Paragraph 23 b (new)
23 b. Underlines that a successful exit programme must be one which is readily accessible and able to help women who have psychological problems, those who fail to master the Member State’s language, those who have experiences of duress and exploitation, as well as those with a history of addictions;
2023/02/10
Committee: FEMM
Amendment 369 #

2022/2139(INI)

Motion for a resolution
Paragraph 23 c (new)
23 c. Notes that exit programmes for women seeking to leave prostitution are best able to help women and girls in a free market economy that is high growth and in turn able to provide women and girls with good quality, well-paying jobs that represents a viable alternative to prostitution;
2023/02/10
Committee: FEMM
Amendment 370 #

2022/2139(INI)

Motion for a resolution
Paragraph 23 d (new)
23 d. Underscores that obstacles to growth in the economy will not deter women and girls from entering prostitution but instead increase it through a lack of opportunities in the wider economy;
2023/02/10
Committee: FEMM
Amendment 382 #

2022/2139(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Recalls the need for informed decisions to be taken before wide sweeping conclusions can be drawn; highlights that while there is no one single Nordic model applied in the same way within the Union, the implementation of the Nordic model continues to take place; underlines that when implementing the Nordic model, Member States should take advantage of best practices employed in other Member States;
2023/02/10
Committee: FEMM
Amendment 386 #

2022/2139(INI)

Motion for a resolution
Paragraph 24 c (new)
24 c. Urges Member Stares to take a holistic approach to better protect women in prostitution and to that end urges them to introduce the Nordic model in a way that proactively incorporates the positive aspects of regulated prostitution;
2023/02/10
Committee: FEMM
Amendment 6 #

2022/2050(INI)

Draft opinion
Recital A a (new)
A a. whereas focus should be directed towards the situation of women and girls in conflict-affected areas, and most particularly the consequences of the use of rape as a weapon of war or other forms of violence against women that are among the gravest effects on women in conflict- affected areas;
2022/09/15
Committee: FEMM
Amendment 8 #

2022/2050(INI)

Draft opinion
Recital A b (new)
A b. whereas women face multiple difficulties in conflict-affected areas, such as negative effects on their livelihood, lack of infrastructure and difficult circumstances to care for their home, children and other family members in situations where the care responsibility still often falls on women;
2022/09/15
Committee: FEMM
Amendment 12 #

2022/2050(INI)

Draft opinion
Recital B
B. whereas the participation of women in peacekeeping and military operations improves outcomes2 and needs to be substantially encouraged and strengthened; _________________ 2 https://giwps.georgetown.edu/wp- content/uploads/2021/05/Gendered- Impacts-on-Operational-Effectiveness-of- UN-Peace-Operations.pdf
2022/09/15
Committee: FEMM
Amendment 15 #

2022/2050(INI)

Draft opinion
Recital B a (new)
B a. whereas Russia's unprovoked and unjustified war of aggression against Ukraine has shown that a strong military capability is necessary to defend peace and freedom in Europe;
2022/09/15
Committee: FEMM
Amendment 16 #

2022/2050(INI)

Draft opinion
Recital B a (new)
B a. whereas the Gender Action Plan III plans, within its implementation plan, an enhanced participation of women in CSDP missions and operations;
2022/09/15
Committee: FEMM
Amendment 20 #

2022/2050(INI)

Draft opinion
Recital B b (new)
B b. whereas it is important to make better use of women's capacities to fully achieve a strong and resilient military capability;
2022/09/15
Committee: FEMM
Amendment 26 #

2022/2050(INI)

Draft opinion
Paragraph 1
1. Stresses that the unjustified Russian invasion of Ukraine underlines amongst others the unequivocal need for security and defence measures to be gender-responsive;
2022/09/15
Committee: FEMM
Amendment 29 #

2022/2050(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Condemns all kinds of targeted violence against women and girls in situations of armed conflict; calls for decisive action to put an end to sexual violence as a weapon of war, to protect and help victims and increase their access to justice;
2022/09/15
Committee: FEMM
Amendment 36 #

2022/2050(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Welcomes the EEAS working document ‘Strategy andAction Plan to Enhance Women’s Participation in Civilian CSDP Missions2021-2024’3a and the vision expressed within; _________________ 3a https://www.eeas.europa.eu/sites/default/fi les/documents/Strategy%20and%20Action %20Plan%20to%20Enhance%20Women %20Participation%20in%20Civ- CSDP%20missions.pdf
2022/09/15
Committee: FEMM
Amendment 38 #

2022/2050(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Underlines the need to end the victimisation of women in conflicts, and instead put them at the core and ensure their participation in peacekeeping, prevention of conflicts, military operations, peace negotiations and rebuilding of societies after conflicts;
2022/09/15
Committee: FEMM
Amendment 54 #

2022/2050(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Recalls the importance of the Civilian CSDP missions and their added value founded on the expertise in different specialised sectors;
2022/09/15
Committee: FEMM
Amendment 61 #

2022/2050(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Notes that gender equality in members states defence forces is a prerequisite for gender equality in CSDP missions; Emphasizes that women should have the same opportunities as men to pursue a career in national defence forces; Encourages member states to reduce career barriers for women within the defence forces while ensuring that a high quality of staff recruitment is maintained;
2022/09/15
Committee: FEMM
Amendment 63 #

2022/2050(INI)

5 b. Underlines the importance of a strong EU military capability to act and defend EU values as democracy, freedom, human rights, rule of law and human dignity; Considers that women's participation represents a great opportunity to increase that capability;
2022/09/15
Committee: FEMM
Amendment 71 #

2022/2050(INI)

Draft opinion
Paragraph 6
6. Calls for ring-fencing of funding for adequate gender-related actions within the CSDP.
2022/09/15
Committee: FEMM
Amendment 73 #

2022/2050(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Calls for further support of security and defence policy research and analysis conducted by female scholars and researchers;
2022/09/15
Committee: FEMM
Amendment 30 #

2022/2049(INI)

Draft opinion
Recital M (new)
M. whereas the lack of women involved in the development and implementation of artificial intelligence (AI) represents an untapped catalyst for technological advancement; whereas scientific education such as STEM subjects is important for obtaining skills, decent work and the jobs of the future, as well as for breaking down gender stereotypes and biases that unjustly regard these as typically masculine fields;
2022/10/05
Committee: FEMM
Amendment 33 #

2022/2049(INI)

Draft opinion
Recital P (new)
P. whereas there has been a regrettable backsliding for women’s access to safe and legal abortions in some Member States; whereas access to SRHR, including safe and legal abortion, is a human right;
2022/10/05
Committee: FEMM
Amendment 36 #

2022/2049(INI)

Draft opinion
Recital S (new)
S. whereas 1 in 3 women have been subjected to either physical and/or sexual intimate partner violence or non-partner sexual violence in their lifetime;
2022/10/05
Committee: FEMM
Amendment 37 #

2022/2049(INI)

Draft opinion
Recital T (new)
T. whereas women’s and girls’ rights are still not adequately safeguarded in many parts of the world and the role for civil society, in particular women’s rights organisations, is becoming increasingly under threat in many countries;
2022/10/05
Committee: FEMM
Amendment 38 #

2022/2049(INI)

Draft opinion
Paragraph 1
1. Stresses the importance of advancing women’s rights and equality of opportunity between men and women worldwide, which are crucial to the realisation of human rights; emphasises that, in spite of progress, women and girls continue to suffer from discrimination and violence, especially in countries under strict Islamic regimes, and that such societies fail to provide them with equal rights under the law and equal access to education, healthcare, decent work and political and economic representation;deleted
2022/10/05
Committee: FEMM
Amendment 46 #

2022/2049(INI)

Draft opinion
Paragraph 2
2. Condemns all violence against women and children and notes the alarming increase in such violence worldwide, in particular during the COVID-19 crisis; welcomes the EU’s efforts, alongside those of its international partners, aimed at eliminating all forms of violence against women and children;deleted
2022/10/05
Committee: FEMM
Amendment 54 #

2022/2049(INI)

Draft opinion
Paragraph 3
3. Calls on global actors to take all necessary legislative and administrative steps and measures to promote a culture of acceptance, mutual respect and human dignity for men and women at all stages of development and aging;deleted
2022/10/05
Committee: FEMM
Amendment 67 #

2022/2049(INI)

Draft opinion
Paragraph 4
4. Calls on global actors and the Member States to forcefully tackle the plight of women and girls throughout the world who are subjected to human trafficking and sexual exploitation; supports efforts to rescue and rehabilitate victims and to rigorously prosecute and reform male and female offenders, including by dismantling criminal gangs who prey on those duped into taking deadly journeys to enter the EU illegally;deleted
2022/10/05
Committee: FEMM
Amendment 79 #

2022/2049(INI)

Draft opinion
Paragraph 5
5. Calls on the Member States to promote healthcare practices that benefit women and girls at all stages of development and aging;deleted
2022/10/05
Committee: FEMM
Amendment 97 #

2022/2049(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission to continue its efforts in its new EU action plan on human rights and democracy 2020-2024 to protect and empower women and girls by going beyond stereotypes; stresses that these efforts must, to the extent possible, be made while fully respecting the right of peoples to self- determination, as enshrined in Article 1 of the International Covenant on Civil and Political Rights.deleted
2022/10/05
Committee: FEMM
Amendment 111 #

2022/2049(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Calls on the Council and the Commission to ensure the full integration of the convention into the future EU directive on combatting gender-based violence;
2022/10/05
Committee: FEMM
Amendment 115 #

2022/2049(INI)

Draft opinion
Paragraph 6 c (new)
6 c. Condemns all forms of female genital mutilation, forced and underage marriage, trafficking, “honour” violence and “honour” killings; calls for the EU and global actors to specifically target these issues;
2022/10/05
Committee: FEMM
Amendment 116 #

2022/2049(INI)

Draft opinion
Paragraph 6 d (new)
6 d. Condemns all kinds of targeted violence against women and girls in situations of armed conflict; reiterates UN Security Council Resolution 1820 (2008) stating that rape and other forms of sexual violence constitute crimes against humanity or war crimes;
2022/10/05
Committee: FEMM
Amendment 121 #

2022/2049(INI)

Draft opinion
Paragraph 6 e (new)
6 e. Calls on Member States and the European Commission to facilitate better cross-border communication and training to ensure a more efficient targeting of human traffickers who use borders as loopholes to further exploit their victims, the overwhelming majority of whom are women; notes that this has become even more relevant in the aftermath of Russia's unprovoked and unjustified war of aggression against Ukraine;
2022/10/05
Committee: FEMM
Amendment 122 #

2022/2049(INI)

Draft opinion
Paragraph 6 f (new)
6 f. Calls on the EU to ensure the integration of a gender perspective in Russia's unprovoked and unjustified war of aggression against Ukraine, increasing the role of women in humanitarian aid and post-conflict reconstruction operations, transitional justice and the promotion of human rights; also calls for the EU to address trafficking and sexual and gender-based violence, and ensure sustained access to essential and life- saving health services in Ukraine;
2022/10/05
Committee: FEMM
Amendment 127 #

2022/2049(INI)

Draft opinion
Paragraph 6 g (new)
6 g. Calls for Russia to be held accountable for all breaches of human rights against women and girls, including but not limited to, all accounts of sexual violence and rape; calls for decisive action to put an end to sexual violence as a weapon of war, to protect and help victims and increase their access to justice;
2022/10/05
Committee: FEMM
Amendment 129 #

2022/2049(INI)

Draft opinion
Paragraph 6 h (new)
6 h. Calls on all remaining Member States to fully ratify the Istanbul convention which represents a key means of forging a Europe which confronts and tackles all forms of gender-based violence and offers prevention mechanisms to reduce the number of future victims; calls on the Council to conclude the EU’s accession to the Istanbul Convention without delay;
2022/10/05
Committee: FEMM
Amendment 133 #

2022/2049(INI)

Draft opinion
Paragraph 6 i (new)
6 i. Encourages non-EU states to ratify the Istanbul Convention, improve women’s rights and strongly fight against all forms of gender-based violence;
2022/10/05
Committee: FEMM
Amendment 138 #

2022/2049(INI)

Draft opinion
Paragraph 6 k (new)
6 k. Stresses that gender equality is a core value of the EU and one of its common and fundamental principles;
2022/10/05
Committee: FEMM
Amendment 139 #

2022/2049(INI)

Draft opinion
Paragraph 6 l (new)
6 l. Calls on Member States to encourage greater participation of women in their respective democratic systems to tackle the discrepancy in the representation of women in democratic decision-making, with Sweden performing the best with over 46% elected women and Hungary the worst with just 14%; regrets in particular the lack of gender equality at a leadership level; therefore calls on the EU and other countries to strengthen its commitment to facilitate better participation of women in decision making in politics, business and civil society;
2022/10/05
Committee: FEMM
Amendment 142 #

2022/2049(INI)

Draft opinion
Paragraph 6 m (new)
6 m. Regrets the backsliding in the rights for LGBTI women in some Member States, such as Poland, who face increasing barriers and hostility to living a life free from discrimination; Recall’s Ursula Von Der Leyen’s 2020 State of the Union speech where she declares that "LGBTI-free zones are humanity free zones. And they have no place in our Union.";
2022/10/05
Committee: FEMM
Amendment 145 #

2022/2049(INI)

Draft opinion
Paragraph 6 n (new)
6 n. Condemns all forms of violence against LGBTI+ people across the EU and wider world; Calls on the EU and the Member States to up its efforts to combat violence, discrimination and stigmatisation against LGBTI+ citizens;
2022/10/05
Committee: FEMM
Amendment 146 #

2022/2049(INI)

Draft opinion
Paragraph 6 p (new)
6 p. Calls for the EU and the Member States to promote gender equality and SRHR in all their external actions, including in multilateral and bilateral forums;
2022/10/05
Committee: FEMM
Amendment 147 #

2022/2049(INI)

Draft opinion
Paragraph 6 r (new)
6 r. Calls on the EU to promote equal opportunities to access education around the world; Strongly urges the EU, including European External Action Service (EEAS), to counteract the appalling denial of girls’ education which represents a contravening of children’s human rights; recalls the particular significance of girls’ education in the aftermath of the Taliban’s takeover of Afghanistan;
2022/10/05
Committee: FEMM
Amendment 148 #

2022/2049(INI)

6 s. Calls on Member States to promote and encourage STEM learning from an early age to ensure that girls and women are not at an unfair disadvantage when later seeking employment in the scientific and technical sectors; recalls that equal opportunity to access the fields of science and technology are a prerequisite to ensure that women and girls can fully enjoy their human rights;
2022/10/05
Committee: FEMM
Amendment 61 #

2022/2048(INI)

Motion for a resolution
Paragraph 1
1. Points out that the EU’s response to the Russian war of aggression against Ukraine is a test of the effectiveness of the EU’s foreign, security and defence policy and of its role as a credible foreign policy player, a reliable international partner and a credible security and defence actor; underlines that in order to be a credible actor, the EU and its Member States need to increase its military, political and humanitarian assistance to Ukraine and strengthen its defence in countering Russian threats to European security;
2022/10/24
Committee: AFET
Amendment 154 #

2022/2048(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Welcomes the plans to include corruption in the EU sanctions toolbox and calls for further measures to strengthen the monitoring and compliance with existing EU sanctions;
2022/10/24
Committee: AFET
Amendment 180 #

2022/2048(INI)

Motion for a resolution
Paragraph 7
7. Underlines that the Russian war of aggression against Ukraine and the grave and massive violation of human rights and the fundamental norms of international law have highlighted the need for stronger, more ambitious, credible, strategic and unified EU action on the world stage, and accentuated the necessity for the EU to autonomously set its own strategic objectives and develop the capabilities to pursue them, while acting in close cooperation with likeminded partners;
2022/10/24
Committee: AFET
Amendment 214 #

2022/2048(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the swift use of the European Peace Facility to support Ukraine, improve its ability to act and build on the European Peace Facility support already delivered to Ukraine, including through the Clearing House Cell; underlines the need to ensure sufficient funding and to maintain its support to Ukraine through the use of the European Peace Facility;
2022/10/24
Committee: AFET
Amendment 227 #

2022/2048(INI)

Motion for a resolution
Paragraph 11
11. Underlines the importance of stepping up the EU’s efforts, in cooperation with NATO and other international partners, to address hybrid threats, cyberattacks, disinformation and propaganda campaigns; highlights the need to monitor and protect core critical infrastructure, including submarine cable infrastructure;
2022/10/24
Committee: AFET
Amendment 333 #

2022/2048(INI)

Motion for a resolution
Paragraph 18
18. Underlines that the EU is committed to a free, open and rules-based Indo-Pacific region; reiterates that the EU’s new Indo-Pacific Strategy needs to be implemented swiftly, as it offers our partners in the region an opportunity to address the common challenges together, to defend the rules-based international order and to stand up for the values and principles we share; underlines the importance of respecting free and open maritime routes in the Indo-Pacific, in accordance with the UNCLOS; opposes unilateral actions in the South China Sea and reiterates its support for resolving disputes through peaceful means in accordance with international law;
2022/10/24
Committee: AFET
Amendment 343 #

2022/2048(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls for enhanced cooperation with likeminded partners in the Indo- Pacific region; in this regard, also supports the conclusion of a balanced agreement with Australia;
2022/10/24
Committee: AFET
Amendment 358 #

2022/2048(INI)

Motion for a resolution
Paragraph 22
22. Acknowledges that the Russian war of aggression against Ukraine is having a negative impact on the Eastern Partnership countries first and foremost; calls for the EU institutions and the Member States to engage in a thorough reflection on a reform of the Eastern Partnership policy on the basis of the strategic and political importance of the region to the EU and of the varying challenges between Eastern Partnership countries; notes that security and peace in the Eastern neighbourhood presupposes the upholding of international law, territorial integrity and fundamental rights and freedoms;
2022/10/24
Committee: AFET
Amendment 476 #

2022/2048(INI)

Motion for a resolution
Paragraph 29
29. Calls on the international community to mitigate as much as possible the negative spillover of the consequences of the Russian war of aggression against Ukraine on the Arctic, the peaceful conservation of which should remain a prioritywhere the preservation of peace, prosperity and stability should remain a priority; expresses its concern of Russian military activities in the Arctic and its changing security landscape and reaffirms the strategic importance of the Arctic;
2022/10/24
Committee: AFET
Amendment 2 #

2022/2008(INI)

Draft opinion
Paragraph 1
1. RHighlights that the policies for industry, trade, competition and the single market should be considered in a holistic way within the industrial strategy, which should have the ecosystems at the core, should aim at aligning the different instruments and be fully integrated with the existing initiatives; recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19 and to boost the recovery of the single market, and that this strategy will be key to enhancing EU competitiveness and overcoming future challenges; recalls that a strong governance system and market surveillance are essential in order to relaunch the single market, which is the EU greatest asset; calls on the Commission to focus on ensuring that the industrial strategy helps remove single market barriers and, avoid further fragmentation and diverging national approaches;
2022/04/06
Committee: IMCO
Amendment 10 #

2022/2008(INI)

Draft opinion
Paragraph 1 a (new)
1a. Reminds that the industrial strategy must be coherent and transversal, safeguard and favour industrial competitiveness in all areas of European policy, namely energy, environment, innovation, circular economy, digitalization but also the labour market, international trade and competition; underlines, to this end, that is necessary to pay attention not to implement too prescriptive policies, having the risk of creating market and competition distortions and of picking up winners;
2022/04/06
Committee: IMCO
Amendment 20 #

2022/2008(INI)

Draft opinion
Paragraph 2
2. Acknowledges the European standardisation strategy and underlines that standards are essential for a well- functioning single market, global competitiveness and the green and digital transitionsthe safety of products, global competitiveness, the green and digital transitions and ultimately European society at large; stresses that is crucial that the strategy continues to attract the best experts, boosts a more coordinated approach in terms of international standards setting and that strategic objectives are discussed and agreed with the active participation of all stakeholders involved, including the research community; underlines the need to develop tools to monitor standards in order to support SMEs and microenterprises to identify those that are particularly relevant for them;
2022/04/06
Committee: IMCO
Amendment 28 #

2022/2008(INI)

Draft opinion
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs, microenterprises and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that an effective, open, fair and cooperative public procurement framework will lead to more jobs, growth and innovative investments; reminds the importance of the guidelines developed by the Commission that give practical indications about how Member States should include performance goals and quality criteria, such as the Most Economic Advantageous Tender (MEAT) one, in the contracts awarded through public procurement and how to better involve a plurality of manufacturers, including SMEs and microenterprises;
2022/04/06
Committee: IMCO
Amendment 37 #

2022/2008(INI)

Draft opinion
Paragraph 3 a (new)
3a. Recalls the importance of effective and sustainable public procurement practices, especially in the context of the health ecosystem; urges the Commission to support Member States in the development of targeted rules, regarding the joint procurement of essential goods such as medicines, aiming to ensure long- term sustainability, security of supply, fair competition and investments in manufacturing capabilities;
2022/04/06
Committee: IMCO
Amendment 51 #

2022/2008(INI)

Draft opinion
Paragraph 4 b (new)
4b. Calls on the Commission and the Member States to strive for an open strategic autonomy and stresses that to achieve this objective they should in particular: - relaunch the single market strategy in order to de-fragmentise regulatory approaches, de-regulate where necessary, de-bureaucratise public administrations and business’ life, overcome existing barriers to investments, in order to reduce regulatory compliance costs, award competition and favour market-led innovation; - develop concrete actions to support Member States to bridge the lack of skills and to re-balance within the single market the drain of talents, technological experts and know-how; - develop a European Innovation Area able to turn scientific results into commercial products, supporting startups and SMEs and retaining businesses within the Union's single market; - implement a strategy on critical raw materials and resources needed for the key enabling technologies, the digitalisation and the green transition; - improve research, innovation and technological development funding, not only from the private sector but also from government-led policies, including in the form of public-private ventures.
2022/04/06
Committee: IMCO
Amendment 57 #

2022/2008(INI)

Draft opinion
Paragraph 5
5. Recalls the commitments to increase R&D investments to 3 % of GDP and to develop a single market for research and innovation; underlines that industrial alliances and public-private partnerships are important to develop breakthrough technologies also aiming at closing carbon loops across the value chains of energy intensive industries by reusing and recycling resources; calls on the Commission to ensure consistency and synergy in all initiatives, funding and regulatory instruments supporting industry, SMEs and microenterprises;
2022/04/06
Committee: IMCO
Amendment 67 #

2022/2008(INI)

Draft opinion
Paragraph 6
6. Recalls that in addition to vertical ecosystems, there is a need to have horizontal approaches, such as on enabling technologies, and that the digital ecosystem must be integrated with all other industrial ecosystems horizontally.; stresses the importance of the Industrial Forum established by the Industrial Strategy and notes that among the five task forces that were created, one is directly relevant for the single market and analyses the horizontal aspects of the single market and the removal of the barriers, and another one has a specific focus on advanced manufacturing as an horizontal enabler for a wide range of ecosystems; underlines the massive investment gap existing in the technology industries enabling the digital transformation of our society and reiterates the need to strengthen investments in digital technologies; calls on the Commission, as well as the Member States, to fully support such a horizontal approach, in order to ensure that Europe remains a global leader in a crucial enabling technology; reminds that the green and digital transformation is affecting jobs' quality, structure and characteristics and stresses how the single market's integration should lead to real benefits for the European citizens, also through more effective measures to secure consumer rights and a more efficient labour market;
2022/04/06
Committee: IMCO
Amendment 75 #

2022/2008(INI)

Draft opinion
Paragraph 6 b (new)
6b. stresses the importance of the data economy and asks the Commission to accelerate on all data-related initiatives, improving data sharing and exchange, contributing to the development of common European data spaces, fostering the creation of shared European infrastructures to facilitate the use and the exchange of data across industrial sectors, strengthening the data, cloud and edge ecosystems and reinforcing investments in high-speed communications; reminds that cybersecurity is fundamental to engage securely with the digital economy, also in view of enhancing trust of citizens and businesses and lead to a wider uptake and use of digital solutions;
2022/04/06
Committee: IMCO
Amendment 77 #

2022/0402(CNS)

Proposal for a regulation
Recital 2
(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non-discrimination32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State. Facilitating the regulatory framework to recognise parenthood in all EU countries is primarily in the best interest of the child so as to ensure children’s right to identity, nationality, non-discrimination and succession and maintenance rights are protected across the EU. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.
2023/07/04
Committee: FEMM
Amendment 81 #

2022/0402(CNS)

Proposal for a regulation
Recital 5
(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. Measures to recognise parenthood in all EU countries are an important part of strengthening, facilitating and encouraging free movement within the EU, including the right to return back to the Member State of origin and continue the life that was built while away.
2023/07/04
Committee: FEMM
Amendment 83 #

2022/0402(CNS)

Proposal for a regulation
Recital 6
(6) In conformity with the Union’s competence to adopt measures on family law with cross-border implications, the 2010 ‘European Council Stockholm programme – An open and secure Europe serving and protecting citizens’40 invited the Commission to consider the problems encountered with regard to civil status documents and the access to registers of such documents and, in the light of its findings, to submit appropriate proposals and consider whether the mutual recognition of the effects of civil status documents could be appropriate, at least in certain areas. The Commission Action Plan Implementing the Stockholm Programme41 envisaged a legislative proposal for dispensing with the formalities for the legalisation of documents between Member States and a legislative proposal on the mutual recognition of the effects of certain civil status documents, including as regards birth, parenthood and adoption. Points out that findings could serve to remedy the lack of existing legal protections which have even culminated in European children, including girls, being rendered stateless and denied equal treatment. _________________ 40 OJ C 115 of 4.5.2010, p. 1. 41 COM(2010) 171 final.
2023/07/04
Committee: FEMM
Amendment 85 #

2022/0402(CNS)

Proposal for a regulation
Recital 8
(8) While the Union has competence to adopt measures on family law with cross- border implications such as rules on international jurisdiction, applicable law and the recognition of parenthood between Member States, to date the Union has not adopted provisions in those areas as regards parenthood. The Member States’ provisions currently applicable in these areas differ. In order to increase the safety of children and to make it easier for families to live in the EU, it is of great importance that the Union adopts regulations that make parenthood legal across national borders as a prerequisite for gender equality.
2023/07/04
Committee: FEMM
Amendment 87 #

2022/0402(CNS)

Proposal for a regulation
Recital 10
(10) As a result of the absence of Union provisions on international jurisdiction and applicable law for the establishment of parenthood in cross-border situations and on the recognition of parenthood between Member States, families may encounter difficulties in having the parenthood of their children recognised for all purposes within the Union, including when they move to another Member State or return to their Member State of origin. All families, regardless of how they came about, must have the right to be a family on equal terms in society as a means of promoting gender equality.
2023/07/04
Committee: FEMM
Amendment 89 #

2022/0402(CNS)

Proposal for a regulation
Recital 11
(11) Children derive a number of rights from parenthood, including the right to an identity, a name, nationality (where governed by ius sanguinis), custody and access rights by their parents, maintenance rights, succession rights and the right to be legally represented by their parents. The non-recognition in a Member State of the parenthood established in another Member State can have serious adverse consequences on children’s fundamental rights and on the rights that they derive from national law. This may prompt families to start litigation to have the parenthood of their child recognised in another Member State, although those proceedings have uncertain results and involve significant time and costs for both families and the Member States’ judicial systems. Ultimately, families may be deterred from exercising their right to free movement for fear that the parenthood of their child will not be recognised in another Member State for the purposes of rights derived from national law. To allow families to fall outside the system on which society is built, is to discriminate against children and their families: their rights to security and dignity must be upheld. To deny some families the right to exist is to deny them of the dignity of the individual and is contrary to our European way of life and the promotion of gender equality.
2023/07/04
Committee: FEMM
Amendment 91 #

2022/0402(CNS)

Proposal for a regulation
Recital 12
(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings51 . In the European Union, both parenthood, civil union and marriage between people of all genders recognised in one EU country should be recognised throughout the EU. _________________ 47 State of the Union Address by Commission President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).
2023/07/04
Committee: FEMM
Amendment 92 #

2022/0402(CNS)

Proposal for a regulation
Recital 13
(13) Women, girls and all other childrens’ right to free movement is impinged if the whole family unit is not recognised. This Regulation should not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, including Directive 2004/38/EC. For instance, Member States must already today recognise a parent-child relationship for the purposes of permitting children to exercise, with each of their two parents, the right to move and reside freely within the territory of the Member States without impediment, and to exercise all the rights that the child derives from Union law. This Regulation does not provide for any additional conditions or requirements for the exercise of such rights.
2023/07/04
Committee: FEMM
Amendment 95 #

2022/0402(CNS)

Proposal for a regulation
Recital 16
(16) Article 2 of the United Nations Convention on the Rights of the Child of 20 November 1989 ('UN Convention on the Rights of the Child') requires States Parties to respect and ensure the rights of children without discrimination of any kind, and to take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the circumstances of the child's parents. Under Article 3 of the said Convention, in all actions by, amongst others, courts and administrative authorities, the best interests of the child must be a primary consideration. Children should never be punished or discriminated against because of what the child's family constellation looks like or how the family originated.
2023/07/04
Committee: FEMM
Amendment 97 #

2022/0402(CNS)

Proposal for a regulation
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent-child relationship with the non-biological intended parent (for example through the adoption of the child)54 . It is of great importance to the European way of life that the European Union facilitates the recognition of parentage regardless of how the child was born or what the child's family looks like, such as the gender of the parents and without any special procedure being required. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16- 2018-001 (Request no. P16-2018-001, Council of Europe: European Court of Human Rights, 10 April 2019).
2023/07/04
Committee: FEMM
Amendment 99 #

2022/0402(CNS)

Proposal for a regulation
Recital 19
(19) The Court of Justice has confirmed that the essential characteristics of Union law have given rise to a structured network of principles, rules and mutually interdependent legal relations linking the Union and its Member States, and its Member States with each other. This legal structure is based on the fundamental premiss that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the Union is founded, as stated in Article 2 TEU. That premiss implies and justifies the existence of mutual trust between the Member States that those values will be recognised. In accordance with the principle of mutual recognition, parenthood established in one Member State shall also be recognised in other Member States without any special procedure being required irrespective of the gender of the parents.
2023/07/04
Committee: FEMM
Amendment 101 #

2022/0402(CNS)

Proposal for a regulation
Recital 20
(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), equality and non-discrimination are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter prohibits discrimination on grounds of, amongst others, birth. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life. Children's rights must never be discriminated against because of how the child was born or what the child's family composition looks like.
2023/07/04
Committee: FEMM
Amendment 106 #

2022/0402(CNS)

Proposal for a regulation
Recital 22
(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood, regardless of how the child came into being or what the family constellation looks like, as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.
2023/07/04
Committee: FEMM
Amendment 109 #

2022/0402(CNS)

Proposal for a regulation
Recital 24
(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. This regulation should apply regardless of how the child came into being or what the family constellation looks like. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.
2023/07/04
Committee: FEMM
Amendment 113 #

2022/0402(CNS)

Proposal for a regulation
Recital 31
(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information, in a way that does not add bureaucratic burden, as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept. The document obtained by the parents should be available in all EU official languages to ensure and guarantee comprehension by the respective national authorities and that the language used should be gender inclusive.
2023/07/04
Committee: FEMM
Amendment 119 #

2022/0402(CNS)

Proposal for a regulation
Recital 49
(49) Proceedings on the establishment of parenthood under this Regulation should, as a basic principle, provide children below the age of 18 years who are subject to those proceedings and who are capable of forming their own views, in accordance with the case law of the Court of Justice, with a genuine and effective opportunity to express their views and, when assessing the best interests of the child, due weight should be given to those views. This Regulation should, however, leave the question of who will hear the child and how the child will be heard to be determined by the national law and procedure of the Member States. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child. t is already an established concept that all EU countries recognise that children have the right to a personal relationship and direct contact with both parents whatever their gender may be, even if the parents live in different countries. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child. Notes that the national, local or other administrative court shall decide in the best interests of the child on parent’s (irrespective of their gender) custody rights, visiting arrangements and determine the child's place of residence.
2023/07/04
Committee: FEMM
Amendment 121 #

2022/0402(CNS)

Proposal for a regulation
Recital 52
(52) By way of exception, where the law applicable as a rule results in the establishment of parenthood as regards only one parent (for example, only the genetic parent in a same-sex couple), either of two subsidiary laws, namely the law of the State of nationality of either parent or the law of the State of birth of the child, may be applied to establish parenthood as regards the second parent (for example, the non-genetic parent in a same-sex couple). Given that, in those cases, both the parenthood as regards one parent and the parenthood as regards the other parent would be established in accordance with one of the laws designated as applicable by this Regulation, the parenthood as regards each parent, including where established by the authorities of different Member States, should be recognised in all other Member States under the rules of this Regulation where the parenthood as regards each parent has been established by the authorities of a Member State whose courts have jurisdiction under this Regulation. Simplifying the processes for recognising parenthood for same-sex couples in the European Union is in the best interest of the children and their families regardless of the family’s gender composition.
2023/07/04
Committee: FEMM
Amendment 123 #

2022/0402(CNS)

Proposal for a regulation
Recital 56
(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination. Underlines that EU member states need to recognise a parent-child relationship for the purposes of permitting a child to exercise without impediment, with each parent, the right to move and reside freely within the territory of all the member states as guaranteed in Article 21(1) Treaty on the Functioning of the European Union (TFEU), the application of which is key to ensuring gender equality.
2023/07/04
Committee: FEMM
Amendment 127 #

2022/0402(CNS)

Proposal for a regulation
Recital 60
(60) Mutual trust in the administration of justice in the Union justifies the principle that court decisions establishing parenthood in a Member State should be recognised in all Member States without the need for any recognition procedure, as it is important to avoid unnecessary administration that delays the procedure which would divert valuable time away from promoting gender equality. In particular, when presented with a court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.
2023/07/04
Committee: FEMM
Amendment 130 #

2022/0402(CNS)

Proposal for a regulation
Recital 62
(62) The recognition in a Member State of court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non-recognition should be kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate the recognition of parenthood and to protect effectively children’s rights and the best interests of the child in cross-border situations. All families, regardless of how they came about, must have the right to be a family irrespective of the gender composition on equal terms in society.
2023/07/04
Committee: FEMM
Amendment 131 #

2022/0402(CNS)

Proposal for a regulation
Recital 69
(69) Authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin. Notes that evidentiary effects should not be hindered by linguistic barriers and that language in all documents shall be gender inclusive.
2023/07/04
Committee: FEMM
Amendment 136 #

2022/0402(CNS)

Proposal for a regulation
Recital 76
(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. It is an important step to reduce bureaucracy and increase access to free movement in the European Union as a means of promoting gender equality. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not take the replace of internal documents which may exist for similar purposes in the Member States.
2023/07/04
Committee: FEMM
Amendment 137 #

2022/0402(CNS)

Proposal for a regulation
Recital 77
(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. The authority should facilitate and work for minimal administrative burden for the families of all gender compositions who apply for the declaration. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.
2023/07/04
Committee: FEMM
Amendment 138 #

2022/0402(CNS)

Proposal for a regulation
Recital 99 a (new)
(99a) Underlines that the lack of parental recognition can ensure harmful ramifications for children within families in all their diversity, such as depriving them of their rightful succession, or their right to have any one of their parents act as their legal representative in matters such as medical treatments, childcare and education.
2023/07/04
Committee: FEMM
Amendment 139 #

2022/0402(CNS)

Proposal for a regulation
Recital 99 b (new)
(99b) Underscores how some types of families often face a burden in establishing filiation through court systems and the legal costs that such a process entails. Whereas having legal certainty on recognition will reduce serious concerns and problems that some families face when traveling or moving in the EU.
2023/07/04
Committee: FEMM
Amendment 140 #

2022/0402(CNS)

Proposal for a regulation
Recital 99 c (new)
(99c) The parents' gender should not be an obstacle to the child's right to guardianship. The fact that children of same-sex parents fall outside the social system creates legal uncertainty, and the children's rights must be guaranteed. LGBTI families have the same rights to move freely across international borders as any other family.
2023/07/04
Committee: FEMM
Amendment 141 #

2022/0402(CNS)

Proposal for a regulation
Recital 99 d (new)
(99d) The woman must always have the right to decide over her own body, also in the case of altruistic surrogacy.
2023/07/04
Committee: FEMM
Amendment 153 #

2022/0402(CNS)

Proposal for a regulation
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination, as long as the aforementioned Member State courts have not been found to infringe EU rule of law including in cases of LGBTI homophobia, or do not meet the standards for judicial independence.
2023/07/04
Committee: FEMM
Amendment 166 #

2022/0402(CNS)

Proposal for a regulation
Article 48 – paragraph 2 – point b
(b) another authority which, under national law, has competence to deal with parenthood matters which is recognised and approved by European regulators.
2023/07/04
Committee: FEMM
Amendment 167 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – point h
(h) any other relevant information which the applicant deems useful for the purposes of the issuance of the Certificate.
2023/07/04
Committee: FEMM
Amendment 168 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – point h a (new)
(ha) the certificate shall be available in all EU official languages and braille as well as be gender inclusive.
2023/07/04
Committee: FEMM
Amendment 171 #

2022/0402(CNS)

Proposal for a regulation
Article 55 – paragraph 3 a (new)
3a. The issuing authority shall in cases of name changes comply with the national law and issue new certificates with all requested legal name changes regardless of gender.
2023/07/04
Committee: FEMM
Amendment 172 #

2022/0402(CNS)

Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 3
The challenge shall be lodged before a court in the Member State of the issuing authority in accordance with the law of that Member State and where applicable in cooperation with national equality bodies.
2023/07/04
Committee: FEMM
Amendment 143 #

2022/0396(COD)

Proposal for a regulation
Recital 29
(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that the plastic part of each unit of packaging containsckaging they placed on the market within the territory of a Member State contains on average a certain minimum percentage of recycled content recovered from post- consumer plastic waste.
2023/06/05
Committee: IMCO
Amendment 147 #

2022/0396(COD)

Proposal for a regulation
Recital 30
(30) There should be an incentive for economic operators to increase the recycled content in the plastic part of packaging. The most appropriate means to achieve this is to ensure the modulation of extended producer responsibility fees based on the percentage of recycled content in packaging. The fee modulation should be based on common rules for the calculation and verification of the recycled content contained in such packaging.
2023/06/05
Committee: IMCO
Amendment 256 #

2022/0396(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. In addition to the labelling requirements laid down in Article 11, Member States may provide for further voluntary labelling requirements, for the purpose of identifying the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1).
2023/06/05
Committee: IMCO
Amendment 259 #

2022/0396(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5)by CEN - European Committee for Standardization shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
2023/06/05
Committee: IMCO
Amendment 263 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primary raw materials;
2023/06/05
Committee: IMCO
Amendment 268 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated acts adoptedas laid down in standards developed by CEN- European Committee for Standardisation pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated actsstandards developed by CEN European Committee for Standardisation adopted pursuant to paragraph 6. Where such packaging complies with those standards delegated acts, it shall be considered to comply with paragraph 2, points (a) and (e).
2023/06/05
Committee: IMCO
Amendment 273 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order toshall request the CEN- European Committee for Standardisation, to develop harmonised standards establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as. The Commission is empowered to adopt delegated acts in accordance with Article 58 to lay down the rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design-for- recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components. The Commission is empowered to adopt delegated acts in accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure
2023/06/05
Committee: IMCO
Amendment 282 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
From 1 January 2030, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adoptedstandards developed by the CEN- European Committee for Standardisation pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
2023/06/05
Committee: IMCO
Amendment 299 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 11
11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated actCEN standards referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6).
2023/06/05
Committee: IMCO
Amendment 302 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packagingckaging placed on the market for the first time by an economic operator within the territory of a Member State shall contain on average the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging: or biobased content,
2023/06/05
Committee: IMCO
Amendment 307 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packagingckaging placed on the market for the first time by an economic operator within the territory of a Member State shall contain on average the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging: or biobased content,
2023/06/05
Committee: IMCO
Amendment 312 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging, also compostable inks, adhesives, varnishes and coatings used on packaging.
2023/06/05
Committee: IMCO
Amendment 313 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of recycled or biobased content used in the packaging.
2023/06/05
Committee: IMCO
Amendment 317 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
2023/06/05
Committee: IMCO
Amendment 350 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging, reusable packaging and packaging covered by a deposit and return system. However, it applies to e-commerce packaging.
2023/06/05
Committee: IMCO
Amendment 374 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], packaging shall bear a label on packaging reusability and or a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
2023/06/05
Committee: IMCO
Amendment 446 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Manufacturers shall keep the technical documentation referred to in Annex VII and the EU declaration of conformity for 103 years after the packaging has been placed on the market.
2023/06/05
Committee: IMCO
Amendment 476 #

2022/0396(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) keep the EU declaration of conformity and the technical documentation at the disposal of the national market surveillance authorities for 103 years after the packaging has been placed on the market;
2023/06/05
Committee: IMCO
Amendment 516 #

2022/0396(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Economic operators shall be able to provide the information referred to in paragraph 1 for 103 years after they have been supplied with the packaging and for 103 years after they have supplied the packaging.
2023/06/05
Committee: IMCO
Amendment 538 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 6 – introductory part
6. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non-alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, pure juice, juice or must of fruits or vegetables and smoothies without milk and non- alcoholic beverages containing milk fat, shall ensure that:
2023/06/05
Committee: IMCO
Amendment 546 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 9 – point a
(a) from 1 January 20305 years after publication of the implementing acts pursuant to article 27 (4), 10 % of such packaging used is reusable packaging within a system for re- use;
2023/06/05
Committee: IMCO
Amendment 634 #

2022/0396(COD)

Proposal for a regulation
Annex X – paragraph 2
[...]deleted
2023/06/05
Committee: IMCO
Amendment 180 #

2022/0278(COD)

Proposal for a regulation
Recital 1 a (new)
(1 a) As provided for in Article 3 of the Treaty on the European Union, the internal market comprises an area without internal frontiers and in order to ensure fulfilment of the obligations arising from the Treaty, and, in particular, to ensure the proper functioning of the internal market, Member States should, on the one hand, abstain from adopting measures or engaging in conduct liable to constitute an obstacle to trade and, on the other hand, take all necessary and proportionate measures with a view to facilitating the free movement of goods in their territory.
2023/03/31
Committee: IMCO
Amendment 182 #

2022/0278(COD)

Proposal for a regulation
Recital 1 b (new)
(1 b) Breaches of this principle occur when in a given Member State the free movement of goods is obstructed by actions of private individuals, causeing grave disruption to the proper functioning of the internal market and inflict serious losses on the individuals affected, the Member State on the territory of which obstacles to the free movement of goods occur should take all necessary and proportionate measures to restore as soon as possible the free movement of goods in their territory in order to avoid the risk that the disruption or loss in question will continue, increase or intensify and that there may be a breakdown in trade and in the contractual relations which underlie it.Such Member State should inform the Commission and, if requested, other Member States of the measures it has taken or intends to take in order to fulfill this objective as this obligation is expressed in the treaty as well as in the jurisprudence of the Court of Justice of the European Union (Case C-265/95 Commission of the European Communities v French Republic).
2023/03/31
Committee: IMCO
Amendment 294 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves and with the Commission.deleted
2023/03/31
Committee: IMCO
Amendment 305 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chains.
2023/03/31
Committee: IMCO
Amendment 322 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale that takes place inside or outside of the Union affecting the Single Market by disrupting or may lead to disruption of free movement of goods, services or persons;
2023/03/31
Committee: IMCO
Amendment 329 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘Single Market vigilance mode’ means a framework for addressing a threat of significant disruption of the supplyfree movement of goods and services of strategic importance and which has the potential to escalate into a Single Market emergency within the next six months;
2023/03/31
Committee: IMCO
Amendment 330 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement on the Single Market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
2023/03/31
Committee: IMCO
Amendment 336 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘strategically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market;deleted
2023/03/31
Committee: IMCO
Amendment 341 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘goods and services of strategic importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategically important areas and which cannot be substituted or diversified;deleted
2023/03/31
Committee: IMCO
Amendment 351 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
(7 a) ‘economic operator’ shall mean the manufacturer, the authorised representative, the importer and the distributor as defined in Regulation 765/2008/EC, or a service provider that is any natural person who is a national of a Member State, or any legal person as referred to in Article 48 of the Treaty and established in a Member State, who offers or provides a service, as defined in Directive 2006/123/EC ;
2023/03/31
Committee: IMCO
Amendment 369 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament, experts with specific knowledge, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the advisory group. __________________ 49 OJ L 1, 3.1.1994, p. 3.
2023/03/31
Committee: IMCO
Amendment 399 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 5 – point f
(f) maintaining a repository of national and Union crisis measures that have been used in previous crises that have had an impact on the Single Market and its supply chains
2023/03/31
Committee: IMCO
Amendment 452 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actionsexperiences and needs in order to mitigate and respond to potential supply chain disruptions and overcome potential shortagescrisis that could disrupt the free movement of goods and services in the Single Market;
2023/03/31
Committee: IMCO
Amendment 472 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3 – introductory part
3. In order to determine whether the disruption or potential disruption of the functioning of the Single Market and its supply chains of goods and services is significantis significant as defined in article 3 (8) and should be the object of an alert, the central liaison office of a Member State shall take the following into account:
2023/03/31
Committee: IMCO
Amendment 480 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c
(c) the geographical area; the proportion of the Single Market affected by the disruption or potential disruption; the impact on specific geographical areas particularly vulnerable or exposed to supply chain disruptidisruptions of the free movement of goods, services and persons, including the EU outermost regions;
2023/03/31
Committee: IMCO
Amendment 488 #

2022/0278(COD)

Proposal for a regulation
Article 9
1. into consideration the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Such an implementing act shall contain the following: (a) impact of the crisis; (b) strategic importance concerned, and (c) 2. The implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referArticle 9 deleted Activation Where the Commission, taking an assessment of the potential list of the goods and services of the vigilance measureds to in Article 41(2)be taken.
2023/03/31
Committee: IMCO
Amendment 509 #

2022/0278(COD)

Proposal for a regulation
Article 10
1. that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act. 2. into considerArticle 10 deleted Extension and deactivation tThe opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act. 3. paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2).Commission, if it considers Where the Commission, taking Implementing acts referred to in
2023/03/31
Committee: IMCO
Amendment 526 #

2022/0278(COD)

Proposal for a regulation
Article 11
[...]deleted
2023/03/31
Committee: IMCO
Amendment 559 #

2022/0278(COD)

Proposal for a regulation
Article 12
[...]deleted
2023/03/31
Committee: IMCO
Amendment 607 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point g
(g) the geographic area that is and could be affected, including any cross- border impacts on the functioning of supply chainsree movment that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
2023/03/31
Committee: IMCO
Amendment 615 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The Single Market Emergency mode may be activated without the Single Market vigilance mode having previously been activated with regard to the same goods or services. Where the vigilance mode has previously been activated, the emergency mode may replace it partially or entirely.deleted
2023/03/31
Committee: IMCO
Amendment 628 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The activation of the Single Market emergency mode regarding certain goods and services does not prevent the activation or continued application of the vigilance mode and deployment of the measures laid down in Articles 11 and 12 regarding the same goods and services.deleted
2023/03/31
Committee: IMCO
Amendment 637 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. As soon as the Single Market emergency mode is activated, the Commission shall, without delay, adopt a list of crisis-relevant goods and services by means of an implementing actand propose it to the Council. The list may be amended by means of Council implementing acts.
2023/03/31
Committee: IMCO
Amendment 641 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 6
6. The Commissionuncil implementing act referred to in paragraph 5 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
2023/03/31
Committee: IMCO
Amendment 659 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. When adopting and applyingDuring a Single Market emergency mode and when responding to a Single Market emergency, Member States shall not introduce any national measures in response to a Single Market emergency and the underlying crisis,restricting the free movement of services, goods and persons as they are guaranteed in the Treaty and Union law. If adopting and applying national measures Member States shall ensure that their actions fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this Article.
2023/03/31
Committee: IMCO
Amendment 664 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Any restriction shall be limited in time and removed as soon as the situation allows it and at the latest when the Single Market Emergency mode is deactivated. Any restriction not being removed as the Single Market Emergency mode has been deactivated shall no longer be applicable. Additionally, any restriction should take into account the situation of border regions.
2023/03/31
Committee: IMCO
Amendment 669 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. Any requirement imposed on citizens and businesses shall be proportionate and necessary and shall not create an undue or unnecessary administrative burden.
2023/03/31
Committee: IMCO
Amendment 677 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner without delay.
2023/03/31
Committee: IMCO
Amendment 684 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain fromnot introducinge any of the following:restrictions to the free movement of goods, services and persons.
2023/03/31
Committee: IMCO
Amendment 687 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) intraUnion export bans or other measures having equivalent effect on crisis-relevant goods or services listed in an implementing act adopted pursuant to Article 14, paragraph 5;free movement of goods
2023/03/31
Committee: IMCO
Amendment 700 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1 a. Restrictions to the free movement may be introduced in accordance with the Treaty and Union law. Any such restriction shall be kept at a minimum and be predictable for economic operators and citizens, and limited in time.
2023/03/31
Committee: IMCO
Amendment 701 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 b (new)
1 b. Any such restriction shall be removed as soon as the situation allows it and at the latest when the Single Market Emergency mode is deactivated. Any remaining restriction shall no longer be applicable as soon as the Single Market Emergency mode has been deactivated according to the procedure under 15(2).
2023/03/31
Committee: IMCO
Amendment 702 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 c (new)
1 c. Notwithstanding paragraph 2 Member State shall not introduce any of following:
2023/03/31
Committee: IMCO
Amendment 704 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 2 – introductory part
2. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the following, unless to do so is inherent to the nature of the crisis:
2023/03/31
Committee: IMCO
Amendment 707 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 3 – introductory part
3. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from any of the following unless to do so is inherent to the nature of the crisis/Single Market emergency:
2023/03/31
Committee: IMCO
Amendment 724 #

2022/0278(COD)

Proposal for a regulation
Article 17 a (new)
Article 17 a Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force and subsequently on a regular basis for the duration of the Single Market emergency mode, keeping the information up to date and accessible through electronic means 24/7. Member States shall ensure a continuous dialogue with stakeholders, including communication with social partners and international partners.
2023/03/31
Committee: IMCO
Amendment 735 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency, Member States shall notify to the Commission any crisis-relevant draft measureMember States shall without undue delay notify to the Commission any draft measures, new laws, regulations or administrative provisions restricting free movement of goods and the freedom to provide services as well as crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures. Such a notification shall include:
2023/03/31
Committee: IMCO
Amendment 791 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission may invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a set time limit, specific information to the Commission on the production capacities and possible existing stocks of crisis- relevant goods and components thereof in Union production facilities and third country facilities which it operates, contracts or purchases supply from, as well as information on any relevant supply chain disruptions within a given deadlineThe Commission may invite representative organisations or economic operators to transmit on a voluntary basis information.
2023/03/31
Committee: IMCO
Amendment 796 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limit and do not provide a valid justificWith regards to the invitaiton to representative organisations for not doing so, the Commission may, by means of an implementing act, require that theyeconomic operators to transmit the information, indicating in the implementing act why it is proportionate and necessary to do so, specifying the crisis-relevant goods and services and addressees concerned by the information request, and the information that is sought, providing where necessary a template with the questions that may be addressed to the economic operators to the Commission, the Commission shall consider if the information can be obtian in any other way with regards to the Only Once Principle.
2023/03/31
Committee: IMCO
Amendment 800 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 3
3. The information requests referred to in paragraph 1 may concern the following: (a) Commission in relation to the production capacities and possible existing stocks of the crisis-relevant goods and components thereof in production facilities located in the Union and production facilities located in a third country which the organisation or the operator referred to in paragraph 1 operates, contracts or purchases supply from, while fully respecting trade and business secrets and requiring them to transmit to the Commission a schedule of the expected production output for the following 3 months for production facility located in the Union as well as any relevant supply chain disruptions; (b) other information necessary for assessing the nature or magnitude of a given supply chain disruption or shortage.deleted targeted information to the
2023/03/31
Committee: IMCO
Amendment 805 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis-relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. The Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.deleted
2023/03/31
Committee: IMCO
Amendment 811 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 5
5. The Commission Decisions containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. AnyAny invitation to transmit information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal decision shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.
2023/03/31
Committee: IMCO
Amendment 815 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 6
6. The owners of the economic operators or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator or the association of economic operators concerned. Each economic operator or association of economic operators shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.deleted
2023/03/31
Committee: IMCO
Amendment 821 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 7
7. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions whereby the Commission has imposed a mandatory information request to an economic operator.deleted
2023/03/31
Committee: IMCO
Amendment 823 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 8
8. The implementing acts referred to in paragraph 2 shall be adopted in accordance with the committee procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).deleted
2023/03/31
Committee: IMCO
Amendment 838 #

2022/0278(COD)

Proposal for a regulation
Article 27
[...]deleted
2023/03/31
Committee: IMCO
Amendment 860 #

2022/0278(COD)

Proposal for a regulation
Article 28
Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with 1. a decision, where deemed necessary and proportionate, impose fines: (a) organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit; (b) intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third country obligation pursuant to Article 27 or fails to explain why it has not accepted a priority rated order; (c) intentionally or through gross negligence, does not comply with an obligation which it has accepted to prioritise certain orders of crisis-relevant goods (‘priority rated order’) pursuant to Article 27 2. referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR. 3. referred to in paragraph 1 (c) shall not exceed 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of total turnover in the preceding business year. 4. regard shall be had to the size and economic resources of the economic operator concerned, to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. 5. European Union shall have unlimited jurisdiction to review decisions whereby the Commission has fixed a fine. It may cancel, reduce or increase the fine imposed.Article 28 deleted priority rated orders The Commission may, by means of where a representative where an economic operator, where an economic operator, Fines imposed in the cases Fines imposed in the cases In fixing the amount of the fine, The Court of Justice of the
2023/03/31
Committee: IMCO
Amendment 875 #

2022/0278(COD)

Proposal for a regulation
Article 29
Limitation period for the imposition of 1. fines in accordance with Article 30 shall be subject to the following limitation periods: (a) two years in the case of infringements of provArticle 29 deleted fines The Commissions concerning requests of information pursuant to Article 24; (b) infringements of provisions concerning the obligation to prioritise the production of crisis-relevant goods pursuant to Article 26(2). 2. day on which the Commission becomes aware of the infringement. However, in case of continuous or repeated infringements, time shall begin to run on the day on which the infringement ceases 3. Commission or the competent authorities of the Member States for the purposes of ensuring compliance with the provisions of this Regulation shall interrupt the limitation period. 4. period shall apply for all the parties which are held responsible for the participation in the infringement. 5. time running afresh. However, the limitation period shall expire at the latest on the day in which a period equal to twice the limitation period has elapsed without the Commission having imposed a fine. That period shall be extended by the time during which the limitation period is suspended because the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union. power to impose three years in the case The time shall begin to run on the Any action taken by the The interruption of the limitation Each interruption shall start the
2023/03/31
Committee: IMCO
Amendment 881 #

2022/0278(COD)

Proposal for a regulation
Article 30
Limitation periods for enforcement of 1. enforce decisions taken pursuant to Article 28 shall be subject to a limitation period of five years. 2. on which the decision becomes final. 3. enforcement of fines shall be interrupted: (a) varying the original amount of the fine or refusing an application for variation; (b) or of a Member State, acting at the request of the Commission, designed to enforce payment of the fine. 4. running afresh. 5. enforcement of fines shall be suspended for so long as: (a) (b) suspended pursuant to a decision of the Court of Justice of the European Union.Article 30 deleted fines The power of the Commission to Time shall begin to run on the day The limitation period for the by notification of a decision by any action of the Commission Each interruption shall start time The limitation period for the time to pay is allowed; enforcement of payment is
2023/03/31
Committee: IMCO
Amendment 883 #

2022/0278(COD)

Proposal for a regulation
Article 31
Right to be heard for the imposition of 1. Before adopting a decision pursuant to Article 28, the Commission shall give the economic operator or representative organisations of economic operators concerned the opportunity of being heard on: (a) Commission, including any matter to which the Commission has taken objections; (b) may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph. 2. organisations of economic operators concerned may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 21 days. 3. decisions only on objections on which economic operators and representative organisations of economic operators concerned have been able to comment. 4. economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. The economic operator or representative organisations of economic operators concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.Article 31 deleted fines preliminary findings of the measures that the Commission Undertakings and representative The Commission shall base its The rights of defence of the
2023/03/31
Committee: IMCO
Amendment 891 #

2022/0278(COD)

Proposal for a regulation
Article 32 – paragraph 1
Where the strategic reserves constituted by the Member States in accordance with Article 12 prove to be insufficient to meet the needs related to the Single Market emergency, the Commission, taking into consideration the opinion provided by the advisory group, may recommend to the Member States to distribute the strategica Member States is in need of certain goods or services due to the Single Market emergency, Member States and the Commission, in the sprit of sincere cooperation and as set out in article 4(3) TEU shall assist each other to take action and measures to meet this need. Such measures or actions resferves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the Single Market, including in geographical areas particularly affected by such disruptions andred to in paragraph 1 include, but are not limited to (a) eliminate any barriers to the free movement that contributes to the need of certain goods and services; (b) in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the Single Market emergency.sincere cooperation distribute goods and services to reduce the need;
2023/03/31
Committee: IMCO
Amendment 293 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘media service’ means a service as defined by Articles 56 and 57 of the Treaty, where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications to the general public, by any means, in order to inform, entertain or educate, under the editorial responsibility of an media service provider;tor-in-chief
2023/04/13
Committee: IMCO
Amendment 295 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the chosuch as press publications within the meaning of Article of the content of the media service and determines2(4) of Directive (EU) 2019/790, and audiovisual media services, within the meanner in which it is organised;ing of Article 1(1) point (a) of Directive 2010/13/EU.
2023/04/13
Committee: IMCO
Amendment 301 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘editor-in-chief’ means a natural person or a number of natural persons possibly grouped in a body, regardless of its legal form, status and composition, thatwho takes or supervises editorial decisions within a media service provider;.
2023/04/13
Committee: IMCO
Amendment 306 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or the content of press publications and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
2023/04/13
Committee: IMCO
Amendment 368 #

2022/0277(COD)

Proposal for a regulation
Article 6 – paragraph 2 – introductory part
2. Without prejudice to national constitutional laws consistent with the Charter, mthe editor-in-chief must, within the framework of the medium's fundamental principles and purpose, set by the publisher, manage the editorial work and make decisions on editorial issues. The publisher, owner or other company management cannot instruct or overrule the editor-in-chief on editorial issues, nor can they demand to see print, text or pictures, or demand to hear or see program material before it is made available to the public. Media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions. In particular, such measures shall aim to:
2023/04/13
Committee: IMCO
Amendment 602 #

2022/0277(COD)

Proposal for a regulation
Article 21 – title
Assessment of media market concentrations significantly impacting media pluralism
2023/04/13
Committee: IMCO
Amendment 604 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Where Member States shall provide, in their national legal systems, substantive and procedural rules which ensure andecide to lay down rules for the assessment of media market concentrations that could have a significantly impact oning media pluralism and editorial independence. These rules shall:
2023/04/13
Committee: IMCO
Amendment 607 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) require the parties to a media market concentration that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;deleted
2023/04/13
Committee: IMCO
Amendment 610 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point c
(c) designate the national regulatory authority or body as responsible for the assessment of the impact of a notifiable concentration on media pluralism and editorial independence or ensure the involvement of the national regulatory authority or body in such assessment;deleted
2023/04/13
Committee: IMCO
Amendment 615 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – introductory part
2. In the assessment referred to in paragraph 1, the following elements shallmay be taken into account:
2023/04/13
Committee: IMCO
Amendment 618 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environmentfocusing on activities related to the provision of information, taking into account the online environment, the important role of public service media providers and the parties’ interests, links or activities in other media or non-media businesses;
2023/04/13
Committee: IMCO
Amendment 628 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point c
(c) whether, in the absence of the concentration, the acquiring and acquired entity would remain economically sustainable, and whether there are any possible alternatives to ensure its economic sustainability.deleted
2023/04/13
Committee: IMCO
Amendment 638 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 4
4. The national regulatory authority or body shall consult the Board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentration significantly impacting media pluralism where such concentrations may affect the functioning of the internal market.
2023/04/13
Committee: IMCO
Amendment 74 #

2022/0272(COD)

Proposal for a regulation
Recital 19
(19) Certain tasks provided for in this Regulation should be carried out by ENISA, in accordance with Article 3(2) of Regulation (EU) 2019/881. In particular, ENISA should receive notifications from manufacturers of actively exploited vulnerabilities contained in products with digital elements, as well as incidents having an impact on the security of those products. ENISA should also forward these notifications to the relevant Computer Security Incident Response Teams (CSIRTs) or, respectively, to the relevant single points of contact of the Member States designated in accordance with Article [Article X] of Directive [Directive XXX / XXXX (NIS2)], and inform the relevant market surveillance authorities about the notified vulnerability. On the basis of the information it gathers, ENISA should prepare a biennial technical report on emerging trends regarding cybersecurity risks in products with digital elements and submit it to the Cooperation Group referred to in Directive [Directive XXX / XXXX (NIS2)]. Furthermore, considering its expertise and mandate, ENISA should be able to support the process for implementation of this Regulation. In particular, it should be able to propose joint activities to be conducted by market surveillance authorities based on indications or information regarding potential non-compliance with this Regulation of products with digital elements across several Member States or identify categories of products for which simultaneous coordinated control actions should be organised. In exceptional circumstances, at the request of the Commission, ENISA should be able to conduct evaluations in respect of specific products with digital elements that present a significant cybersecurity risk, where an immediate intervention is required to preserve the good functioning of the internal market. ENISA should publish and maintain a known exploited vulnerability catalogue, as an authoritative source of vulnerabilities exploited. Manufacturers should monitor the catalogue and notify any listed vulnerability found in their product. Active exploitation in this context does not include scanning, security research exploits or Proofs of Concept.
2023/04/28
Committee: IMCO
Amendment 78 #

2022/0272(COD)

Proposal for a regulation
Recital 22
(22) In order to ensure that products with digital elements, when placed on the market, do not pose cybersecurity risks to persons and organisations, essential requirements should be set out for such products. When the products are subsequently modified, by physical or digital means, in a way that is not foreseen by the manufacturer and that may imply that they no longer meet the relevant essential requirements, the modification should be considered as substantial. For example, software updates or repairs could be assimilated to maintenance operations provided that they do not modify a product already placed on the market in such a way that compliance with the applicable requirements may be affected, or that the intended use for which the product has been assessed may be changed. As is the case for physical repairs or modifications, a product with digital elements should be considered as substantially modified by a software change where the software update modifies the original intended functions, type or performance of the product and these changes were not foreseen in the initial risk assessment, or the nature of the hazard has changed or the level of risk has significantly increased because of the software update.
2023/04/28
Committee: IMCO
Amendment 80 #

2022/0272(COD)

Proposal for a regulation
Recital 23
(23) In line with the commonly established notion of substantial modification for products regulated by Union harmonisation legislation, whenever a substantial modification occurs that may affect the compliance of a product with this Regulation or when the intended purpose of that product changes, , it is appropriate that the compliance of the product with digital elements is verified and that, where applicable, it undergoes a newthe conformity assessment is updated. Where applicable, if the manufacturer undertakes a conformity assessment involving a third party, changes that might lead to substantial modifications should be notified to the third party. Should a substantial modification be deemed to occur, the update to the conformity assessment should focus solely on the aspects of the assessment affected by the modification.
2023/04/28
Committee: IMCO
Amendment 94 #

2022/0272(COD)

Proposal for a regulation
Recital 32
(32) In order to ensure that products with digital elements are secure both at the time of their placing on the market as well as throughout their life-cycle, it is necessary to lay down essential requirements for vulnerability handling and essential cybersecurity requirements relating to the properties of products with digital elements. While manufacturers should comply with all essential requirements related to vulnerability handling and ensure that all their products are delivered without any known exploitable vulnerabilities, they should determine which other essential requirements related to the product properties are relevant for the concerned type of product. For this purpose, manufacturers should undertake an assessment of the cybersecurity risks associated with a product with digital elements to identify relevant risks and relevant essential requirements and in order to appropriately apply suitable harmonised standards or common specifications.
2023/04/28
Committee: IMCO
Amendment 98 #

2022/0272(COD)

Proposal for a regulation
Recital 35
(35) Manufacturers should also report to ENISA any incident having an impact on the security of the product with digital elements. Notwithstanding the incident reporting obligations in Directive [Directive XXX/XXXX (NIS2)] for essential and important entities, it is crucial for ENISA, the single points of contact designated by the Member States in accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] and the market surveillance authorities to receive information from the manufacturers of products with digital elements allowing them to assess the security of these products. In order to ensure that users can react quickly to incidents having an impact on the security of their products with digital elements, manufacturers should also inform their users about any such incident and, where applicable, about any corrective measures that the users can deploy to mitigate the impact of the incident, for example by publishing relevant information on their websites or, where the manufacturer is able to contact the users and where justified by the risks, by reaching out to the users directly.deleted
2023/04/28
Committee: IMCO
Amendment 103 #

2022/0272(COD)

Proposal for a regulation
Recital 45
(45) As a general rule the conformity assessment of products with digital elements should be carried out by the manufacturer under its own responsibility following the procedure based on Module A of Decision 768/2008/EC. The manufacturer should retain flexibility to choose a stricter conformity assessment procedure involving a third-party. If the product is classified as a critical product of class I, additional assurance is required to demonstrate conformity with the essential requirements set out in this Regulation. The manufacturer should apply harmonised standards, common specifications or cybersecurity certification schemes under Regulation (EU) 2019/881 which have been identified by the Commission in an implementing act, if it wants to carry out the conformity assessment under its own responsibility (module A). If the manufacturer does not apply such harmonised standards, common specifications or cybersecurity certification schemes, the manufacturer should undergo conformity assessment involving a third party. Taking into account the administrative burden on manufacturers and the fact that cybersecurity plays an important role in the design and development phase of tangible and intangible products with digital elements, conformity assessment procedures respectively based on modules B+C or module H of Decision 768/2008/EC have been chosen as most appropriate for assessing the compliance of critical products with digital elements in a proportionate and effective manner. The manufacturer that carries out the third- party conformity assessment can choose the procedure that suits best its design and production process. Given the even greater cybersecurity risk linked with the use of products classified as critical class II products, the conformity assessment should always involve a third party.
2023/04/28
Committee: IMCO
Amendment 105 #

2022/0272(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of updates to the list of critical products in Annex III and specifying the definitions of the these product categories. Power to adopt acts in accordance with that Article should be delegated to the Commission to identify products with digital elements covered by other Union rules which achieve the same level of protection as this Regulation, specifying whether a limitation or exclusion from the scope of this Regulation would be necessary as well as the scope of that limitation, if applicable. Power to adopt acts in accordance with that Article should also be delegated to the Commission in respect of the potential mandating ofvoluntary certification of certain highly critical products with digital elements based on criticality crieria set out in this Regulation, as well as for specifying the minimum content of the EU declaration of conformity and supplementing the elements to be included in the technical documentation. 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 Inter-institutional Agreement of 13 April 2016 on Better Law-Making 33 . 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. __________________ 33 OJ L 123, 12.5.2016, p. 1.
2023/04/28
Committee: IMCO
Amendment 106 #

2022/0272(COD)

Proposal for a regulation
Recital 63
(63) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to: specify the format and elements of the software bill of materials, specify further the type of information, format and procedure of the notifications on actively exploited vulnerabilities and incidents submitted to ENISA by the manufacturers, based on industry best practices, specify the European cybersecurity certification schemes adopted pursuant to Regulation (EU) 2019/881 that can be used to demonstrate conformity with the essential requirements or parts therefore as set out in Annex I of this Regulation, adopt common specifications in respect of the essential requirements set out in Annex I, lay down technical specifications for pictograms or any other marks related to the security of the products with digital elements, and mechanisms to promote their use, decide on corrective or restrictive measures at Union level in exceptional circumstances which justify an immediate intervention to preserve the good functioning of the internal market. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council34 . __________________ 34 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p.13).
2023/04/28
Committee: IMCO
Amendment 108 #

2022/0272(COD)

Proposal for a regulation
Recital 69
(69) Economic operators should be provided with a sufficient time to adapt to the requirements of this Regulation. This Regulation should apply [248 months] from its entry into force, with the exception of the reporting obligations concerning activelyknown exploited vulnerabilities and significant incidents, which should apply [124 months] from the entry into force of this Regulation.
2023/04/28
Committee: IMCO
Amendment 109 #

2022/0272(COD)

Proposal for a regulation
Recital 71 a (new)
(71 a) The Commission shall present easy-to-understand guidelines for businesses with the requirements of this Regulation. When developing such guidelines, the Commission should take into consideration needs of SMEs so as to keep administrative and financial burdens to a minimum while facilitating their compliance with this Regulation. The Commission should consult relevant stakeholders, with expertise in the field of cybersecurity.
2023/04/28
Committee: IMCO
Amendment 110 #

2022/0272(COD)

Proposal for a regulation
Recital 71 b (new)
(71 b) Where third party assessment is mandated, such assessment should take into account: the similarity of products with digital elements by accepting one product as representative of a family or category of products for assessment purposes due to them having equitable hardware and/or software; reciprocity to eliminate duplication by accepting of other entities’ assessments or certification (e.g. recognition of assessments from qualified bodies outside the Union; reuse of certifications); deltas in order to only focus on additional requirements not covered by other entities’ assessments and not reassessing the whole set; attestation in order to accept assessments from the manufacturer for certain aspects of the wider third-party assessment; and maintenance to allow certain changes or software updates to the product without requiring reassessment. In particular, software updates that do not weaken the security posture of the product should not be considered as justifiable to require reassessment.
2023/04/28
Committee: IMCO
Amendment 118 #

2022/0272(COD)

Proposal for a regulation
Article 2 – paragraph 4 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend this Regulation specifying whether such limitation or exclusion is necessary, the concerned products and rules, as well as the scope of the limitation, if relevant.
2023/04/28
Committee: IMCO
Amendment 125 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1 a) 'partly completed products with digital elements’ means an assembly which cannot in itself function so as to perform a specific application and which is only intended to be incorporated into or assembled with a product with digital elements or other partly completed product with digital elements, thereby forming a product with digital elements;
2023/04/28
Committee: IMCO
Amendment 137 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 31
(31) ‘substantial modification’ means a change to the product with digital elements, excluding security and maintenance updates, following its placing on the market, which affects the compliance of the product with digital elements with the essential requirements set out in Section 1 of Annex I or results in a modification to the intended use for which the product with digital elements has been assessed;
2023/04/28
Committee: IMCO
Amendment 138 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 39
(39) ‘actively exploited vulnerability’ means a patched vulnerability for which there is reliable evidence that execution of malicious code was performed by an actor on a system without permission of the system owner;
2023/04/28
Committee: IMCO
Amendment 140 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 40 a (new)
(40 a) ‘life-cycle’ means the period from the moment that product covered by this Regulation is placed on the market or put into service until the moment that it is discarded, including the effective time when it is capable of being used and the phases of transport, assembly, dismantling, disabling, scrapping or other physical or digital modifications foreseen by the manufacturer;
2023/04/28
Committee: IMCO
Amendment 142 #

2022/0272(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Member States shall not impede, for the matters covered by this Regulation, the making available on the market of products with digital elements or partly completed products with digital elements which comply with this Regulation.
2023/04/28
Committee: IMCO
Amendment 146 #

2022/0272(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. At trade fairs, exhibitions and demonstrations or similar events, Member States shall not prevent the presentation and use of a product with digital elements or partly completed products with digital elements which does not comply with this Regulation.
2023/04/28
Committee: IMCO
Amendment 151 #

2022/0272(COD)

Proposal for a regulation
Article 6 – paragraph 2 – introductory part
2. The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex III by including in the list of categories of critical products with digital elements a new category or withdrawing an existing one from that list 48 months after the start of application of this Regulation and every 5 years thereafter. When assessing the need to amend the list in Annex III, the Commission shall take into account the level of cybersecurity risk related to the category of products with digital elements. In determining the level of cybersecurity risk, one or several of the following criteria shall be taken into account:
2023/04/28
Committee: IMCO
Amendment 153 #

2022/0272(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c
(c) the intended use and scale of performing critical or sensitive functions, such as the volume of processing of personal data;
2023/04/28
Committee: IMCO
Amendment 154 #

2022/0272(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. The Commission is empowered to adopt a delegated act in accordance with Article 50 to supplement this Regulation by specifying the definitions of the product categories under class I and class II as set out in Annex III. The delegated act shall be adopted [by 12 months since the entry into force of this Regulation].
2023/04/28
Committee: IMCO
Amendment 160 #

2022/0272(COD)

Proposal for a regulation
Article 6 – paragraph 5 – introductory part
5. The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by specifying categories of highly critical products with digital elements for which the manufacturers shall be required tomay obtain a European cybersecurity certificate under a European cybersecurity certification scheme pursuant to Regulation (EU) 2019/881 to demonstrate conformity with the essential requirements set out in Annex I, or parts thereof. When determining such categories of highly critical products with digital elements, the Commission shall take into account the level of cybersecurity risk related to the category of products with digital elements, in light of one or several of the criteria listed in paragraph 2, as well as in view of the assessment of whether that category of products is:
2023/04/28
Committee: IMCO
Amendment 162 #

2022/0272(COD)

Proposal for a regulation
Article 7 – paragraph 1
By way of derogation from Article 2(1), third subparagraph, point (b), ofProducts falling under the Regulation [General Product Safety Regulation] wheich are products with digital elements are not subject to specific requirements laid down within the meaning other Union harmonisation legislation within the meaning of [Article 3, point (25) of the General Product Safety Regulation], Chapter III, Section 1, Chapters V and VII, and Chapters IX to XI of Regulation [General Product Safety Regulation] shall apply to those products with respect to safety risks not covered byf this Regulation shall be deemed to be in conformity with Article 5a-1(h) of the General Product Safety Regulation], when they comply with the requirements of this Regulation.
2023/04/28
Committee: IMCO
Amendment 164 #

2022/0272(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. For the products and cybersecurity requirements referred to in paragraph 1, the relevant conformity assessment procedure as required by Article [Article 43] of Regulation [AI Regulation] shall apply. For the purpose of that assessment, notified bodies which are entitled to control the conformity of the high-risk AI systems under the Regulation [AI Regulation] shall be also entitled to control the conformity of the high-risk AI systems within the scope of this Regulation with the requirements set out in Annex I to this Regulation, provided that the compliance of those notified bodies with the requirements laid down in Article 29 of this Regulation have been assessed in the context of the notification procedure under Regulation [AI Regulation].deleted
2023/04/28
Committee: IMCO
Amendment 167 #

2022/0272(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. By derogation from paragraph 2, critical products with digital elements listed in Annex III of this Regulation, which have to apply the conformity assessment procedures referred to in Articles 24(2)(a), 24(2)(b), 24(3)(a) and 24(3)(b) under this Regulation and which are also classified as high-risk AI systems according to Article [Article 6] of the Regulation [AI Regulation] and to which the conformity assessment procedure based on internal control referred to in Annex [Annex VI] to Regulation [the AI Regulation] applies, shall be subject to the conformity assessment procedures as required by this Regulation in so far as the essential requirements of this Regulation are concerned.deleted
2023/04/28
Committee: IMCO
Amendment 168 #

2022/0272(COD)

Proposal for a regulation
Article 9 – paragraph 1
Machinery products under the scope of Regulation [Machinery Regulation proposal] which are products with digital elements within the meaning of this Regulation and for which an EU declaration of conformity has been issued on the basis of this Regulation shall be deemed to be in conformity with the essential health and safety requirements set out in Annex [Annex III, Sections 1.1.9 and 1.2.1] to Regulation [Machinery Regulation proposal], as regards protection against corruption and safety and reliability of control systems, and in so far as the achievement of the level of protection required by those requirements is demonstrated in the EU declaration of conformity issued under this Regulation.deleted
2023/04/28
Committee: IMCO
Amendment 180 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
When placing a product with digital elements on the market, and for the expected product lifetime at the time of placing that product on the market or for a period of five years from the placing of the product on the market, whichever is shorter, manufacturers shall ensure that vulnerabilities of that product are handled effectively and in accordance with the essential requirements set out in Section 2 of Annex I.
2023/04/28
Committee: IMCO
Amendment 193 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISA any actively exploitedwhen it has a reasonable belief that a critical or high vulnerability listed in the known exploited vulnerability catalogue referred to in paragraph 5a is present and exploitable in the product with digital elements, and after clear remediation guidance is made available, notify to ENISA such listed known vulnerability contained in the product with digital elements. The notification shall include details concerning that vulnerability and, where applicable, any corrective or mitigating measures taken. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notification to the CSIRT designated for the purposes of coordinated vulnerability disclosure in accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] of Member States concerned upon receipt and inform the market surveillance authority about the notified vulnerability.
2023/04/28
Committee: IMCO
Amendment 197 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISAwhen it has a reasonable belief that a significant incident has occurred, notify any incident having a significant impact on the security of the product with digital elements. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notificationdevelopment, build and distribution environment of the product with digital elements to the single point of contact designated in accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] of the Member States concerned and inform the market surveillance authority about the notified significant incidents. The significant incident notification shall include information on the severity and impact of the incidentstrictly necessary information to make the competent authority aware of the incident and allow the entity to seek assistance if requires and, where applicable, indicate whether the manufacturer suspects the incident to be caused by unlawful or malicious acts or considers it to have a cross-border impact. The mere act of notification shall not subject the notifying entity to increased liability.
2023/04/28
Committee: IMCO
Amendment 200 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. ENISA shall submit to the European cyber crisis liaison organisation network (EU-CyCLONe) established by Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] information notified pursuant to paragraphs 1 and 2 if such information is relevant for the coordinated management of large-scale cybersecurity significant incidents and crises at an operational level.
2023/04/28
Committee: IMCO
Amendment 203 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. The manufacturer shall inform, without undue delay and after becoming aware, the users of the product with digital elements about the, where appropriate and if likely to be adversely affected by the significant incident and, where necessary, about corrective measures that the user can deploy to mitigate the impact of the incident.
2023/04/28
Committee: IMCO
Amendment 206 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. ENISA, on the basis of the notifications received pursuant to paragraphs 1 and 2, shall prepare a biennial technical report on emerging trends regarding cybersecurity risks in products with digital elements and submit it to the Cooperation Group referred to in Article [Article X] of Directive [Directive XXX/XXXX (NIS2)]. The first such report shall be submitted within 24 months after the obligations laid down in paragraphs 1 and 2 start applying.
2023/04/28
Committee: IMCO
Amendment 216 #

2022/0272(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
1 a. The Commission shall, as provided in Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft harmonised standards for the requirements set out in Annex I.
2023/04/28
Committee: IMCO
Amendment 221 #

2022/0272(COD)

Proposal for a regulation
Article 19 – paragraph 1
Where harmonised standards referred to in Article 18 do not exist or where the Commission considers that the relevant harmonised standards are insufficient to satisfy the requirements of this Regulation or to comply with the standardisation request of the Commission, or where there are undue delays in the standardisation procedure or where the request for harmonised standards by1. The Commission may adopt implementing acts establishing common specifications covering technical requirements that provide a means to comply with the essential health and safety requirements set out in Annex I for products within the scope of this Regulation. Those implementing acts shall only be adopted where the following conditions are fulfilled: (a) the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft a harmonised standard for the essential requirements set out in Annex I and: (i) the request has not been accepted; or (ii) the harmonised standards addressing that request are not delivered within the deadline set in accordance with Article 10(1) of Regulation (EU) 1025/2012; or (iii) the harmonised standards do not comply with the request; and (b) no reference to harmonised standards covering the requirements set out in Annex I has been published in the Official Journal of the European Union in accordance with Regulation (EU) 1025/2012 and no such reference is expected to be published within a reasonable period. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3). 2. Before preparing the draft implementing act referred to in paragraph 3, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) 1025/2012 that it considers that the conditions in paragraph 3 have been fulfilled. 3. When preparing the draft implementing act referred to in paragraph 1, the Commission shas not been accell take into account the views of relevant bodies or the expert group and shall duly consult all relevant stakeholders. 4. Where a harmonised standard is adopted by thea European standardisation organisations, the Commission is empowered, by means of implementing acts, to adopt common specifications in respect of the essential requirements set out in Annex I. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2). and proposed to the Commission for the purpose of publishing its reference in the Official Journal of the European Union, the Commission shall assess the harmonised standard in accordance with Regulation (EU) 1025/2012. When reference of a harmonised standard is published in the Official Journal of the European Union, the Commission shall repeal the implementing acts referred to in paragraph 1, or parts thereof which cover the same requirements as those covered by that harmonised standard. 5. When a Member State considers that a common specification does not entirely satisfy the requirements set out in Annex I, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, if appropriate, amend the implementing act establishing the common specification in question.
2023/04/28
Committee: IMCO
Amendment 228 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 6 a (new)
6 a. The Commission shall present easy-to-understand guidelines for businesses with the requirements of this Regulation. When developing such guidelines, the Commission should take into consideration needs of SMEs so as to keep administrative and financial burdens to a minimum while facilitating their compliance with this Regulation. The Commission should consult relevant stakeholders, with expertise in the field of cybersecurity.
2023/04/28
Committee: IMCO
Amendment 231 #

2022/0272(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. For products with digital elements referred to in Articles 8 and 24(4) that are also subject to other Union acts, one single technical documentation shall be drawn up containing the information referred to in Annex V of this Regulation and the information required by those respective Union acts.
2023/04/28
Committee: IMCO
Amendment 232 #

2022/0272(COD)

Proposal for a regulation
Article 23 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by the elements to be included in the technical documentation set out in Annex V to take account of technological developments, as well as developments encountered in the implementation process of this Regulation.
2023/04/28
Committee: IMCO
Amendment 238 #

2022/0272(COD)

Proposal for a regulation
Article 24 – paragraph 4 a (new)
4 a. For products to which Union harmonisation legislation based on the New Legislative Framework apply, the manufacturer shall follow the relevant conformity assessment as required under those legal acts. The requirements set out in Chapter 3 shall apply to those products.
2023/04/28
Committee: IMCO
Amendment 242 #

2022/0272(COD)

Proposal for a regulation
Article 24 a (new)
Article 24 a Where products with digital elements have equitable hardware or software, one product model can be representative of a family of products for the purposes of the following conformity assessment procedures: (a) the internal control procedure (based on module A) set out in Annex VI; or (b) the EU-type examination procedure (based on module B) set out in Annex VI followed by conformity to EU-type based on internal production control (based on module C) set out in Annex VI.
2023/04/28
Committee: IMCO
Amendment 244 #

2022/0272(COD)

Proposal for a regulation
Article 27 – paragraph 5
5. A notifying authority shall safeguard the confidentiality of the information it obtains, especially trade secrets and proprietary information.
2023/04/28
Committee: IMCO
Amendment 245 #

2022/0272(COD)

Proposal for a regulation
Article 27 – paragraph 6 a (new)
6 a. A notifying authority shall be organised in such a way so that bureaucracy and fees are at an absolute minimum, especially for SMEs.
2023/04/28
Committee: IMCO
Amendment 246 #

2022/0272(COD)

Proposal for a regulation
Article 29 – paragraph 10
10. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Annex VI or any provision of national law giving effect to it, except in relation to the market surveillance authorities of the Member State in which its activities are carried out. Proprietary rights, trade secrets and other sensitive information shall be protected. The conformity assessment body shall have documented procedures ensuring compliance with this paragraph.
2023/04/28
Committee: IMCO
Amendment 247 #

2022/0272(COD)

Proposal for a regulation
Article 29 – paragraph 12
12. Conformity assessment bodies shall operate in accordance with a set of consistent, fair and reasonable terms and conditions, in particular taking into account the interests of SMEs in relation to fees and also respecting the confidentiality of trade secrets and proprietary information.
2023/04/28
Committee: IMCO
Amendment 250 #

2022/0272(COD)

Proposal for a regulation
Article 36 – paragraph 3
3. The Commission shall ensure that all trade secrets and sensitive information obtained in the course of its investigations is treated confidentially.
2023/04/28
Committee: IMCO
Amendment 251 #

2022/0272(COD)

Proposal for a regulation
Article 37 – paragraph 2
2. Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators, with special considerations for SMEs. Conformity assessment bodies shall perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.
2023/04/28
Committee: IMCO
Amendment 253 #

2022/0272(COD)

Proposal for a regulation
Article 39 – paragraph 1
The Commission shall provide for the organisation of exchange of experience between the Member States' national authorities responsible for notification policy. Experience and knowledge which also can facilitate corporate compliance must also be made publicly available by the Commission.
2023/04/28
Committee: IMCO
Amendment 254 #

2022/0272(COD)

Proposal for a regulation
Article 40 – paragraph 1
1. The Commission shall ensure that appropriate coordination and cooperation between notified bodies are put in place in a way that reduces bureaucracy and fees, and properly operated in the form of a cross-sectoral group of notified bodies.
2023/04/28
Committee: IMCO
Amendment 255 #

2022/0272(COD)

Proposal for a regulation
Article 40 – paragraph 2
2. Member States shall ensure that the bodies notified by them participate in the work of that group, directly or by means of designated representatives, in a way that reduces bureaucracy and fees.
2023/04/28
Committee: IMCO
Amendment 265 #

2022/0272(COD)

Proposal for a regulation
Article 42 – paragraph 1
Where necessary to assess the conformity of products with digital elements and the processes put in place by their manufacturers with the essential requirements set out in Annex I and upon a reasoned request, the market surveillance authorities shall be granted access to the data required to assess the design, development, production and vulnerability handling of such products, including related internal documentation of the respective economic operator. Where appropriate, and in accordance with Article 52(1) point (a), this shall be in a secure, controlled environment determined by the manufacturer.
2023/04/28
Committee: IMCO
Amendment 296 #

2022/0272(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. EU type-examination certificates and approval decisions issued regarding cybersecurity requirements for products with digital elements that are subject to other Union harmonisation legislation shall remain valid until [42 months after the date of entry into force of this Regulation], unless they expire beforeafter that date, or unless otherwise specified in other Union legislation, in which case they shall remain valid as referred to in that Union legislation.
2023/04/28
Committee: IMCO
Amendment 302 #

2022/0272(COD)

Proposal for a regulation
Article 57 – paragraph 2
It shall apply from [248 months after the date of entry into force of this Regulation]. However Article 11 shall apply from [12 months after the date of entry into force of this Regulation].
2023/04/28
Committee: IMCO
Amendment 303 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 1 – point 2
(2) Products with digital elements shall be delivered without any known critical or high severity exploitable vulnerabilities;
2023/04/28
Committee: IMCO
Amendment 306 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 1 – point 3 – point a
(a) be delivered with a secure by default configuration, including the possibility to reset the product to its original state;
2023/04/28
Committee: IMCO
Amendment 309 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 1 – point 3 – point c
(c) protect the confidentiality of stored, transmitted or otherwise processed data, personal or other, such as by encryptingon, tokenization, compensating controls or other adequate protection of relevant data at rest or in transit by state of the art mechanisms;
2023/04/28
Committee: IMCO
Amendment 313 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 1 – point 3 – point i
(i) be designed, developed and produced to reduce the impact of an significant incident using appropriate exploitation mitigation mechanisms and techniques;
2023/04/28
Committee: IMCO
Amendment 315 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 1 – point 3 – point k
(k) ensure that vulnerabilities can be addressed through security updates, including, where applicable, separate from functionality updates and through automatic updates and the notification of available updates to users.
2023/04/28
Committee: IMCO
Amendment 318 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 2 – paragraph 1 – point 2
(2) in relation to the risks posed to the products with digital elements, address and remediate critical and high vulnerabilities without delay, including by providing security updates or document the reasons for not remediating the vulnerability;
2023/04/28
Committee: IMCO
Amendment 319 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 2 – paragraph 1 – point 4
(4) once a security update has been made available, publically or according to industry best practice disclose information about fixed known vulnerabilities, including a description of the vulnerabilities, information allowing users to identify the product with digital elements affected, the impacts of the vulnerabilities, their severity and information helping users to remediate the vulnerabilities;
2023/04/28
Committee: IMCO
Amendment 321 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 2 – paragraph 1 – point 4 a (new)
(4 a) Information regarding fixes and vulnerabilities is shared and disclosed in a controlled way, respecting principles of ‘harm reduction’ and trade secrets through responsible disclosure of vulnerabilities to the actors who can act to mitigate the vulnerability, and that it is not made publicly available to avoid the risk of inadvertently informing potential attackers;
2023/04/28
Committee: IMCO
Amendment 323 #

2022/0272(COD)

Proposal for a regulation
Annex I – Part 2 – paragraph 1 – point 8
(8) ensure that, where security patches or updates arcan reasonably be made available to address identified security issues, theyre is a means by which users can obtain them are disseminated without delay and free of charge or at a transparent and non-discriminatory cost, accompanied by advisory messages providing users with the relevant information, including on potential action to be taken.
2023/04/28
Committee: IMCO
Amendment 329 #

2022/0272(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 9 – point a
(a) the necessary measures during initial commissioning and throughout the lifetime of the product to ensure its secure use;deleted
2023/04/28
Committee: IMCO
Amendment 330 #

2022/0272(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 9 – point b
(b) how changes to the product can affect the security of data;deleted
2023/04/28
Committee: IMCO
Amendment 332 #

2022/0272(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 9 – point d
(d) the secure decommissioning of the product, including information on how user data can be securely removdeleted.
2023/04/28
Committee: IMCO
Amendment 345 #

2022/0272(COD)

Proposal for a regulation
Annex V – paragraph 1 – point 2 – point a
(a) complete information on the design and development of the product with digital elements, including, where applicable, drawings and schemes and/or a description of the system architecture explaining how software components build on or feed into each other and integrate into the overall processing;deleted
2023/04/28
Committee: IMCO
Amendment 346 #

2022/0272(COD)

Proposal for a regulation
Annex V – paragraph 1 – point 3
3. an statement or a summary of the cybersecurity risks against which the product with digital elements is designed, developed, produced, delivered and maintained as laid down in Article 10 of this Regulation and, further to a reasoned request from a market surveillance authority, provided that it is necessary in order for this authority to be able to check compliance with the essential requirements set out in Annex I, a detailed assessment of the cybersecurity risks against which the product with digital elements is designed, developed, produced, delivered and maintained as laid down in Article 10 of this Regulation;
2023/04/28
Committee: IMCO
Amendment 128 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 148 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 151 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 170 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 173 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 185 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 188 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 204 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 219 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 238 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 256 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 263 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 282 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 291 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 298 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 352 #

2022/0269(COD)

Proposal for a regulation
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;
2023/06/09
Committee: INTAIMCO
Amendment 355 #

2022/0269(COD)

Proposal for a regulation
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)
2023/06/09
Committee: INTAIMCO
Amendment 373 #

2022/0269(COD)

Proposal for a regulation
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:
2023/06/15
Committee: INTAIMCO
Amendment 385 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/15
Committee: INTAIMCO
Amendment 393 #

2022/0269(COD)

Proposal for a regulation
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:
2023/06/15
Committee: INTAIMCO
Amendment 394 #

2022/0269(COD)

Proposal for a regulation
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;
2023/06/15
Committee: INTAIMCO
Amendment 399 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/15
Committee: INTAIMCO
Amendment 424 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/15
Committee: INTAIMCO
Amendment 458 #

2022/0269(COD)

Proposal for a regulation
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
2023/06/15
Committee: INTAIMCO
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.
2023/06/15
Committee: INTAIMCO
Amendment 476 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/15
Committee: INTAIMCO
Amendment 488 #

2022/0269(COD)

Proposal for a regulation
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).
2023/06/15
Committee: INTAIMCO
Amendment 492 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Notwithstanding paragraph 1, competent authorities may establish that Article 3 has been violated on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 5(3) or (6).deleted
2023/06/15
Committee: INTAIMCO
Amendment 505 #

2022/0269(COD)

Proposal for a regulation
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;
2023/06/15
Committee: INTAIMCO
Amendment 508 #

2022/0269(COD)

Proposal for a regulation
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;
2023/06/15
Committee: INTAIMCO
Amendment 512 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/15
Committee: INTAIMCO
Amendment 542 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/15
Committee: INTAIMCO
Amendment 553 #

2022/0269(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the findings of the investigation and the information underpinning the findings;evidence that justifies the decision.
2023/06/15
Committee: INTAIMCO
Amendment 579 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/15
Committee: INTAIMCO
Amendment 594 #

2022/0269(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point g a (new)
(ga) any court decision to annul competent authority decision referred to in Article 8(5);
2023/06/09
Committee: INTAIMCO
Amendment 598 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 613 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 642 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 645 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 661 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 692 #

2022/0269(COD)

Proposal for a regulation
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;
2023/06/09
Committee: INTAIMCO
Amendment 706 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 734 #

2022/0269(COD)

Proposal for a regulation
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;
2023/06/09
Committee: INTAIMCO
Amendment 740 #

2022/0269(COD)

Proposal for a regulation
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;
2023/06/09
Committee: INTAIMCO
Amendment 741 #

2022/0269(COD)

Proposal for a regulation
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;
2023/06/09
Committee: INTAIMCO
Amendment 747 #

2022/0269(COD)

Proposal for a regulation
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;
2023/06/09
Committee: INTAIMCO
Amendment 750 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point d a (new)
(da) the guidelines should be consistent with guidance provided in accordance with relevant Union legislation;
2023/06/09
Committee: INTAIMCO
Amendment 751 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 757 #

2022/0269(COD)

Proposal for a regulation
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;
2023/06/09
Committee: INTAIMCO
Amendment 759 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 774 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 779 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
(fa) identify discrepancies between enforcement at the level of different EU Member States;
2023/06/09
Committee: INTAIMCO
Amendment 781 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)
(fb) provide recommendations to the Commission and the European External Action Service (EEAS) to address identified systemic cases of forced labour in third countries and/or the Member States of the European Union;
2023/06/09
Committee: INTAIMCO
Amendment 784 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 796 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 806 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 811 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 821 #

2022/0269(COD)

Proposal for a regulation
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.
2023/06/09
Committee: INTAIMCO
Amendment 827 #

2022/0269(COD)

Proposal for a regulation
Article 30 a (new)
Article30a Impact Assessment No later than 6 months after the entry into force of this Regulation, the Commission shall draw up an impact assessment.
2023/06/09
Committee: INTAIMCO
Amendment 831 #

2022/0269(COD)

Proposal for a regulation
Article 31 a (new)
Article31a Review and reporting No later than three years after the application of this Regulation, and every three years thereafter, the Commission shall review 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 objectives of prohibiting products made with forced labour in the Union market; b) the cost-benefit and effectiveness of this Regulation; c) the overall impact on eradicating forced labour; d) the impact of this regulation on SMEs and micro enterprises; e) the alignment with other legislations, particularly on CSDDD, deforestation and batteries regulation; f) the impact on trade and the competitiveness of the Union’s industry; g) the impact in terms of administrative burdens for the economic operators and Member States' authorities. Where the Commission considers it appropriate, the report shall be accompanied by relevant legislative proposals or repeal of the existing regulation.
2023/06/09
Committee: INTAIMCO
Amendment 36 #

2022/0219(COD)

Proposal for a regulation
Recital 18
(18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to control or restriction by a non-assoa use restriction by a non-associated third country or a non-associated third country entity. In urgent cases, this requirement should not apply if the procured products were in use prior to 24 February 2022 within the armed forces of at least one of the member states participating in the common procurement. Where the derogation applies, countries participated third country or a non-associated third country entitying in the common procurement should study the feasibility of replacing the components causing the restriction by restriction-free components from the Union or associated third countries and submit their findings to the Commission. The Commission should provide a non-confidential summary of all such findings in the report referred to in article 12 to help identify technological gaps in the European Defence Technological and Industrial Base .
2023/02/01
Committee: IMCO
Amendment 47 #

2022/0219(COD)

Proposal for a regulation
Recital 22
(22) Member States should appoint a procurement agent to conduct a common procurement on their behalf. The procurement agent should be a contracting authority established in a Member State or an associated third country, including Union bodies or international organisations, such as the Organisation Conjointe de Coopération en matière d'ARmement (OCCAR) or the NATO Support and Procurement Agency (NSPA).
2023/02/01
Committee: IMCO
Amendment 52 #

2022/0219(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the actions shall involve cooperation between eligible entities as referred to in Article 9 for common procurement of the most urgent and critical defence products between eligible entities implementing the objectives referred to in Article 3;
2023/02/01
Committee: IMCO
Amendment 61 #

2022/0219(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
1 a. Third countries that are candidates for accession to the European Union may also be associated to the eligible actions under paragraph 1 of this article, provided that the Member States participating in the common procurement unanimously agree to it.
2023/02/01
Committee: IMCO
Amendment 67 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Member States or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the countries participating Member Statesin the common procurement.
2023/02/01
Committee: IMCO
Amendment 70 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The procurement procedures referred to in paragraph 1 shall be based on an agreement to be signed by the participating Member States with the procurement agent under the conditions set out in the work programme referred to in Article 11. The member states participating in the agreement may unanimously authorise the procurement agent to invite and enter into an agreement with third countries that are candidates for accession to the European Union to procure additional quantities of the procured product.
2023/02/01
Committee: IMCO
Amendment 75 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union. They shall not be subject to control by a non- associated third country or by a non- associated third country entity or have undergone a screening within the meaning of Regulation (EU) 2019/452 and where necessary, have taken mitigation measures.
2023/02/01
Committee: IMCO
Amendment 82 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement only if it provides guarantees verified and approved by the Member State or associated third country in which the contractor or subcontractor is established.
2023/02/01
Committee: IMCO
Amendment 83 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 7 – introductory part
7. The guarantees shall be based on a standardised template adopted by the Commission by means of an implementing act in accordance with Article 14 by [1 month after entry into force of this regulation]. The guarantees and the template shall be part of the tender specification. The guarantees shall in particular substantiate that, for the purposes of the common procurement, measures are in place to ensure that:
2023/02/01
Committee: IMCO
Amendment 91 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity. that limits member states' ability to use the defence product. By way of derogation from the previous sentence, in urgent cases, the requirement shall not apply if the procured products were already in use prior to 24 February 2022 within the armed forces of at least one member state participating in the common procurement. Where the derogation applies, countries participating in the common procurement shall study the feasibility of replacing the components causing the restriction by restriction-free components from the Union or associated third countries, and submit their findings to the Commission. The Commission shall provide a non- confidential summary of all such findings in the report referred to in article 12.
2023/02/01
Committee: IMCO
Amendment 103 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 10 – point a
(a) subcontractors with a direct contractual relationship to a contractor;deleted
2023/02/01
Committee: IMCO
Amendment 105 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 10 – point b
(b) other subcontractorentities to which at least 10 % of the work sharper cent of the contract value is allocated;
2023/02/01
Committee: IMCO
Amendment 109 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 10 a (new)
10 a. The cost of components originating in non-associated third countries shall not exceed 30 per cent of the value of the procured end product.
2023/02/01
Committee: IMCO
Amendment 117 #

2022/0219(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
(b a) procurement agents referred to in Article 2(5)
2023/02/01
Committee: IMCO
Amendment 129 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 4
4. the number of Member States or associated countries or third countries that are candidates for accession to the European Union participating in the common procurement;
2023/02/01
Committee: IMCO
Amendment 138 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
7 a. the participation of SMEs as contractors or subcontractors;
2023/02/01
Committee: IMCO
Amendment 168 #

2022/0155(COD)

Proposal for a regulation
Recital 5
(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to be misused for the purpose of online child sexual abuse. As they are increasingly misused for that purpose, those services should include publicly available interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those service as publicly available. As services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video-hosting are equally at risk of misuse, they should also be covered by this Regulation. However, g, in so far as they allow for the dissemination and exchange of images and videos uploaded by their users. Given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner.
2023/03/09
Committee: IMCO
Amendment 238 #

2022/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b
(b) obligations on relevant providers of hosting services and relevant providers of interpersonal communication services that allow the dissemination and sharing of images and videos to detect and report online child sexual abuse;
2023/03/09
Committee: IMCO
Amendment 248 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) ‘hosting service’ means an information society service as defined in Article 2, point (f), third indent, of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]; in so far they allow the dissemination and sharing of images and videos;
2023/03/09
Committee: IMCO
Amendment 253 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) ‘interpersonal communications service’ means a publicly available service as defined in Article 2, point 5, of Directive (EU) 2018/1972, including services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service in so far they allow the dissemination and sharing of images and videos;
2023/03/09
Committee: IMCO
Amendment 302 #

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

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

2022/0155(COD)

Proposal for a regulation
Article 10 a (new)
Article10a Safeguarding end-to-end encryption The integrity of end-to-end encryption services must be safeguarded. The detection obligations set out in this section shall therefore not apply to end-to-end encryption services. This includes, inter alia, no possibility within end-to-end encryption technology to build in so called ‘backdoors’ i.e. client-side scanning with side-channel leaks which could weaken the end-to-end encryption and lead to a third part getting access to private data. Client-side scanning, when a message is scanned twice, on sending and receiving, threatens the integrity and privacy of users. Such ‘backdoors’ shall not be built in on end-to-end encryption in the pursuit of enforcing this regulation.
2023/07/28
Committee: LIBE
Amendment 157 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 1 – subparagraph 2a (new)
If the consumer has not received the contractual terms and conditions or the information in accordance with Article 16a, the withdrawal period shall in any case expire 12 months and 14 days after the conclusion of the contract. This shall not apply if the consumer has not been informed at all about their right of withdrawal in accordance with Article 16(a) point (p). The period of withdrawal shall in any case lapse where both parties completely fulfilled the contract.
2023/01/18
Committee: IMCO
Amendment 174 #

2022/0140(COD)

Proposal for a regulation
Article 37 – paragraph 1 – point i
(i) supportthe data access bodies shall support with expertise the development of AI systems, the training, testing and validating of AI systems and the development of harmonised standards and guidelines under Regulation […] [AI Act COM/2021/206 final] for the training, testing and validation of AI systems in health;.
2023/03/09
Committee: IMCO
Amendment 176 #

2022/0140(COD)

Proposal for a regulation
Article 41 – paragraph 1
1. Where aA data holder is obliged to make electronic health data available under Article 33 or under other Union law or national legislation implementing Union law, it shall cooperate in good faitha methodical and supervised process with the health data access bodies, where relevant and other involved actors.
2023/03/09
Committee: IMCO
Amendment 178 #

2022/0140(COD)

Proposal for a regulation
Article 42 – paragraph 1
1. Health data access bodies and single data holders may charge fees for making electronic health data available for secondary use. Any fees shall include and be derived frombe proportionate in relation to the costs related to conducting the procedure for requests, including for assessing a data application or a data request, granting, refusing or amending a data permit pursuant to Articles 45 and 46 or providing an answer to a data request pursuant to Article 47, in accordance with Article 6 of Regulation […] [Data Governance Act COM/2020/767 final]
2023/03/09
Committee: IMCO
Amendment 186 #

2022/0140(COD)

Proposal for a regulation
Article 46 – paragraph 11
11. DHealth data users shall make public the results or output of the secondary use of electronic health data, including information relevant for the provision of healthcare, no later if possible, withain 18 months after the completion of the electronic health data processing or after having received the answer to the data request referred to in Article 47. Those results or output shall only contain anonymised data. The health data users shall inform the health data access bodies from which a data permit was obtained and support them to make the informationresults or output provided by the health data users public on health data access bodies’ websites. Whenever the data users have used electronic health data in accordance with this Chapter, they shall acknowledge the electronic health data sources and the fact that electronic health data has been obtained in the context of the EHDS.
2023/03/09
Committee: IMCO
Amendment 188 #

2022/0140(COD)

Proposal for a regulation
Article 52 – paragraph 1
1. Each Member State shallmay designate a national contact point for secondary use of electronic health data,. The national contact point shall be an organisational and technical gateway, enabling and responsible for making electronic health data available for secondary use in a cross- border context and shall communicate their names and contact details to the Commiss. The national contact point shall be constructed in close consultation with the data holders and data users of that specific Member State. Each Member State shall notify the Commission the name and contact details of the national contact point by the date of application of this Regulation. The national contact point may be the coordinator health data access body pursuant to Article 36. The Commission and the Member States shall make this information publicly available.
2023/03/09
Committee: IMCO
Amendment 190 #

2022/0140(COD)

Proposal for a regulation
Article 63 – paragraph 1
In the context of international access and transfer of personal electronic health data, Member States may maintain or introduce further conditions, including limitations, in accordance with and under the conditions of article 9(4) of the Regulation (EU) 2016/679. Such limitations shall not entail storage requirements for health data that can be lawfully transferred to third countries in accordance with the requirements under Regulation […] [Data Governance Act COM/2020/767 final] and Chapter V of Regulation (EU) 2016/679 or stricter conditions under national law.
2023/03/09
Committee: IMCO
Amendment 103 #

2022/0095(COD)

Proposal for a regulation
Recital 5
(5) This Regulation will contribute to making products fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints. By doing so, this Regulation should aim at supporting production and consumption patterns that are aligned with Union's overall sustainability targets, including climate, environmental, energy, resources-use and biodiversity. As this Regulation will establish provisions to extend the lifecycle of products, it should not impede the re- use of components or spare parts for repairing products.
2022/12/06
Committee: IMCO
Amendment 113 #

2022/0095(COD)

Proposal for a regulation
Recital 11
(11) In order to create an effective and future-proof regulatory framework, it is necessary to allow for the setting of ecodesign requirements on all physical goods placed on the market or put into service, including components and intermediate products. This should allow the Commissions to take into account the broadest range of products possible when prioritising the establishment of ecodesign requirements and thereby maximise their effectiveness. It is vital that duplication or overlap of regulation is avoided; for example, components should not be regulated as components as such and at the same time as part of finished products. Where needed, specific exemptions should be made when setting ecodesign requirements, for example for products with a particular purpose that could not be fulfilled when complying with ecodesgin requirements. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. _________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).
2022/12/06
Committee: IMCO
Amendment 145 #

2022/0095(COD)

Proposal for a regulation
Recital 43
(43) In addressing construction products, this Regulation should set requirements on final products only when the obligations created by [the revised Construction Products Regulation] and its implementation are unlikely to sufficiently achieve the environmental sustainability objectives pursued by this Regulation. In addition, wWhen formulating working plans, the Commission should take into account that, in continuation of current practice, [the revised Construction Products Regulation] will, in relation to energy- related products that are also construction products, give prevalence to sustainability requirements set under this Regulation. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products (excluding building- integrated photovoltaic panels). For these products, [the revised Construction Products Regulation] may intervene in a complementary manner where needed, mainly in relation to safety aspects, also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery.
2022/12/06
Committee: IMCO
Amendment 156 #

2022/0095(COD)

Proposal for a regulation
Recital 105 a (new)
(105 a)There are well-established already existing officially recognised EN ISO 14024 ecolabels in many Member States, well-known and with high confidence among the consumers. Therefore new labels should only be introduced, as referred in Article 7 (6) and Article 14, if there do not already exist such ecolabels for the product group.
2022/12/06
Committee: IMCO
Amendment 181 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product that has not been sold or unused consumer product that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
2022/12/06
Committee: IMCO
Amendment 182 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 45
(45) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market, including remanufactures and companies who repair, and upgrade products;
2022/12/06
Committee: IMCO
Amendment 193 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 59
(59) ‘product presenting a serious risk’ means a product presenting a risk for which, based on an assessment, the degree of the relevant non-compliance or the associated harm is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the non-compliance are not immediateas identified by the General product safety regulation (GSPR).
2022/12/06
Committee: IMCO
Amendment 196 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)
(59 a) "renewability" means the ability for a natural resource to replenish and recover over time
2022/12/06
Committee: IMCO
Amendment 197 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 59 b (new)
(59 b) "professional repairer" means an operator or undertaking which provides professional repair and maintenance services.
2022/12/06
Committee: IMCO
Amendment 212 #

2022/0095(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point a
(a) requiring manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available to the Commission or market surveillance authorities without request, in accordance with Article 30(3);
2022/12/06
Committee: IMCO
Amendment 216 #

2022/0095(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point d
(d) subject to privacy considerations, requiring manufacturers, their authorised representatives or importers to collect, anonymise, or report to the Commission the in-use data referred to in point (c), in accordance with Article 31(3);
2022/12/06
Committee: IMCO
Amendment 222 #

2022/0095(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point h a (new)
(h a) Delegated acts referred to in the first paragraph shall apply at the earliest 24 months after the entry into force of that delegated act.
2022/12/06
Committee: IMCO
Amendment 232 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point n – indent 1 (new)
- (o) products' renewability content;
2022/12/06
Committee: IMCO
Amendment 233 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point n – indent 2 (new)
- (p) renewable raw material used in products;
2022/12/06
Committee: IMCO
Amendment 239 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3
A horizontal ecodesign requirement established pursuant to the second subparagraph may, in well-justified cases, cover products falling in the scope of a self-regulation measure established as a valid alternative pursuant to Article 18(3), where the Commission considers, following an assessment and following consultation with relevant Union decentralised agencies, that that self- regulation measure does not sufficiently, address the product aspect covered by that horizontal ecodesign requirement.
2022/12/06
Committee: IMCO
Amendment 242 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1, to ensure harmonisation and avoid duplication or overlaps of regulation;
2022/12/06
Committee: IMCO
Amendment 243 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point a – point v
(v) relevant European and international standards that are widely used or mandatory product-specific standards;
2022/12/06
Committee: IMCO
Amendment 246 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)
(v a) appropriate consultations, including at expert level.
2022/12/06
Committee: IMCO
Amendment 256 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 6 – point a
(a) provide, upon request, manufacturers, notified bodies and competent national authorities with available information relatedavailable to their supplies or services that is relevant in order to verify compliance with ecodesign requirementsy chain actor in accordance with the Digital Product Passport of the product category in question, according to Article 8;
2022/12/06
Committee: IMCO
Amendment 258 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 6 a (new)
6 a. Supply chain actors shall ensure that necessary information is provided to enable the economic operators to comply with the performance and information requirements set out by Article 6 and 7 of this Ecodesign Framework Regulation and subsequent product specific delegated acts.
2022/12/06
Committee: IMCO
Amendment 272 #

2022/0095(COD)

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point d
(d) on a label referred to in Article 14 provided that there does not already exist an officially recognised EN ISO14024 type I ecolabel for the product group;
2022/12/06
Committee: IMCO
Amendment 275 #

2022/0095(COD)

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point f a (new)
(f a) in accordance with information provision measures established in the Directive (EU) 2019/882 European Accessibility Act.
2022/12/06
Committee: IMCO
Amendment 276 #

2022/0095(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. The information to be supplied pursuant to information requirements shall be provided in a language which can be easily understood by consumers and other end-users, as determined by the Member State in which the product is to be made available on the market or put into service. When data is required from actors in the supply chain, industry standard guidelines should be established by the industry to ensure efficient and accurate transfer of information throughout the entire supply chain.
2022/12/06
Committee: IMCO
Amendment 279 #

2022/0095(COD)

Proposal for a regulation
Article 7 – paragraph 7 a (new)
7 a. Products manufactured for a manufacturer's own use and put into service shall be excluded from the requirements established pursuant to this article.
2022/12/06
Committee: IMCO
Amendment 282 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The information requirements referred to in Article 7(1) shallmay provide that products can only be placed on the market or put into service if a product passport is available in accordance with the applicable delegated act adopted pursuant to Article 4 and Articles 9 and 10.
2022/12/06
Committee: IMCO
Amendment 286 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point d
(d) whether the product passport is to correspond to the model, or batch, or item level;
2022/12/06
Committee: IMCO
Amendment 287 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point e
(e) the manner in which the non- confidential information contained in the product passport shall be made accessible to customers before they are bound by a sales contract, including in case of distance selling, in line with Directive (EU) 2019/882 European Accessibility Act;
2022/12/06
Committee: IMCO
Amendment 290 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point f
(f) the actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, professional repairers, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;
2022/12/06
Committee: IMCO
Amendment 293 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point g
(g) the actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, and what information they may introduce or update, including manufacturers, professional repairers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf;
2022/12/06
Committee: IMCO
Amendment 295 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point h a (new)
(h a) when and under which circumstances the information in the product passport shall be updated and by whom;
2022/12/06
Committee: IMCO
Amendment 296 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point h b (new)
(h b) until when the specifications of the product passport remain in force;
2022/12/06
Committee: IMCO
Amendment 299 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point a
(a) ensure that actors along the value chain, in particular consumers, economic operators and competent national authorities, can access product information relevabe justified to significantly improve the environmental sustainability of products and to ensure free movement toin them internal market;
2022/12/06
Committee: IMCO
Amendment 301 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point b
(b) facilitate the verification of product compliance by competent national authorities with one single instrument; and
2022/12/06
Committee: IMCO
Amendment 305 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
(c a) improve traceability of products along the value chain without compromising data security of economical actors. To protect confidential business information and comply with requirement (b) of paragraph 3, actors in the value chains should make a specific request to the manufacturer when the information cannot be shared publicly, and the information needs to be in shared in a secure way.
2022/12/06
Committee: IMCO
Amendment 311 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 4 – point a
(a) technical specifications are not available in relation to the essential requirements included in Article 10, including second hand products that were originally placed on the market before the enforcement of this Regulation; or
2022/12/06
Committee: IMCO
Amendment 314 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 4 – point b a (new)
(b a) products are second-hand, refurbished, repaired, unique or handmade.
2022/12/06
Committee: IMCO
Amendment 320 #

2022/0095(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point d
(d) all information included in the product passport shall be based on open, standards, developed with an inter-operable format and shall be machine-readable, structured, and searchable, in accordance with the essential requirements set out in Article 10 and respecting trade secrets and proprietary information;
2022/12/06
Committee: IMCO
Amendment 321 #

2022/0095(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point e
(e) the information included in the product passport shall refer to the product model, or batch, or item as specified in the delegated act adopted pursuant to Article 4;
2022/12/06
Committee: IMCO
Amendment 324 #

2022/0095(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)
where relevant, it shall rely on existing databases, including Substances of Concern in articles as such or in complex objects (Products) and the European Product Registry for Energy labelling and established industry solutions
2022/12/06
Committee: IMCO
Amendment 325 #

2022/0095(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1 a. Where relevant, the product passport shall rely on existing databases, including Substances of Concern in articles as such orin complex objects (Products) and the European Product Registry for Energy labelling and established industry solutions
2022/12/06
Committee: IMCO
Amendment 330 #

2022/0095(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point f
(f) the rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to Article 4, with specific consideration of information that constitutes trade secrets or propriertary information;
2022/12/06
Committee: IMCO
Amendment 336 #

2022/0095(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point c
(c) the manner in which the label shall be displayed to customers including in case of distance selling, taking into account the requirements set out in Article 26 and relevant, measures established in Directive (EU) 2019/882, and the implications for the relevant economic operators;
2022/12/06
Committee: IMCO
Amendment 345 #

2022/0095(COD)

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
(a) health and, safety concernand hygiene concerns, including of counterfeit goods;
2022/12/06
Committee: IMCO
Amendment 352 #

2022/0095(COD)

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point d a (new)
(d a) Products that have exceeded their expiry date or shelf life.
2022/12/06
Committee: IMCO
Amendment 358 #

2022/0095(COD)

Proposal for a regulation
Article 21 – paragraph 7
7. Manufacturers shall ensure that that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii). The instructions shall be included in the digital product passport or, where applicable, in another appropriate format.
2022/12/06
Committee: IMCO
Amendment 378 #

2022/0095(COD)

Proposal for a regulation
Article 24 – paragraph 2 – point b
(b) the product is accompanied by the required documents and by instructions, to enable the consumer to assemble, install, operate, store, maintain, and dispose of the product, in a language that can be easily understood by consumers and other end- users, as determined by the Member State in which the product is to be made available on the market, and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b), point (ii), as laid down in the delegated act adopted pursuant to Article 4. The documents and instructions shall be included in the digital product passport or, where applicable, in another appropriate format;
2022/12/06
Committee: IMCO
Amendment 389 #

2022/0095(COD)

Proposal for a regulation
Article 26 – paragraph 4 – point b
(b) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label. These provisions are without prejudice to the EU Ecolabel and other state commissioned type l-ecolabels (ISO 14024).
2022/12/06
Committee: IMCO
Amendment 398 #

2022/0095(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point e a (new)
(e a) The frequency and depth of information to be provided to market surveillance authorities shall be proportionate to the nature of information requested. A request and approval process shall be introduced to ensure online marketplaces manage traffic appropriately.
2022/12/06
Committee: IMCO
Amendment 406 #

2022/0095(COD)

Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 3
In particular, where delegated acts adopted pursuant to Article 4 require online visual advertising for certain products to be accompanied by online electronic information to be displayed on the display mechanismeasily accessible, online marketplaces shall enable dealers to show it. This obligation shall also apply to online search engines and other online platforms that provide online visual advertising for the products concerned.
2022/12/06
Committee: IMCO
Amendment 409 #

2022/0095(COD)

Proposal for a regulation
Article 29 – paragraph 2 a (new)
2 a. Without prejudice to Article 29 (1), these rules shall not: (a) Require online marketplaces to proactively ensure compliance with all the products sold by third-party sellers on its marketplaces; (b) introduce monitoring obligations that go further than existing EU framework legislation
2022/12/06
Committee: IMCO
Amendment 426 #

2022/0095(COD)

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part
When requiring, upon a reasoned request from a relevant national competent authority, manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:
2022/12/06
Committee: IMCO
Amendment 432 #

2022/0095(COD)

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3
The Commission shall ensure that the resulting data is processed securely and in compliance with Union law and that any publication of the resulting data by the Commission is aggregated.
2022/12/06
Committee: IMCO
Amendment 433 #

2022/0095(COD)

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b
(b) the technical feasibility of recording in-use data taking into account cost, cybersecurity, data protection and data storage;
2022/12/06
Committee: IMCO
Amendment 434 #

2022/0095(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and calculations shall be made using actionable, reliable, accurate and reproducible and standardised methods that take into account the generally recognised state-of-the art methods. Such methods shall fulfil the test, measurement and calculation requirements set out in the relevant delegated acts adopted pursuant to Article 4. The methods shall be based on relevant Union law, or, where this is not applicable, on European or international standards.
2022/12/06
Committee: IMCO
Amendment 437 #

2022/0095(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Products falling within the scope of a delegated act adopted pursuant to Article 4 shall not be placed on the market or put into service if they are designed to, or components, parts, software or other elements are added or installed at a later point in time to, alter their behaviour or properties when they are tested in order to reach a more favourable result for any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by which the products are covered.
2022/12/06
Committee: IMCO
Amendment 438 #

2022/0095(COD)

Proposal for a regulation
Article 33 – paragraph 4
4. Software or firmware updates shall not worsen product performance in relation to any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by which the products are covered or the functional performance from the perspective of the user when measured with the test method used for the conformity assessment, except with explicit consent of the end- user prior to the update. No performance change shall occur as a result of rejecting the update. Software or firmware updates shall not worsen performance referred to in the first subparagraph to the extent that the product becomes non-compliant with the requirements set out in delegated acts adopted pursuant to Article 4 applicable at the time of the placing on the market or putting into service of the product.deleted
2022/12/06
Committee: IMCO
Amendment 440 #

2022/0095(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. Products covered by a delegated act adopted pursuant to Article 4, which have been awarded the EU Ecolabel pursuant to Regulation (EC) No 66/2010, or other public authority commissioned type l- ecolabels, shall be presumed to comply with the ecodesign requirements set out in that delegated act in so far as those requirements are covered by the EU Ecolabel criteria established according to Article 16(2) of Regulation (EC) No 66/2010.
2022/12/06
Committee: IMCO
Amendment 444 #

2022/0095(COD)

Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, where there is agreement with the standardization organisations that is appropriate, adopt implementing acts laying down common specifications for ecodesign requirements, the essential requirements for product passports referred to in Article10 or for test, measurement or calculation methods referred to in Article 32, in the following situations:
2022/12/06
Committee: IMCO
Amendment 445 #

2022/0095(COD)

Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(3). Any common specifications that are drafted should be withdrawn when a new standard is adopted.
2022/12/06
Committee: IMCO
Amendment 450 #

2022/0095(COD)

Proposal for a regulation
Article 41 – paragraph 1
Member States shall notify the Commission and the other Member States of bodies authorised to carry out the third- party conformity assessment tasks when provided for under the delegated acts adopted pursuant to Article 4.
2022/12/06
Committee: IMCO
Amendment 451 #

2022/0095(COD)

Proposal for a regulation
Article 53 – paragraph 3
3. Where a notified body finds that a manufacturer does not meet the relevant requirements or corresponding harmonised standards, common specifications or other technical specifications, it shall require that manufacturer to take appropriate corrective measures within a reasonable period of time in view of a second and final conformity assessment, unless the deficiencies cannot be remedied, in which case it shall not issue a certificate or approval decision.
2022/12/06
Committee: IMCO
Amendment 452 #

2022/0095(COD)

Proposal for a regulation
Article 53 – paragraph 4
4. Where, in the course of the monitoring of conformity following the issue of a certificate or approval decision, a notified body finds that a product or the manufacturer does not comply or no longer complies, it shall require the manufacturer to take appropriate corrective measures within a reasonable period of time and shall suspend or withdraw the certificate or approval decision if necessary.
2022/12/06
Committee: IMCO
Amendment 454 #

2022/0095(COD)

Proposal for a regulation
Article 58
1. Requirements pursuant to Article 4, third subparagraph, point (h) for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, may take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate. 2. When establishing requirements pursuant to Article 4, third subparagraph, point (h), for public contracts, the Commission shall take into account the following criteria: (a) the value and volume of public contracts awarded for that given product group or for the services or works using the given product group; (b) the need to ensure sufficient demand for more environmentally sustainable products; (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs.Article 58 deleted Green public procurement
2022/12/06
Committee: IMCO
Amendment 455 #

2022/0095(COD)

Proposal for a regulation
Article 58 – paragraph 1
1. Requirements pursuant to Article 4, third subparagraph, point (h) for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, may take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.deleted
2022/12/06
Committee: IMCO
Amendment 457 #

2022/0095(COD)

Proposal for a regulation
Article 58 – paragraph 2
2. When establishing requirements pursuant to Article 4, third subparagraph, point (h), for public contracts, the Commission shall take into account the following criteria: (a) the value and volume of public contracts awarded for that given product group or for the services or works using the given product group; (b) the need to ensure sufficient demand for more environmentally sustainable products; (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs.deleted
2022/12/06
Committee: IMCO
Amendment 458 #

2022/0095(COD)

Proposal for a regulation
Article 58 – paragraph 2 – point a
(a) the value and volume of public contracts awarded for that given product group or for the services or works using the given product group;deleted
2022/12/06
Committee: IMCO
Amendment 459 #

2022/0095(COD)

Proposal for a regulation
Article 58 – paragraph 2 – point b
(b) the need to ensure sufficient demand for more environmentally sustainable products;deleted
2022/12/06
Committee: IMCO
Amendment 460 #

2022/0095(COD)

Proposal for a regulation
Article 58 – paragraph 2 – point c
(c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs.deleted
2022/12/06
Committee: IMCO
Amendment 350 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point a
(a) 3D-datasets placed on the market to permit the 3D-printing of construction products covered by this Regulation and 3D-printed construction products and moulds;deleted
2022/12/20
Committee: IMCO
Amendment 353 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point b
(b) materials intended to be used for the 3D-printing of construction products on or close to the construction site or for the manufacturing using moulds on or close to the construction site;deleted
2022/12/20
Committee: IMCO
Amendment 357 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point c
(c) construction products manufactured on the construction site for immediate incorporation into construction works, without separate commercial action for the placing on the market;deleted
2022/12/20
Committee: IMCO
Amendment 394 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. This Regulation also shall also apply to 3D-printing services of construction products and of items covered by this Regulation. 3D-printing services include renting out of 3D- printing machines that could be used for construction products and items covered by this Regulation. This Regulation shall also apply to services linked to: — the manufacturing and commercialisation of construction products and or items covered by this Regulation, and — to the de-installing, preparation for re- use, remanufacturing and dealing with used construction products or items covered by this Regulation.deleted
2022/12/20
Committee: IMCO
Amendment 401 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘construction product’ means any formed or formless physical item, including its packaging and instructions for use, or a kit or assembly combining such items, that isproduct or kit which is produced and placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items tand the performance of which hats are necessarily first integrated into an assembly, kit or on effect on the performance of ther construction product prior to being incorporated in a permanent manner inworks with respect to the basic requirements for construction works;
2022/12/20
Committee: IMCO
Amendment 420 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 9
(9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, the 3D- printing service provider, manufacturer, importer or distributor of materials intended for 3D-printing of products, online seller, the broker, the supplier, the service provider, the own-brand-labeller or any other natural or legal person, other than authorities, notified bodies, technical assessment bodies and product contact points for construction who is subject to this Regulation in relation to the manufacturing, de-installation for re-use, re-manufacturing or repackaging of products, or making those products available on the market or installing those products directly in accordance with this Regulation, and economic operators as defined in Article 3, point (13) of Regulation (EU) 2019/1020 of the European Parliament and of the Council44 ; _________________ 44 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).online seller, the broker,
2022/12/20
Committee: IMCO
Amendment 655 #

2022/0094(COD)

Proposal for a regulation
Article 18 – paragraph 1
Markings other than the CE marking, including private ones, may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. These restrictions does not comprise the EU Ecolabel and other state commissioned type I-ecolabels (ISO 14024)
2022/12/20
Committee: IMCO
Amendment 685 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 2
The manufacturer shall in the same way as set out in the first subparagraph label a product as “Only for professional use” if it is not intended for consumers or other non-professional users. Products not labelled “Only for professional use” shall be deemed to be also intended for non- professional users and consumers in the meaning of this Regulation and the Regulation (EU) … [Regulation on General Product Safety].deleted
2022/12/20
Committee: IMCO
Amendment 693 #

2022/0094(COD)

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point b
(b) under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials, renewable materials and materials gained from recycling;
2022/12/20
Committee: IMCO
Amendment 699 #

2022/0094(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The manufacturer shall affix the traffic light labelenvironmental sustainability label, which could include the traffic light label on products not intended for professional use, in the way set out in the delegated acts adopted in accordance with paragraph 5.
2022/12/20
Committee: IMCO
Amendment 700 #

2022/0094(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. A manufacturer may appoint, by a written mandate, any natural or legal person established within the Union as a single authorised representative. A manufacturer not established in the Union shall appoint a single authorised representative.
2022/12/20
Committee: IMCO
Amendment 713 #

2022/0094(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. The distributor shall ensure that no products are sold to consumers or other non-professional users which are labelled “for professional use only”. These products shall, in their premises, online and on paper publicity material, be presented as products for professional use only.deleted
2022/12/20
Committee: IMCO
Amendment 714 #

2022/0094(COD)

Proposal for a regulation
Article 26
[...]deleted
2022/12/20
Committee: IMCO
Amendment 728 #

2022/0094(COD)

Proposal for a regulation
Article 31
1. A manufacturer of double use products shall satisfy the obligations of this Regulation for all the items of the respective type, unless they are specifically marked as “not for construction”. 2. Other economic operators dealing with double use products shall fulfil the obligations incumbent on them in accordance with this Regulation. In their commercial contracts, they shall establish an obligation of their clients to do the same and not to sell or to use items for construction which are marked as “not for construction”. 3. For items suitable for construction for which the manufacturer has never intended such use and which, therefore, have not been CE-marked (“pseudo products”), other economic operators shall: (a) not acquire or sell them as items being intended for construction without undergoing the procedures set out in this Regulation to be undergone by manufacturers; (b) ensure by presentation that they cannot be understood as being intended for construction; and (c) establish a contractual obligation of their clients to do the same and not to use these items for construction.Article 31 deleted Double use and pseudo products
2022/12/20
Committee: IMCO
Amendment 829 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 3 a (new)
3 a. In spite of 1 and 2 above the Member States can always use officially recognised EN ISO 14024 ecolabels as a selection criteria in line with Directive 2014/24/EU article 43.
2022/12/20
Committee: IMCO
Amendment 830 #

2022/0094(COD)

Proposal for a regulation
Article 85
Regulatory status of products Upon a duly substantiated request of a Member State or on its own initiative, the Commission may, by means of implementing acts, determine whether or not a specific item, or category of items, falls within the definition of ‘construction product’ or constitute an item referred to in Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2) of this Regulation.Article 85 deleted
2022/12/20
Committee: IMCO
Amendment 887 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 2 – paragraph 2 – introductory part
Harmonised technical specifications shall to the extent possible cover the following essential characteristics related to life cycle assessment: in accordance with relevant CEN EPD standard:
2022/12/20
Committee: IMCO
Amendment 888 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part B
B 1. Products shall be designed and manufactured in such a way that: (a) they fulfil well their intended purpose; (b) the fulfilment of the declared performance is not impaired; (c) the fulfilment of the environmental and safety requirements set out in Part C is not impaired; (d) they work well when being used. 2. The product requirements referred to in point 1 shall be specified in harmonised technical specifications, including by specifying where necessary: (a) the use of specific materials which can be specified also in terms of their chemical composition; (b) specific dimensions and shapes of products or their components; (c) the use of certain components which can be specified also in terms of materials, dimensions and shapes; (d) the use of certain accessories and requirements for them; (e) a specific way of installation; (f) a specific way of maintenance; (g) periodic inspections. 3. Where these product requirements are necessary to ensure the performance with regard to a certain essential characteristic or the compliance with regard to a certain safety or environmental product requirement, this shall be specified in the harmonised technical specifications.deleted
2022/12/20
Committee: IMCO
Amendment 67 #

2022/0092(COD)

Proposal for a directive
Recital 3
(3) In order to deter traders from deceiving consumers as regards the environmental or social impact, durability or reparability of their products, including through the overall presentation of the products, Article 6(1) of Directive 2005/29/EC should be amended by adding the environmental or social impact, durdurability, reusability, recyclability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading, following a case-by-case assessment. Information provided by traders on the social sustainability of products, such as working conditions, charity contributions or animal welfare, should not mislead consumers either.
2022/11/24
Committee: IMCO
Amendment 79 #

2022/0092(COD)

Proposal for a directive
Recital 9
(9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium, such as the same advertising spot, product’s packaging or online selling interface. Where space limitations on the same medium exist, it should be possible to provide the specification through digital means. For example, the claim ‘biodegradable’, referring to a product, would be a generic claim, whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibition. It should not be considered a generic environmental claim or a sustainability label when an aggregator program, a filtering functionality, badges or visual representations in online selling interfaces provide consumers the possibility to access or to filter for products or services that are covered by sustainability labels or certification schemes.
2022/11/24
Committee: IMCO
Amendment 81 #

2022/0092(COD)

Proposal for a directive
Recital 9
(9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to thevague or non-specific environmental claim.s Examples of such genervague or non- specific environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such genervague or non-specific environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium or through digital means, such as the same advertising spot, product’s packaging or online selling interface. For example, the claim ‘biodegradable’, referring to a product, would be a genervague or non-specific claim, whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibition.
2022/11/24
Committee: IMCO
Amendment 83 #

2022/0092(COD)

Proposal for a directive
Recital 10
(10) Excellent environmental performance can be demonstrated by compliance with Regulation (EC) No 66/2010 of the European Parliament and of the Council22 , or officially recognised ecolabelling schemes in the Member States, or compliance with top environmental performance for a specific environmental aspect in accordance with other applicable Union laws, such as a class Arecognised environmental performance that corresponds with the two highest significantly populated classes of energy efficiency in accordance with Regulation (EU) 2017/1369 of the European Parliament and of the Council23 . The excellent environmental performance in question should be relevant to the claim. For example, a generic claim ‘energy efficient’ could be made based on excellent environmental performance in accordance with Regulation (EU) 2017/1369. By contrast, a genervague or non-specific claim ‘biodegradable’ could not be made based on excellent environmental performance in accordance with Regulation (EC) No 66/2010, insofar as there are no requirements for biodegradability in the specific EU Ecolabel criteria related to the product in question. __________________ 22 Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (Text with EEA relevance) (OJ L 27, 30.1.2010, p. 1). 23 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017).
2022/11/24
Committee: IMCO
Amendment 92 #

2022/0092(COD)

Proposal for a directive
Recital 15
(15) It should be prohibited to omit to inform the consumer that a software update, including a security update, will have a negatively impact the use, where relevant, on the durability of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. For example, when inviting consumers to update the operating system on their smartphone, the trader will have to inform the consumer, where relevant, if such an update will have a negatively impact on the functioningdurability of any of the features of the smartphone.
2022/11/24
Committee: IMCO
Amendment 93 #

2022/0092(COD)

Proposal for a directive
Recital 16
(16) It should also be prohibited to omit to inform the consumer about the existence of a feature of the good introduced to limit its durability. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition of omitting to inform consumers of such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).deleted
2022/11/24
Committee: IMCO
Amendment 97 #

2022/0092(COD)

Proposal for a directive
Recital 17
(17) Another practice which should be prohibited under Annex I to Directive 2005/29/EC is the practice of claiming that a good has a certain durability when it does not. That would be the case, for instance, when a trader informs consumers that a washing machine is expected to last a certain number of washing cycles, with normal expected use in accordance with instructions while the actual use of washing machine shows this is not the case.
2022/11/24
Committee: IMCO
Amendment 98 #

2022/0092(COD)

Proposal for a directive
Recital 18
(18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit presenting products as allowing repair when such repair is not possible provided the product has been used in accordance with expected as normal use, as well as omitting to inform consumers that it is not possible to repair goods in accordance with legal requirements.
2022/11/24
Committee: IMCO
Amendment 103 #

2022/0092(COD)

Proposal for a directive
Recital 20
(20) Another practice associated with early obsolescence which should be prohibited and added to the list in Annex I to Directive 2005/29/EC is inducing the consumer into replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. Such practices mislead the consumer into believing that the goods will no longer function unless their consumables are replaced, thus leading them to purchase more consumables than necessary. For example, the practice of urging the consumer, via the settings of the printer, to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited provided that the purpose is only to promote sales.
2022/11/24
Committee: IMCO
Amendment 112 #

2022/0092(COD)

Proposal for a directive
Recital 22
(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. Moreover, as regards goods with digital elements, digital content and digital services, consumers should be informed about the period of time during which free software updates can be expected to be are available. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers with pre- contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
2022/11/24
Committee: IMCO
Amendment 116 #

2022/0092(COD)

Proposal for a directive
Recital 24
(24) The problem of limited durability contrary to consumer expectations is most relevant for energy-using goods, which are goods that function from an external energy source. Consumers are also most interested in receiving information about the expected durability of this category of goods. For these reasons, only for this category of goods, consumers should be made aware that the information about the existence of a producer’s commercial guarantee of durability of more than two years has not been provided by the producer.deleted
2022/11/24
Committee: IMCO
Amendment 125 #

2022/0092(COD)

Proposal for a directive
Recital 29
(29) To promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer commitintends to provide software updates for such goods. However, to avoid overloading consumers with information, such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability, as that guarantee entails the provision of updates, including security updates, that are necessary to maintain the required functions and performance of goods with digital elements. Furthermore, information about the producer’s commitmentintentions to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which Article 7(3), point (a), of Directive (EU) 2019/771 applies. In contrast, there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, since for those contracts Article 7(3), point (b), of Directive (EU) 2019/771 specifies, by reference to Article 10 (2) or (5), the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates.
2022/11/24
Committee: IMCO
Amendment 128 #

2022/0092(COD)

Proposal for a directive
Recital 30
(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, commitintends to provide necessary software updates, including security updates, necessary to keep the digital content and digital services in conformity. Information about the provider’s commitmentintentions to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updates.
2022/11/24
Committee: IMCO
Amendment 133 #

2022/0092(COD)

Proposal for a directive
Recital 31
(31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should provide, before the conclusion of the contract, for all types of goods, where applicable, provide information about the reparability scofeatures of the good as provided by the producers, in accordance with Union law.
2022/11/24
Committee: IMCO
Amendment 135 #

2022/0092(COD)

Proposal for a directive
Recital 32
(32) Pursuant to Article 5(1), point (e), and Article 6(1), point (m), of Directive 2011/83/EU traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services, including repair services, where such services are provided. In addition, in order to ensure that consumers are well informed about the reparability of the goods they purchase, where a reparability score is not established in accordance with Union law, traders should provide, for all types of goods, other relevant repair information that is made available by the producer, such as information about the availability of spare parts, and a user and repair manual.
2022/11/24
Committee: IMCO
Amendment 138 #

2022/0092(COD)

Proposal for a directive
Recital 33
(33) Traders should provide consumers with information about the existence and duration of the producer’s commercial guarantee of durability, the minimum period for updates and the repair information other than the reparability score,necessary updates where the producer or provider of the digital content or digital service, when different from the trader, makes the relevant information available. In particular, as regards goods, the trader should convey to consumers the information that the producer has provided to the trader or has otherwise intended to make readily available to the consumer before the conclusion of the contract, by indicating it on the product itself, its packaging or tags and labels that the consumer would normally consult before concluding the contract. The trader should not be required to actively search for such information from the producer, for example, on the product-specific websiteor through digital means.
2022/11/24
Committee: IMCO
Amendment 142 #

2022/0092(COD)

Proposal for a directive
Recital 36 a (new)
(36a) The Commission should present easy-to-understand guidelines for businesses with the requirements of this Regulation. When developing such guidelines, the Commission should take into consideration needs of SMEs so as to keep administrative and financial burdens to a minimum while facilitating their compliance with this Regulation. The Commission should consult relevant stakeholders, with expertise in the field of marketing.
2022/11/24
Committee: IMCO
Amendment 143 #

2022/0092(COD)

Proposal for a directive
Recital 36 b (new)
(36b) Consumer-led review systems based on clear and transparent process can be considered a part of independent monitoring system.
2022/11/24
Committee: IMCO
Amendment 144 #

2022/0092(COD)

Proposal for a directive
Recital 36 c (new)
(36c) Sustainability labels established by public authorities should be accessible to all businesses regardless of their size and financial capability. Certification schemes and sustainability labels that foster the incremental uptake of sustainable practices by small and medium enterprises should be encouraged.
2022/11/24
Committee: IMCO
Amendment 153 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point q
(q) ‘generic environmental claim’ means any explicit environmental claim, not contained in a sustainability label, where the specification of the claim is not provided in clear and prominent terms on the same medium or through digital means where space limitations on the same medium would otherwise not allow for specification;
2022/11/24
Committee: IMCO
Amendment 162 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point s
(s) ‘certification scheme’ means a third-party verification scheme that is open to the participating traders under transparent, fair and non- discriminatory terms to all traders willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain requirements, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader;
2022/11/24
Committee: IMCO
Amendment 163 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point s
(s) ‘certification scheme’ means a third-party verification scheme that is open under transparent, fair and non- discriminatory terms to all traders and entities willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain requirements, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader; or entity.
2022/11/24
Committee: IMCO
Amendment 167 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point u
(u) ‘recognised excellent environmental performance’ means environmental performance compliant with Regulation (EC) 66/2010 of the European Parliament and of the Council*, with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in accordance with Article 11 of Regulation (EC) 66/2010, or top environmental performance in accordance with other applicable Union law; ______ * Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).
2022/11/24
Committee: IMCO
Amendment 172 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w
(w) ‘software update’ means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;
2022/11/24
Committee: IMCO
Amendment 178 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2005/29/EC
Article 6 – paragraph 1 – point b
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact where applicable or required by product-specific legislation, accessories, durability, and reparability where applicable or required by product-specific legislation, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;
2022/11/24
Committee: IMCO
Amendment 183 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact, accessories, durability, reparability, reusability, recyclability, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;
2022/11/24
Committee: IMCO
Amendment 187 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point d
(d) making an environmental claim related to future environmental performance without clear, objective and verifiable commitments and targets and without an independent monitoring system, such an independent monitoring system can be carried out by consumers who review, provided that it is based on a clear and transparent methodology;
2022/11/24
Committee: IMCO
Amendment 192 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point e
(e) advertising benefits for consumers that are considered as a common practice in the relevant market, provided it is used as a unique selling point.
2022/11/24
Committee: IMCO
Amendment 204 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 d
(14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on a method established in accordance with Union law;deleted
2022/11/24
Committee: IMCO
Amendment 212 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a – introductory part
(a) the following points (ea) to (ede) are inserted:
2022/11/24
Committee: IMCO
Amendment 221 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
(eb) for energy-using goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (e);deleted
2022/11/24
Committee: IMCO
Amendment 228 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e c
(ec) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer providesintends to provide necessary software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;
2022/11/24
Committee: IMCO
Amendment 230 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider providesintends to provide necessary software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;
2022/11/24
Committee: IMCO
Amendment 234 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point ed a (new)
(eda) The producer shall make available the information referred to in paragraph 1(ea), 1(eb) 1(ec) and 1(ed) to the trader. The producer shall make reasonable efforts to inform the trader of any changes or updates thereof. Where the producer does not make available the information or fails to inform the trader of any changes or updates, the trader shall not be held liable for failing to comply with paragraph 1(ea), 1(eb) 1(ec) and 1(ed).
2022/11/24
Committee: IMCO
Amendment 235 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b – introductory part
(b) the following points (i) and (j) areis added:
2022/11/24
Committee: IMCO
Amendment 236 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point i
(i) where applicable, the reparability score for the goods;deleted
2022/11/24
Committee: IMCO
Amendment 241 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j
(j) when point (i) is not applicable, information made available by the producer about the availability of spare parts, including the procedure of ordering them, and about the availability of a user and repair manual, where this is required by product-specific legislation.;
2022/11/24
Committee: IMCO
Amendment 242 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j
(j) when point (i) is not applicableapplicable and relevant, information made available by the producer about the availability of spare parts, including the procedure of ordering them, and about the availability of a user and repair manual.;
2022/11/24
Committee: IMCO
Amendment 247 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a – introductory part
(a) the following points (ma) to (mde) are inserted:
2022/11/24
Committee: IMCO
Amendment 252 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
(ma) for all types of goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration in units of timexpected under normal use in units of time in operating hours or in cycles of use, where that guarantee covers the entire good and has a duration of more than two years;
2022/11/24
Committee: IMCO
Amendment 262 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
(mc) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer provides necessary software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;
2022/11/24
Committee: IMCO
Amendment 265 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d
(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider providesintends to provide necessary software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;
2022/11/24
Committee: IMCO
Amendment 268 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point md a (new)
(mda) The producer shall make available the information referred to in paragraph 1(ea), 1(eb) 1(ec) and 1(ed) to the trader. The producer shall make reasonable efforts to inform the trader of any changes or updates thereof. Where the producer does not make available the information or fails to inform the trader of any changes or updates, the trader shall not be held liable for failing to comply with paragraph 1(ea), 1(eb) 1(ec) and 1(ed).
2022/11/24
Committee: IMCO
Amendment 269 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b – introductory part
(b) the following points (u) and (v) areis added:
2022/11/24
Committee: IMCO
Amendment 270 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point u
(u) where applicable, the reparability score for the goods;deleted
2022/11/24
Committee: IMCO
Amendment 276 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v
(v) when point (u) is not applicable, information made available by the producer about the availability of spare parts, including the procedure of ordering them, and about the availability of a user and repair manual, where this is required by product-specific legislation.;
2022/11/24
Committee: IMCO
Amendment 278 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v
(v) when point (u) is not applicableapplicable and relevant, information made available by the producer about the availability of spare parts, including the procedure of ordering them, and about the availability of a user and repair manual.;
2022/11/24
Committee: IMCO
Amendment 280 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v a (new)
(va) the place where the goods shall, where applicable, be returned to by the customer.
2022/11/24
Committee: IMCO
Amendment 324 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 e
23e. Omitting to inform the consumer about the existence of a feature of a good intentionally introduced to limit its durability.
2022/11/24
Committee: IMCO
Amendment 327 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 f
23f. Claiming that a good has a certain durability in terms of usage time or intensity when it evidently does not.
2022/11/24
Committee: IMCO
Amendment 332 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 h
23h. Inducing the consumer into replacing the consumables of a good earlier than for technical reasons is necessary, expect for precautions to ensure the appropriate levels of hygiene, safety and performance of a good.
2022/11/24
Committee: IMCO
Amendment 337 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i
23i. Omitting to inform that a good is intentionally designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer..
2022/11/24
Committee: IMCO
Amendment 484 #

2022/0066(COD)

Proposal for a directive
Recital 40
(40) Those measures should include, in particular, empowering national judicial authorities to issue orders to providers of intermediary services to remove, or also to disable access to, one or more specific items of the material in question. Those orders should be issued upon a sufficiently reasoned and substantiated request of the victim. Considering the speed with which such material can spread online and the time it can take to complete criminal proceedings against the persons suspected of having committed the relevant offences, it is necessary for the effective protection of the victims’ rights to provide for the possibility of issuing, subject to certain conditions, such orders by means of interim measures, even prior to the termination of such criminal proceedings. Where providers are not based within the territory of where a judicial order is granted, they will nevertheless be obliged to take down such material within the relevant territory.
2023/02/02
Committee: LIBEFEMM
Amendment 549 #

2022/0066(COD)

Proposal for a directive
Recital 52
(52) Member States should ensure that national helplines are operated under the EU-harmonised number [116016] or any other already existing number, and this number is widely advertised as a public number, free of charge and available round-the-clock. The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police. This specialist support helpline should be operated separately from other helpline(s) for victims of crime. Victims of violence against women and domestic violence, if calling a general victims helpline should be redirected to the specialist helpline operated under the EU-harmonised number for targeted counselling.
2023/02/02
Committee: LIBEFEMM
Amendment 684 #

2022/0066(COD)

Proposal for a directive
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex and other grounds so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7). In line with the principle of non-discrimination, in terms of protection of victims and access to justice, victim support, and prevention shall apply to all persons.
2023/02/02
Committee: LIBEFEMM
Amendment 846 #

2022/0066(COD)

Proposal for a directive
Article 7 a (new)
Article 7 a Cyber voyeurism Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) Recording an intimate image of another person or observing another person, for the purposees of obtaining sexual gratification, without that person's consent by means of information and communication technologies; (b) Installing equipment of information and communication technologies in order to record intimate images of another person or observe another person, for the purposes of obtaining sexual gratification, without that person's consent;
2023/02/02
Committee: LIBEFEMM
Amendment 1003 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent or serious risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a serious act of violence covered under this Directive has been committed or further serious acts of violence are to be expected.
2023/02/02
Committee: LIBEFEMM
Amendment 1012 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 4
4. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offenceProfessionals trained in working with children should assist in the reporting procedure to ensure it is the best interests of the child. If the offence directly or indirectly involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.
2023/02/02
Committee: LIBEFEMM
Amendment 1025 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient and specialised expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1063 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 3
3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the risk of bodily harm, the use of and access to weapons, the offender or suspect living with the victim, recent separation from an offender or suspect, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues including risk of suicide or behaviour of stalking.
2023/02/02
Committee: LIBEFEMM
Amendment 1126 #

2022/0066(COD)

Proposal for a directive
Article 21 – paragraph 1
1. Member States shall ensure that, in situations of immediate danger for the victim’s or their dependant’s health or safety, the competent authorities issue orders addressed at an offender or suspect of violence covered by this Directive to vacate the residence of the victim or their dependants for a sufficient period of time and to prohibit the offender or suspect from entering the residence or to enter the victim’s workplace or contacting the victim or their dependants in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence, and can be complementary to other orders outlined below.
2023/02/02
Committee: LIBEFEMM
Amendment 1210 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 1
1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8, point (c), and Articles 9 and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services, including in situations where the provider of intermediary services is not based on their territory.
2023/02/02
Committee: LIBEFEMM
Amendment 1224 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 6 a (new)
6a. Member States shall ensure that the non-compliance within a reasonable amount of time of the provider of intermediary services with the legal orders under paragraph 1 is sanctioned with effective, proportionate and dissuasive penalties.
2023/02/02
Committee: LIBEFEMM
Amendment 1230 #

2022/0066(COD)

Proposal for a directive
Article 26 – paragraph 1
1. Member States shall ensure that victims and their dependents have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1383 #

2022/0066(COD)

Proposal for a directive
Article 32 – paragraph 3
3. The shelters and other appropriate interim accommodations shall be available to victims regardless of their nationality, citizenship, place of residence or residence status. Specialised women's shelters shall be available in every region, with one family place per 10,000 head of population.
2023/02/02
Committee: LIBEFEMM
Amendment 1550 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 7 a (new)
7a. Procedures ensuring periodic and independent monitoring and evaluation of training outcomes and relevant follow up shall be put in place.
2023/02/02
Committee: LIBEFEMM
Amendment 1555 #

2022/0066(COD)

Proposal for a directive
Article 38 – paragraph 1
1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffending. Particular attention shall be paid to a victim's safety during such programmes, where interaction is required or there is proximity.
2023/02/02
Committee: LIBEFEMM
Amendment 1646 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 7 a (new)
7a. The collection of data under paragraph 1 shall be implemented independently from other data collection obligations under international and Union law.
2023/02/02
Committee: LIBEFEMM
Amendment 1660 #

2022/0066(COD)

Proposal for a directive
Article 49 – paragraph 1
Nothing in this Directive shall be construed as lowering, limiting or derogating from any of the rights and procedural safeguards that are guaranteed under binding international instruments for Member States and under the law of any Member State which provides a higher level of protection. Member States shall not lower that higher level of protection guaranteed at the time of entry into force of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 117 #

2022/0047(COD)

Proposal for a regulation
Recital 21
(21) Products may be designed to make certain data directly available from an on- device data storage or from a remote server to which the data are communicated. Access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. The server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider who functions as data holder. Data processors as defined in Regulation (EU) 2016/679 are by default not considered to act as data holders, unless specifically tasked by the data. They may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer.
2022/11/16
Committee: IMCO
Amendment 133 #

2022/0047(COD)

Proposal for a regulation
Recital 27 a (new)
(27a) In view of a better protection of trade secrets, this regulation should not be interpreted as giving a right to providers of related services or providers of cloud services to share data generated by the use of products and that are considered trade secrets, to data recipients without informing the manufacturer of such products. Such data holders should agree with the manufacturers the terms for making available that type of data.
2022/11/16
Committee: IMCO
Amendment 136 #

2022/0047(COD)

Proposal for a regulation
Recital 29
(29) A third party to whom data is made available may be an enterprise, a research organisation or a not-for-profit organisation. In making the data available to the third party, the data holderno part should not abuse its position to seek a competitive advantage in markets where the data holder and third party may be in direct competition. The data holderConcerned parties should not therefore use any data generated by the use of the product or related service in order to derive insights about the economic situation of the thirdanother party or its assets or production methods or the use in any other way that could undermine the commercial position of the thirdanother party on the markets it is active on.
2022/11/16
Committee: IMCO
Amendment 146 #

2022/0047(COD)

Proposal for a regulation
Recital 36
(36) Start-ups, small and medium-sized enterprises and companies from traditional sectors with less-developed digital capabilities struggle to obtain access to relevant data. This Regulation aims to facilitate access to data for these entities, while ensuring that the corresponding obligations are scoped as proportionately as possible to avoid overreach. At the same time, a small number of very large companies have emerged with considerable economic power in the digital economy through the accumulation and aggregation of vast volumes of data and the technological infrastructure for monetising them. These companies include undertakings that provide core platform services controlling whole platform ecosystems in the digital economy and whom existing or new market operators are unable to challenge or contest. The [Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act)] aims to redress these inefficiencies and imbalances by allowing the Commission to designate a provider as a “gatekeeper”, and imposes a number of obligations on such designated gatekeepers, including a prohibition to combine certain data without consent, and an obligation to ensure effective rights to data portability under Article 20 of Regulation (EU) 2016/679. Consistent with the [Regulation on contestable and fair markets in the digital sector (Digital Markets Act)], and given the unrivalled ability of these companies to acquire data, it would not be necessary to achieve the objective of this Regulation, and would thus be disproportionate in relation to data holders made subject to such obligations, to include such gatekeeper undertakings as beneficiaries of the data access right. This means that an undertaking providing core platform services that has been designated as a gatekeeper cannot request or be granted access to users’ data generated by the use of a product or related service or by a virtual assistant based on the provisions of Chapter II of this Regulation. An undertaking providing core platform services designated as a gatekeeper pursuant to Digital Markets Act should be understood to include all legal entities of a group of companies where one legal entity provides a core platform service. Furthermore, third parties to whom data are made available at the request of the user may not make the data available to a designated gatekeeper. For instance, the third party may not sub-contract the service provision to a gatekeeper. However, this does not prevent third parties from using data processing services offered by a designated gatekeeper. This exclusion of designated gatekeepers from the scope of the access right under this Regulation does not prevent these companies from obtaining data through other lawful meansmeans that they cannot receive data from the users and from third parties, but it should not prevent these companies from obtaining data through other lawful means, notably, through contractual agreements with manufacturers allowing that data from products they manufacture can be used by a gatekeeper company service , including when desired by a user of such products. The limitation on granting access to gatekeepers would not exclude them from the market and prevent them from offering its services, as voluntary agreements between them and the data holders remain unaffected.
2022/11/16
Committee: IMCO
Amendment 150 #

2022/0047(COD)

(37) GThis Regulation shall not prevent micro, small and medium enterprises to participate in the data practices, but given the current state of technology, it is overly burdensome to impose further design obligations in relation to products manufactured or designed and related services provided by micro and small enterprises. That is not the case, however, wWhere a micro or small enterprise is sub-contracted to manufacture or design a product. In such situations, the enterprise, which has sub-contracted to the micro or small enterprise, is able to compensate the sub-contractor appropriately. A micro or small enterprise may nevertheless be subject to the requirements laid down by this Regulation as data holder, where it is not the manufacturer of the product or a provider of related services. In order to increase and encourage micro, small and medium enterprises in the data economy Member states shall provide guidance to such enterprises.
2022/11/16
Committee: IMCO
Amendment 151 #

2022/0047(COD)

Proposal for a regulation
Recital 37
(37) GThis Regulation does not prevent micro and small enterprises to participate in the data sharing practices, however given the current state of technology, it is overly burdensome to impose further design obligations in relation to products manufactured or designed and related services provided by micro and small enterprises. That is not the case, however, wWhere a micro or small enterprise is sub-contracted to manufacture or design a product. In such situations, the enterprise, which has sub-contracted to the micro or small enterprise, is able to compensate the sub- contractor appropriately. A micro or small enterprise may nevertheless be subject to the requirements laid down by this Regulation as data holder, where it is not the manufacturer of the product or a provider of related services. In order to increase the participation of micro and small enterprises in the data economy Member States should provide guidance to such enterprises.
2022/11/16
Committee: IMCO
Amendment 154 #

2022/0047(COD)

Proposal for a regulation
Recital 42
(42) In order to incentivise the continued investment in generating valuable data, including investments in relevant technical tools, this Regulation contains the principle that the data holder may request reasonable compensation when legally obliged to make data available to the data recipient. These provisions should not be understood as paying for the data itself, but in the case of micro, small or medium-sized enterprises and of research organisations using the data on a not-for-profit basis or in the context of a public-interest mission recognised in the Union or national law, for the costs incurred and investment required for making the data available.
2022/11/16
Committee: IMCO
Amendment 159 #

2022/0047(COD)

Proposal for a regulation
Recital 44
(44) To protect micro, small or medium- sized enterprises from excessive economic burdens which would make it commercially too difficult for them to develop and run innovative business models, the compensation for making data available to be paid by them should not exceed the direct cost of making the data available and be non-discriminatory. The same regime should apply to those research organisations that use the data on a not-for-profit basis or in the context of a public-interest mission recognised in the Union or national law.
2022/11/16
Committee: IMCO
Amendment 173 #

2022/0047(COD)

Proposal for a regulation
Recital 69
(69) The ability for customers of data processing services, including cloud and edge services, to switch from one data processing service to another, while maintaining a minimum functionality of service, or to use the services of several providers simultaneously without undue data transfer costs, is a key condition for a more competitive market with lower entry barriers for new service providers, and for ensuring further resilience for the users of these services. Guarantees for effective switching should be especially reinforced for customers benefiting from large-scale free-tier offerings, so that does not result in a lock-in situation for customers.
2022/11/16
Committee: IMCO
Amendment 176 #

2022/0047(COD)

Proposal for a regulation
Recital 69 a (new)
(69a) Switching charges are charges imposed by data processing providers to their customers for the switching process. Typically, those charges are intended to pass on costs, which the originating provider may incur because of the switching process, to the customer that wishes to switch. Examples of common switching charges are costs related to the transit of data from one provider to the other or to an on-premise system (‘data egress costs’) or the costs incurred for specific support actions during the switching process, for example in terms of additional human resources provided by the originating data processing service provider. Unnecessarily high “data egress fees” restrict free flow of data, restrict competition and can be an obstacle to compliance with existing EU regulations such as GDPR and ECJ’s rulings. Egress fees are charged to the clients by the cloud service providers of origin when they are willing to take their data out from a cloud provider’s network to an external location, especially when switching from one provider to one or several providers of destination, to relocate their data from one location to another while using the same cloud service provider, or when using the services of several providers simultaneously. Therefore, the gradual withdrawal of the charges associated with switching data processing services shall specifically include withdrawing “egress fees” charged by the data processing service to a customer.
2022/11/16
Committee: IMCO
Amendment 182 #

2022/0047(COD)

Proposal for a regulation
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The deployment models of cloud computing should include private, community, public and hybrid cloud. The aforementioned service and deployment models shall be the same as the defined in international standards. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset.
2022/11/16
Committee: IMCO
Amendment 183 #

2022/0047(COD)

Proposal for a regulation
Recital 71 a (new)
(71a) Data processing services fall into one or more of the following three data processing service delivery models: IaaS (infrastructure-as-a-service), PaaS (platform-as-a-service) and SaaS (software-as-a-service). These service delivery models indicate the level and type of computing resources (hardware and/or software) offered by the provider of a given service, relative to the computing resources that remain in control of the user of that service. In a much more detailed categorisation, data processing services can be categorised in a non- exhaustive multiplicity of different ‘service types’, meaning sets of data processing services that share the same primary objective and main functionalities.
2022/11/16
Committee: IMCO
Amendment 185 #

2022/0047(COD)

Proposal for a regulation
Recital 72
(72) This Regulation aims to facilitate switching between data processing services, which encompasses all conditions and actions that are necessary for a customer to terminate a contractual agreement of a data processing service, to conclude one or multiple new contracts with different providers of data processing services, to port all its digital assets, including data, to the concerned other providers and to continue to use them in the new environment while benefitting from functional equivalence, in a way that does not compromise innovation and competitiveness of European organizations in the global economy. Digital assets refer to elements in digital format for which the customer has the right of use, including data, applications, virtual machines and other manifestations of virtualisation technologies, such as containers. Functional equivalence means the maintenance of a minimum level of functionality of a service after switching, and should be deemed technically feasible whenever both the originating and the destination data processing services cover (in part or in whole) the same service typeSwitching is an operation consisting of four main successive steps: i) termination of contract; ii) data extraction, i.e downloading data from a originating provider’s ecosystem; iii) transformation, when the data is structured in a way that matches the schema of the target location; iv) load of the data in a new destination location. Obstacles of different natures may occur during the different steps of the switching process. Cloud service providers and clients have different levels of responsibilities, depending on the steps of the process referred to. Obstacles to switching are of different nature, depending on the step of the switching process it is referred to. Functional equivalence means the maintenance of a minimum level of functionality of a service after switching, and should be deemed technically feasible whenever both the originating and the destination data processing services cover (in part or in whole) the same service type. Services can only be expected to facilitate functional equivalence for the functionalities that both the originating and destination services offer. This Regulation does not instate an obligation of facilitating functional equivalence for data processing services of the PaaS and/or SaaS service delivery model. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching.
2022/11/16
Committee: IMCO
Amendment 206 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules on making data generated by the use of a product or related service available to the user of that product or service, on the making data available by data holders to data recipients, and on the making data available by data holders to public sector bodies or Union institutions, agencies or bodies, where there is an exceptional need, for the performance of a task carried out in the public interest:, on facilitating switching between data processing services, on introducing safeguards against unlawful third party access to non-personal data, and on providing for the development of interoperability standards for data to be transferred and used.
2022/11/16
Committee: IMCO
Amendment 207 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
1 a. This Regulation covers personal and non-personal data, including the following types of data or in the following contexts: (a) Chapter II applies to data concerning the performance, use and environment of products and related services; (b) Chapter III applies to any private sector data subject to statutory data sharing obligations; (c) Chapter IV applies to any private sector data accessed and used on the basis of contractual agreements between businesses; (d) Chapter V applies to any private sector data with a focus on non-personal data; (e) Chapter VI applies to any data processed between data processing services; (f) Chapter VII applies to any non- personal data held in the Union by providers of data processing services.
2022/11/16
Committee: IMCO
Amendment 216 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘data’ means any digital representation, including in the form of sound, visual or audio-visual recording of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording the form and format in which they are generated;
2022/11/16
Committee: IMCO
Amendment 236 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) ‘user’ means a natural or legal person, including a data subject, that owns, rents or leases a product or receives arelated services;
2022/11/16
Committee: IMCO
Amendment 243 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personal data and through control of the technical design of the product and related services, at the time the data is generated by the usage, the ability, to make available certain data;
2022/11/16
Committee: IMCO
Amendment 244 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personal data and through control of the technical design of the product and related services at the time the data generated by the usage, the ability, to make available certain data;
2022/11/16
Committee: IMCO
Amendment 252 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s), and which is determined according to the respective procedures under Union law;
2022/11/16
Committee: IMCO
Amendment 257 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
(12a) ‘on-premise’ means a digital data processing infrastructure operated by the customer itself to serve its own needs;
2022/11/16
Committee: IMCO
Amendment 268 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘functional equivalence’ means the maintenance of a minimum level of functionality in the environment of a new data processing service aftercontractually pre-defined functionality during the switching process, to such an extent that, in response to an input action by the user on core elements of the service, the destination service will deliver the same output at the same performance and with the same level of security, operational resilience and quality of service as the originating service at the time of termination of the contract;
2022/11/16
Committee: IMCO
Amendment 271 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘Switching’ shall be understood as the process enabling, for any client of a cloud service provider, to terminate contractual obligations and to extract, transform and load their data to another provider(s), including configurations where data transfers occur when clients of cloud service providers are using several providers simultaneously;
2022/11/16
Committee: IMCO
Amendment 275 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 20 b (new)
(20b) ‘egress fees’ refers to data transfer fees being charged to the clients of cloud service providers when they are willing to extract their data from a cloud provider’s network to an external location;
2022/11/16
Committee: IMCO
Amendment 277 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 20 c (new)
(20c) ‘Free-tier cloud services’ encompasses cloud services provided for no fee by the cloud service providers;
2022/11/16
Committee: IMCO
Amendment 295 #

2022/0047(COD)

(a) the nature and volume of the data likely to be generated by the use of the product or related service;
2022/11/16
Committee: IMCO
Amendment 303 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
(da) where the data holder is a provider of related services or a of cloud services, which terms it has agreed with the manufacturer for making available the data, which are considered trade secrets, to the user;
2022/11/16
Committee: IMCO
Amendment 332 #

2022/0047(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The third party shall not deploy coercive means or abuse evident gaps in the technical infrastructure of the data holder designed to protect the data in order to obtain access to data.
2022/11/16
Committee: IMCO
Amendment 363 #

2022/0047(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. A data holder shall not discriminate between comparable categories of data recipients, including partner enterprises or linked enterprises, as defined in Article 3 of the Annex to Recommendation 2003/361/EC, of the data holder, when making data available. Where a data recipient considershas a resonable doubt that the conditions under which data has been made available to it to be discriminatory, it shall be for the data holder and the data recipient to demonstrate that there has been no significant discrimination.
2022/11/16
Committee: IMCO
Amendment 365 #

2022/0047(COD)

Proposal for a regulation
Article 8 – paragraph 5 a (new)
5a. When a data holder is the provider of related services, it shall inform, without undue delay, the manufacturer of the product before making data, which are considered trade secrets, available to data recipients. The terms for making those data available shall be agreed with the manufacturer.
2022/11/16
Committee: IMCO
Amendment 369 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Any compensation agreed between a data holder and a data recipient for making data available shall be reasonoth be resonable and must cover the cost of making data available.
2022/11/16
Committee: IMCO
Amendment 371 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, or is a research organisation, and the data holder is not an SME, any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly.
2022/11/16
Committee: IMCO
Amendment 375 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. This Article shall not preclude other Union law or national legislation implementing Union law from excluding compensation for making data available or providing for lower compensation.deleted
2022/11/16
Committee: IMCO
Amendment 378 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. The data holder shall provide the data recipient with information setting out the basis for the calculation of the compensation in sufficient detail so that the data recipient can verify thatassess if the requirements of paragraph 1 and, where applicable, paragraph 2 are met.
2022/11/16
Committee: IMCO
Amendment 383 #

2022/0047(COD)

Proposal for a regulation
Article 10 – paragraph 8 a (new)
8a. During a dispute between data holder and data recipient, there are no obligations to make data available between disputing parties, unless otherwise agreed.
2022/11/16
Committee: IMCO
Amendment 387 #

2022/0047(COD)

Proposal for a regulation
Article 11 – paragraph 2 – introductory part
2. A data recipient that has, for the purposes of obtaining data, provided inaccurate or false information to the data holder, deployed deceptive or coercive means or abused evident gaps in the technical infrastructure of the data holder designed to protect the data, has used the data made available for unauthorised purposes or has disclosed those data to another party without the data holder’s authorisation, shall be liable for the damages to the party suffering from the misuse or disclosure of such data and may, without undue delay, unless the data holder or the user instruct otherwise:
2022/11/16
Committee: IMCO
Amendment 390 #

2022/0047(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Any contractual term in a data sharing agreement which, to the detriment of one party, or, where applicable, to the detriment of the user, excludes the application of this Chapter, derogates from it, or varies its effect, shall not be binding on that party. These obligations do not prevent the parties from entering into a mutual contract about data sharing.
2022/11/16
Committee: IMCO
Amendment 415 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point b
(b) where the data request is limited in time and scope and necessary to prevent a public emergency or to assist the recovery from a public emergency; or
2022/11/16
Committee: IMCO
Amendment 419 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c – point 1
(1) the public sector body or Union institution, agency or body has been unable to obtain such data by alternative means, including by purchasing the data on the market at market rates or by relying on existing obligations to make data available, and the adoption of new legislative measures cannot ensure the timely availability of the data; ordeleted
2022/11/16
Committee: IMCO
Amendment 424 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.deleted
2022/11/16
Committee: IMCO
Amendment 432 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) explain the purpose of the request, the intended use of the data requested, and the duration of that use and whether there are other areas use, and the duration of that use, and if applicable also the identity of the third party defined in Article 21 of this regulation ;
2022/11/16
Committee: IMCO
Amendment 434 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e a (new)
(ea) report to the data holder, within a reasonable time from the reception of the data and that shall not exceed six months, on how the data has been processed.
2022/11/16
Committee: IMCO
Amendment 436 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e b (new)
(eb) where applicable, specify the identity of the third party referred to in paragraph 4, and Article 21 of this Regulation
2022/11/16
Committee: IMCO
Amendment 443 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1
Paragraph 3 does not preclude a public sector body or a Union institution, agency or body to exchange data obtained pursuant to this Chapter with another public sector body, Union institution, agency or body, in view of completing the tasks in Article 15 or to make the data available to a third party in cases where it has outsourced, by means of a publicly available agreement, technical inspections or other functions to this third party. The obligations on public sector bodies, Union institutions, agencies or bodies pursuant to Article 19 apply also to that third party.
2022/11/16
Committee: IMCO
Amendment 444 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2 a (new)
Any third party is forbidden to use the data it receives from a public sector body or a Union institution, agency or body, to develop a product or a service that competes with the product or service from which the accessed data originate or share the data with another third party for that purpose.
2022/11/16
Committee: IMCO
Amendment 449 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 2 – introductory part
2. Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request within 15 working days following the receipt of a request for the data necessary to respond to a public emergency and within 1540 working days in other cases of exceptional need, on either of the following grounds:
2022/11/16
Committee: IMCO
Amendment 454 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 a (new)
1a. shall not under any circumstances use the data to develop products or services that may compete against the data holder
2022/11/16
Committee: IMCO
Amendment 468 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider or use multiple providers at the same . In particular, providers of data processing service shall remove pre-commercial, commercial, technical, contractual and organisational obstacles, which inhibit customers from:
2022/11/16
Committee: IMCO
Amendment 476 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days or any other agreed timeframe, the contractual agreement of the service;
2022/11/16
Committee: IMCO
Amendment 489 #

2022/0047(COD)

2. Paragraph 1 shall only apply to obstaclesThe obligations in this Chapter shall only apply to the original provider to the extent they are within its sphere of control, in particular only to the extent that the obstacles referred to in paragraph 1 that are related to the services, contractual agreements pre-commercial or commercial practices provided by the original provider.
2022/11/11
Committee: IMCO
Amendment 493 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 2 a (new)
2 a. The measures related to the contractual relationship between providers of a data processing service and customers pursuant to Article 23 paragraph 1 and 2 shall be equally ensured in the contractual relationship between providers of a data processing service and resellers of such a service and between resellers and their customers;
2022/11/11
Committee: IMCO
Amendment 494 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 2 b (new)
2 b. Where applicable, and without prejudice to the obligations of the existing providers, all parties involved, including destination service providers, shall collaborate in good faith to make the switching process effective.
2022/11/11
Committee: IMCO
Amendment 498 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services or to an on-premise system shall be clearly set out in a written contract. Without prejudice to Directive (EU) 2019/770, that contract shall include at least the following:
2022/11/11
Committee: IMCO
Amendment 499 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, with the exception of data used by the provider to operate, maintain and improve the service or data and digital assets that would conflict with the cloud provider's or other customer's intellectual property rights in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall:
2022/11/11
Committee: IMCO
Amendment 503 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 30 calendar days or other contractually agreed time for transition, during which the data processing service provider shall:
2022/11/11
Committee: IMCO
Amendment 509 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
(1) reasonably assist and, where technically feasible, complete the switching processsupport the switching process, including assisting a third-party entity managing the switching process on behalf of the customer;
2022/11/11
Committee: IMCO
Amendment 513 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1 a (new)
(1 a) provide the customer and third parties authorized by the customer, at their request and free of charge, access to the resources necessary to support the switching process;
2022/11/11
Committee: IMCO
Amendment 517 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
(2) ensure fullwhich is consistent with contractual agreements related to continuity in the provision of the respective functions or services.
2022/11/11
Committee: IMCO
Amendment 521 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 a (new)
(2 a) ensure that a high level of security is maintained throughout the porting process, notably the security of the data during their transfer.
2022/11/11
Committee: IMCO
Amendment 525 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point b
(b) an exhaustive specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service, with the exception of data used by the provider to operate, maintain, or improve the service. Providers shall not be required to disclose their own or third parties’ intellectual property, trade secrets or commercially sensitive information;
2022/11/11
Committee: IMCO
Amendment 540 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
(c a) a clause guaranteeing full deletion of all customer data immediately after the expiration of the retrieval period set out in paragraph 1(c);
2022/11/11
Committee: IMCO
Amendment 543 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. Where the mandatory transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible, due to limitations solely under the control of the provider, the provider of data processing services shall notify the customer within 7 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report and indicating an alternative transition period, which may not exceed 612 months taking into account the technical complexity to migrate. In accordance with paragraph 1 of this Article, full service continuity shall be ensured throughout the alternative transition period against reduced charges, referred to in Article 25(2).
2022/11/11
Committee: IMCO
Amendment 550 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. From [date X+3 2yrs] onwards, providers of data processing services shall not impose any charges on the customer for the switching process, with particular reference to egress fees.
2022/11/11
Committee: IMCO
Amendment 557 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 1 a (new)
1 a. Standard subscription or service fees and charges for professional transition services work undertaken by the data processing service at the request of the customer to support the switching process, shall not be considered switching charges for the purposes of this Article.
2022/11/11
Committee: IMCO
Amendment 561 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+32yrs], providers of data processing services may impose reduced charges on the customer for the switching process and shall remove any other technical, contractual and organizational obstacle inhibiting the switching process.
2022/11/11
Committee: IMCO
Amendment 576 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure thanot implement technical restrictions that prevent the customer, after switching to a service covering the same service type offered by a different provider of data processing services, from enjoysing functional equivalence in the use of the new service. Functional equivalence should be deemed technically feasible whenever both the originating and the destination data processing services cover (in part or in whole) the same service type.
2022/11/11
Committee: IMCO
Amendment 581 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. For data processing services other than those covered by paragraph 1, providers of data processing services shall make open interfaces publicly available and free of charge.can be required by the customer to make open interfaces designed to facilitate switching between services of the same service type available and free of charge for the customer and its destination provider;
2022/11/11
Committee: IMCO
Amendment 584 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. For data processing services other than those covered by paragraph 1, providers of data processing services shall ensure compatibility with open interoperability specifications or European standards, identified in the central Union data processing service standards repository, for interoperability that are identified in accordance with Article 29(5) of this Regulation.
2022/11/11
Committee: IMCO
Amendment 591 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generated, with the exception of data used by the provider to operate, maintain, or improve the service,including the relevant data formats and data structures, in a structured, commonly used and machine- readable format.
2022/11/11
Committee: IMCO
Amendment 596 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 4 a (new)
4 a. When ensuring functional equivalence, providers of data processing services are required to maintain the highest level of security features in their destination service.
2022/11/11
Committee: IMCO
Amendment 600 #

2022/0047(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. Providers of data processing 1. services shall tmake all reasonable technical, legal and organisational measures, including contractual arrangements, in order to preventtransparent to data holders the policies, practices and arrangements they apply in cases of international transfer or request of governmental access to non-personal data held in the Union . Where applicable and where such transfer or access would create a conflict with Union law or the national law of the relevant Member State, without prejudice to paragraph 2 or 3, providers of data processing services shall take the necessary and reasonable technical, legal and organisational measures, including contractual arrangements, in order to prevent such transfer or access.
2022/11/11
Committee: IMCO
Amendment 610 #

2022/0047(COD)

Proposal for a regulation
Article 27 – paragraph 5
5. The provider of data processing services shall inform the data holder and its customer about the existence of a request of an administrative authority in a third-country to access its data before complying with its request, except in cases where the request serves law enforcement purposes and for as long as this is necessary to preserve the effectiveness of the law enforcement activity.
2022/11/11
Committee: IMCO
Amendment 617 #

2022/0047(COD)

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point b
(b) the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, shall be described in a publicly available and consistent manner;
2022/11/11
Committee: IMCO
Amendment 620 #

2022/0047(COD)

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point c
(c) where applicable, the technical means to access the data, such as application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable automatic access and transmission of data between parties, including continuously or in real-time in a machine-readable format;
2022/11/11
Committee: IMCO
Amendment 632 #

2022/0047(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point a
(a) be performance oriented towards achieving interoperability, in a secure manner, between different data processing services that cover the same service type;
2022/11/11
Committee: IMCO
Amendment 677 #

2022/0047(COD)

Proposal for a regulation
Article 41 – paragraph 1 – point c a (new)
(c a) the interplay between this Regulation, the sector-specific legislation and other relevant Union law, in order to assess any possible conflicting provision, overregulation or legislative gaps;
2022/11/11
Committee: IMCO
Amendment 680 #

2022/0047(COD)

Proposal for a regulation
Article 42 – paragraph 2
It shall apply from [1230 months after the date of entry into force of this Regulation].
2022/11/11
Committee: IMCO
Amendment 134 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Member States shallmay carry out regular monitoring of the semiconductor value chain, if it is proportionate and necessary, and carried out in such a way that it does not create a administrative or financial burden. In particular, they shall:
2022/09/19
Committee: IMCO
Amendment 150 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Member States shallmay invite the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updates.
2022/09/19
Committee: IMCO
Amendment 154 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. National competent authorities designated pursuant to Article 26(1) may request information from representative organisations of undertakings or individual undertakings operating along the semiconductor supply chain whereif strictly necessary and proportionate for the purpose of paragraph 1. National competent authorities in such case willmust pay particular attention to SMEs to minimise administrative burden resulting from the request and will privilege digital and easy solutions for obtaining such information. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27.
2022/09/19
Committee: IMCO
Amendment 205 #

2022/0032(COD)

Proposal for a regulation
Article 19 – paragraph 3 – point a
(a) assess the impact of the possible imposition of protective measures and if it is really absolutely necessary, including in particular whether the market situation corresponds to a significant shortage of an essential product pursuant to Regulation 2015/479 and provide an opinion to the Commission;
2022/09/19
Committee: IMCO
Amendment 16 #

2022/0021(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1025/2012
Article 10 – paragraph 2a – introductory part
2a. Each European standardisation organisation shall ensure that the following decisions concerning European standards and European standardisation deliverables referred to in paragraph 1 are taken exclusively byultimately by national delegations or representatives of the national standardisation bodies within the competent decision-making body of that organisation:
2022/05/20
Committee: IMCO
Amendment 17 #

2022/0021(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1025/2012
Article 10 – paragraph 2a – point a
(a) decisions on the acceptance, and refusal and execution of standardisation requests;
2022/05/20
Committee: IMCO
Amendment 18 #

2022/0021(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1025/2012
Article 10 – paragraph 2a – point b
(b) decisions on the acceptance of new work items;deleted
2022/05/20
Committee: IMCO
Amendment 4 #

2021/2254(INI)

Draft opinion
Recital A
A. whereas women are more likely than men to work in the informal economy and whereas their importance for the rural economy is not acknowledged, which means that their role and importance in rural areas are overlooked and their importance for the rural economy is not recognised due to their participation in the informal rural economy;
2022/03/29
Committee: FEMM
Amendment 11 #

2021/2254(INI)

Draft opinion
Recital A a (new)
Aa. whereas the gender employment gap is more pronounced in rural areas than in cities, and young women are more likely to leave rural areas;
2022/03/29
Committee: FEMM
Amendment 12 #

2021/2254(INI)

Draft opinion
Recital A b (new)
Ab. whereas the EU economy and society face multiple challenges regarding the demographic change, the digitalisation of the economy and society, increasing European and global integration and the transition to an almost CO2 neutral economy, lifestyles and work patterns; whereas rural areas are often particularly affected by these challenges;
2022/03/29
Committee: FEMM
Amendment 15 #

2021/2254(INI)

Draft opinion
Recital A c (new)
Ac. whereas rural areas are the place of residence and work for many people and as well the location of enterprises from all sectors of the economy, in particular of small and medium-sized enterprises, whereas they are the place of production of agriculture and forestry but also perform important ecological functions and provide space for leisure and recreation;
2022/03/29
Committee: FEMM
Amendment 22 #

2021/2254(INI)

Draft opinion
Recital B
B. whereas women perform more than one function; whereas women are enabl in the context of their individual family and professional ties and, in this diversity of roles, also make a significant contribution to progress and innovation at all levels of society and to an increase in the quality of life, especially in rural areas; whereas women in rural areas are drivers of the transition to a greener society and economy;
2022/03/29
Committee: FEMM
Amendment 31 #

2021/2254(INI)

Draft opinion
Recital C
C. whereas only 30 % of farms across the EU are managed by women; whereas SMEs are predominant in rural region and, if they do, farms tend to be smaller, with lower incomes and less access to financial support; whereas rural regions are dominated by SMEs;
2022/03/29
Committee: FEMM
Amendment 39 #

2021/2254(INI)

Draft opinion
Recital C a (new)
Ca. whereas social protection for women working in agriculture is an essential element of modern and sustainable rural development;
2022/03/29
Committee: FEMM
Amendment 43 #

2021/2254(INI)

Draft opinion
Recital C b (new)
Cb. whereas in the EU the proportion of rural inhabitants with at least basic digital skills in 2019 is 14 percentage points lower than that of urban residents (48 % vs. 62 %);
2022/03/29
Committee: FEMM
Amendment 45 #

2021/2254(INI)

Draft opinion
Recital C c (new)
Cc. whereas the economy and society as a whole benefit from the geographically decentralised economic structure in rural areas, i.e. the distribution of small and medium-sized enterprises not only in a few locations, but widely distributed in many locations, whereas such a distribution structure supports decentralised value creation and associated decentralised income opportunities, especially in rural areas, thus enabling vital rural areas; whereas the multiple opportunities in rural areas allow citizens and especially women to build up and benefit from creative living and work situations;
2022/03/29
Committee: FEMM
Amendment 53 #

2021/2254(INI)

Draft opinion
Recital C e (new)
Ce. whereas it is necessary to advance the digital agenda in rural areas and develop a comprehensive broadband infrastructure and sustainable jobs in order to maintain and strengthen the competitiveness, digital participation, equal living conditions and a better work- life balance;
2022/03/29
Committee: FEMM
Amendment 57 #

2021/2254(INI)

Draft opinion
Recital C f (new)
Cf. whereas there are often difficulties in accessing adequate health and care services in rural areas that includes deficits in local health services and unusually long waiting times to see certain specialists, whereas cross-border healthcare services can offer a better option to patients in situations where the most appropriate treatment or the nearest hospital is in another Member State;
2022/03/29
Committee: FEMM
Amendment 75 #

2021/2254(INI)

Draft opinion
Paragraph 1 b (new)
1b. Underlines the diversity of rural actors and their importance for the sustainability of rural areas;
2022/03/29
Committee: FEMM
Amendment 89 #

2021/2254(INI)

Draft opinion
Paragraph 2
2. Calls for the needs of women in rural areas to be addressed through appropriate – and where necessary pepolicies to be designed that take into account the needs of women in rural areas, such as adequate, where appropripatetic –, mobile healthcare, childcare and care for the elderly, thereby promoting women’s social security rights, including maternity leave or pension rights, and women’s access to available EU funds;
2022/03/29
Committee: FEMM
Amendment 111 #

2021/2254(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls on Member States to intensify their efforts to support live-long learning, professional education and guidance systems, with the close involvement of municipalities and the promoters of such measures from business organisations and chambers, as this can contribute significantly to promoting gender balanced employment in rural areas;
2022/03/29
Committee: FEMM
Amendment 114 #

2021/2254(INI)

Draft opinion
Paragraph 4
4. Calls onfor the Member States to create a ubiquitous and seamlessmultitude of opportunities in rural areas to be exploited and for the development of a comprehensive broadband infrastructure, as well as to enable creative housliving and work opportunities, andsituations and to create quality jobs that facilitate the reconciliation of work and family life.;
2022/03/29
Committee: FEMM
Amendment 121 #

2021/2254(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls for better access to high- quality public services and infrastructure, in particular digital infrastructure, and for the deployment of widely available, efficient and affordable mobility opportunities that meet the SDGs;
2022/03/29
Committee: FEMM
Amendment 124 #

2021/2254(INI)

Draft opinion
Paragraph 4 b (new)
4b. Calls on Member States to facilitate multimodality and to provide easy and comfortable transitions from one mode of transport to another; emphazises that in order to ensure that mobility chains are as seamless and accessible as possible, better infrastructure conditions must be created; reiterates that his includes infrastructure standardisation, in particular to facilitate cross-border projects and mobility;
2022/03/29
Committee: FEMM
Amendment 131 #

2021/2254(INI)

Draft opinion
Paragraph 4 c (new)
4c. Calls on the Commission and the Member States to design funding programs or support measures in such a way that the bureaucratic burden is easily manageable for smaller businesses and stakeholders; Calls on the Commission and the Member States to ensure that individuals or smaller initiatives are also able to overview and apply for funding opportunities and are given assistance in doing so;
2022/03/29
Committee: FEMM
Amendment 136 #

2021/2254(INI)

Draft opinion
Paragraph 4 d (new)
4d. Calls on the Commission and the Member States to further promote cross- border health and care services, especially in rural areas, and to pay particular attention to this aspect in the revision of Directive2011/24/EU, thereby reducing bureaucratic barriers to the provision and use of cross-border health and care services and to establish a better interaction between different healthcare systems;
2022/03/29
Committee: FEMM
Amendment 242 #

2021/2253(INI)

Motion for a resolution
Recital G
G. whereas changing the structures of care need to be changed from centralised institutions to community-based care; whereas that shift has been may improve the quality; whereas national differences in social policy should be respected with regard too slowthe principle of subsidiarity;
2022/04/08
Committee: EMPLFEMM
Amendment 663 #

2021/2253(INI)

Motion for a resolution
Paragraph 15
15. Stresses that the free movement of persons and workers is one of the key pillars of the EU, but that challenges to cross-border care remain; calls for the protection of different societal models and the social security rights of all mobile care workers and care receivers; recognises national differences in social policy and stresses that respect for subsidiarity is of the essence;
2022/04/08
Committee: EMPLFEMM
Amendment 876 #

2021/2253(INI)

Motion for a resolution
Paragraph 24
24. Calls on the Member States to strengthen social dialogue and promote collective bargaining and collective agreements in the care sector, both profit and non-profit, as crucial mechanisms for the improvement of employment and working conditions and for tackling the gender pay gap, and as the most effective tools for securing an increase in the minimum wage and in wages in generalensure adequate wages;
2022/04/08
Committee: EMPLFEMM
Amendment 918 #

2021/2253(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Member States to swiftly and fully transpose and implement the Work-Life Balance Directive; stresses that only an equalrecognises the importance of making shareing of care responsibilities between men and women by means of non-transferable and adequately paid leave periodsparents possible, which would enable more women to increasingly engage in full-time employment and achieve a work- life balance; recognises national differences in social policy and stresses that respect for subsidiarity is of the essence;
2022/04/08
Committee: EMPLFEMM
Amendment 965 #

2021/2253(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Underlines the need to recognise the entrepreneurial potential of women in the care sector who can contribute with innovations such as new technologies; notes that women are overrepresented as professionals working in the care sector and are an valuable and untapped source of entrepreneurial potential in Europe;
2022/04/08
Committee: EMPLFEMM
Amendment 101 #

2021/2250(INI)

Motion for a resolution
Recital D a (new)
D a. whereas Turkey's withdrawal from the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention) is undermining progress made on women's protection against violence;
2022/03/09
Committee: AFET
Amendment 119 #

2021/2250(INI)

Motion for a resolution
Paragraph 1
1. Reiterates its concern about the persistent distance between the EU and Turkey, despite it being a candidate country, in terms of values and standards, and the continuing lack of political will to carry out the necessary reforms to address, in particular, the serious concerns about the rule of law and fundamental rights that continue to negatively affect the accession process; considers that without clear progress in this field, Parliament cannot envisage any resumption of accession negotiations with Turkey, which have effectively been at a standstill since 2018and insists on the termination of accession negotiations with Turkey;
2022/03/09
Committee: AFET
Amendment 201 #

2021/2250(INI)

Motion for a resolution
Paragraph 7
7. Reiterates its strong condemnation of Turkey’s withdrawal, by presidential decree, from the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); calls on Turkey to reverse this decision and to implement a zero-tolerance policy on violence against women;
2022/03/09
Committee: AFET
Amendment 225 #

2021/2250(INI)

Motion for a resolution
Paragraph 9
9. Reiterates its serious concern about the disproportionate and arbitrary measures curtailing freedom of expression; welcomes the further decrease in the number of journalists in prison in Turkey and demands that the Turkish government releases all remaining journalists and political prisoners;
2022/03/09
Committee: AFET
Amendment 276 #

2021/2250(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Underlines the importance of continued financial support from the EU to Turkish civil society, human rights defenders and journalists in order to promote democracy and increase people-to-people contacts;
2022/03/09
Committee: AFET
Amendment 521 #

2021/2250(INI)

Motion for a resolution
Paragraph 25
25. Insists that democracy, the rule of law and fundamental rights should remain at the heart of EU-Turkey relations under any framework; reaffirms its support for keeping the accession process and its value-based approach as the main framework for EU-Turkey relations, as it is still the most powerful tool to exercise normative pressure andits value-based approach to sustain the democratic and pro-European aspirations of Turkish society; nevertheless remains open to the possibility ofencourages both sides to reviewing, in a realistic manner, the appropriateness of thise accession framework and its ability to function, or, if necessary, exploring other possibleexplore new models for future relations;
2022/03/09
Committee: AFET
Amendment 535 #

2021/2250(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Takes the view that the European Union needs to develop a long-term partnership with Turkey, based on mutual interest and respect but without a direct prospect of membership; insists that such a relationship must be balanced, reciprocal in its commitments and underpinned by one Association Agreement to cover economic and political relations and cooperation in several areas, including but not limited to migration, security and environmental protection, whilst reiterating the principles of democracy and rule of law; calls therefore on the Council to remove Turkey from the list of candidate countries;
2022/03/09
Committee: AFET
Amendment 26 #

2021/2249(INI)

Motion for a resolution
Recital B
B. whereas democracy and, the rule of law are thnd human rights are fundamental values on which the EU is founded; whereas reforms are needed to tackle the challenges that remain in these areas;
2022/04/29
Committee: AFET
Amendment 37 #

2021/2249(INI)

Motion for a resolution
Recital D
D. whereas Serbia has not imposed sanctions against Russia following the Russian aggresinvasion inof Ukraine;
2022/04/29
Committee: AFET
Amendment 50 #

2021/2249(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas the situation regarding freedom of the press in Serbia is worrying; whereas the opportunities for independent media to work freely have been curtailed in recent years; whereas in 2021, the country ranked 93rd out of 180 in the Reporters Without Borders World Press Freedom Index;
2022/04/29
Committee: AFET
Amendment 51 #

2021/2249(INI)

Motion for a resolution
Recital F b (new)
Fb. whereas the situation for female victims of violence in Serbia is serious; whereas half of women have been exposed to some form of violence and more than 300 women have been killed in recent years as a result of gender-based violence;
2022/04/29
Committee: AFET
Amendment 252 #

2021/2249(INI)

Motion for a resolution
Paragraph 22 b (new)
22b. Calls on Serbia to fully carry out the work of complying with the Istanbul Convention by prioritising and setting aside sufficient resources to prevent gender-based violence, protect victims of crime and prosecute offenders;
2022/04/29
Committee: AFET
Amendment 267 #

2021/2249(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Calls on Serbia to step up its work on human rights and anti-discrimination for LGBTQ+ people; calls for increased measures to combat harassment, hate propaganda and hate crimes against LGBTQ+ people;
2022/04/29
Committee: AFET
Amendment 439 #

2021/2249(INI)

Motion for a resolution
Paragraph 42 a (new)
42a. Calls on Serbia to work purposefully on the transition to a green and circular economy by phasing out fossil energy sources and greatly increasing the recycling of resources and materials;
2022/04/29
Committee: AFET
Amendment 46 #

2021/2248(INI)

Motion for a resolution
Recital E a (new)
E a. whereas European integration is an effective foreign policy instrument that contributes to the promotion of peace and the spread of the EU's fundamental values of respect for democracy, human rights, the rule of law and freedom of expression;
2022/03/09
Committee: AFET
Amendment 133 #

2021/2248(INI)

Motion for a resolution
Paragraph 19
19. Recalls the need to strengthen investigative journalism, fact-checking and media literacy as means to tackle hate speech, disinformation and foreign interference campaigns; calls for initiatives to foster a media environment free from external influences and conducive to a professional media conduct, including investigative journalism;
2022/03/09
Committee: AFET
Amendment 150 #

2021/2248(INI)

Motion for a resolution
Paragraph 21
21. Notes the improvements in ensuring women’s rights and gender- responsive policies; welcomes the adoption of the law aimed at preventing violence against women and domestic violence and encourages the alignment of the penal code with the Istanbul Convention; Encourages the country to fully implement the work of preventing violence, protecting victims of crime and prosecuting perpetrators;
2022/03/09
Committee: AFET
Amendment 182 #

2021/2248(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Calls on the country to intensify the work on human rights and antidiscrimination for LGBTQ+ people; calls for increased measures to combat harassment, hate propaganda and hate crimes against LGBTQ+ people;
2022/03/09
Committee: AFET
Amendment 282 #

2021/2248(INI)

Motion for a resolution
Paragraph 43 a (new)
43 a. Calls on the country to work for a societal transition towards a greener economy by phasing out fossil energy sources and achieving a higher level of recycling of products and resources;
2022/03/09
Committee: AFET
Amendment 304 #

2021/2248(INI)

Motion for a resolution
Paragraph 45 a (new)
45 a. Notes large Chinese investments in the country; is concerned about the vulnerability and dependency that arises from China-funded investment loans; Calls on the country to reconsider this type of investment loans;
2022/03/09
Committee: AFET
Amendment 312 #

2021/2248(INI)

Motion for a resolution
Paragraph 46
46. Welcomes the ongoing process of historical reconciliation with neighbouring countries; Recalls the importance of a constructive political dialogue to achieve improved and closer relations;
2022/03/09
Committee: AFET
Amendment 11 #

2021/2244(INI)

Motion for a resolution
Recital -A (new)
-A. whereas enlargement is one of the EU’s most effective foreign policy instruments, as it contributes to extending the reach of the Union’s fundamental values of respect for human dignity, freedom, democracy, the rule of law, peace building and respect for human rights;
2022/03/11
Committee: AFET
Amendment 23 #

2021/2244(INI)

Motion for a resolution
Recital E
E. whereas Albania shouldmust continue to press forward with the consolidation of democracy, the rule of law and human rights, including the protection of persons belonging to minorities;
2022/03/11
Committee: AFET
Amendment 28 #

2021/2244(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the EU is Albania’s biggest trading partner and largest donor and whereas the country has benefited from EUR 1,24 billion in EU pre- accession funding under IPA I and IPA II since 2007;
2022/03/11
Committee: AFET
Amendment 31 #

2021/2244(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas the EU remains fully committed to support Albania’s strategic choice for EU integration; whereas Albania remains an important geopolitical ally and a trustworthy foreign policy partner, thanks to its efforts to advance regional cooperation and good neighbourly relations;
2022/03/11
Committee: AFET
Amendment 41 #

2021/2244(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas Albanian citizens have enjoyed visa-free travel to the Schengen area since December 2010;
2022/03/11
Committee: AFET
Amendment 42 #

2021/2244(INI)

Motion for a resolution
Recital F b (new)
Fb. whereas Albanian citizens have been able to participate in student, academic and youth exchanges under the Erasmus+ programme since 2015;
2022/03/11
Committee: AFET
Amendment 67 #

2021/2244(INI)

Motion for a resolution
Paragraph 5
5. Reaffirms the joint responsibility of Albania’s political forces to strengthen constructive political dialogue and cooperation, enabling an effective functioning of the country’s democratic institutions by continuing to improve governance, transparency and pluralism and by enabling the active participation of civil society; expresses its serious concern about the polarised political climate and lack of sustainable cross-party cooperation that continue to hamper the democratic process; encourages the use of the Jean Monnet Dialogue (JMD) to build the consensus necessary for generating a democratic parliamentary culture and trust and to develop true inter-party dialogue;
2022/03/11
Committee: AFET
Amendment 77 #

2021/2244(INI)

Motion for a resolution
Paragraph 7
7. Recalls the need to keep addressing the remaining electoral shortcomings by further improving the accessibility and integrity of elections preventing misuse of public administration/resources and vote- buying, including through digitalisation, data protection, equitable access to media and revised rules on political party financing;
2022/03/11
Committee: AFET
Amendment 83 #

2021/2244(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Proposes an EU Election Observation Mission to Albania ahead of the next parliamentary election; calls on the Albanian government to ensure the full implementation of the ODIHR and Venice Commission recommendations regarding the electoral shortcomings in due time before the upcoming general elections;
2022/03/11
Committee: AFET
Amendment 84 #

2021/2244(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Expresses concern about the pervasive allegations of vote buying, and recalls that initiation of proceedings against those accused of vote buying is among the conditions set by the Council; notes with regret that convictions in cases involving high-level officials remain limited and investigations have so far not resulted in a substantial number of final convictions of high-ranking officials;
2022/03/11
Committee: AFET
Amendment 125 #

2021/2244(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the European External Action Service (EEAS) and the Commission to improve coordination and to address disinformation and hybrid threats that seek to undermine the EU perspective by more strategically underscoring the EU’s relevance to citizens in the Western Balkans;
2022/03/11
Committee: AFET
Amendment 142 #

2021/2244(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls for further efforts to ensure and protect the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities; notes that persons with disabilities were among the most impacted by the COVID-19 pandemic; deplores that during the April 2021 elections, persons with disabilities encountered barriers and difficulties to vote; calls for further efforts to address violence against persons with disabilities, improve overall accessibility (including services and information), and to promote employment; points out that the quality of education for disabled children, especially deaf children, remains a cause for concern;
2022/03/11
Committee: AFET
Amendment 161 #

2021/2244(INI)

Motion for a resolution
Paragraph 19
19. Acknowledges the progress achieved in implementing the Istanbul Convention and calls on authorities to step up the prevention and responses to gender- based violence and femicide, to enhance support to survivors and to advance the prosecution of cases of harassment, and domestic violence andincluding violence against children; deplores that in Albania, 60% of all sexual abuse cases are committed against children - refugee and migrant children, and children with disabilities are extremely vulnerable to violence, exploitation, stigmatization and abuse;
2022/03/11
Committee: AFET
Amendment 163 #

2021/2244(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Stresses that the authorities still need to strengthen the system for monitoring and combating child labour and other forms of exploitation;
2022/03/11
Committee: AFET
Amendment 191 #

2021/2244(INI)

Motion for a resolution
Paragraph 23
23. Commends the steady progress in implementing a comprehensive justice reform, underpinned by the unprecedented vetting process, followed by a restorn improved functionality of relevant courts;
2022/03/11
Committee: AFET
Amendment 192 #

2021/2244(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Welcomes the Constitutional Court’s full functionality, following the appointment of members equal to the necessary quorum; expresses concern regarding the Constitutional Court’s quorum ahead, as the High Court lacks the necessary quorum to elect judges to the Constitutional Court and the mandates of members of the CC are expiring;
2022/03/11
Committee: AFET
Amendment 195 #

2021/2244(INI)

Motion for a resolution
Paragraph 25
25. Welcomes the work of the Specialised Structure for Anti-Corruption and Organised Crime (SPAK) and the SPAK Courts in tackling corruption and organised crime; underlines the importance of delivering tangible results in the form of successful prosecution of high-profile crimes, including corruption; deplores that convictions in cases involving high-level officials still remain limited, fostering a culture of impunity within the higher levels of the State; stresses the need to further increase seizure and confiscation of criminal assets stemming from corruption-related offences;
2022/03/11
Committee: AFET
Amendment 207 #

2021/2244(INI)

Motion for a resolution
Paragraph 28
28. Underlines the importance of taking decisive action against money laundering and terrorist financing by ensuring a consistent track record of proactive investigation, prosecution and final convictions for high-level corruption and confiscation of criminal assets; stresses the need of further alignment of its legislation with the EU acquis is this regard:
2022/03/11
Committee: AFET
Amendment 209 #

2021/2244(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Notes with concern the large share of grey economy and massive illicit cash payments in the country; underlines that while cash transactions are not synonymous with illegal behaviour, their traceless nature offers an ideal vehicle for money laundering; calls on the government to implement measures to reduce informality, where possible;
2022/03/11
Committee: AFET
Amendment 213 #

2021/2244(INI)

Motion for a resolution
Paragraph 29
29. Welcomes the ongoing efforts that should lead to systemic improvements in tackling organised crime, including the trafficking of humans, drugs, firearms and goods, along with cybercrime, violent crime, extremism and terrorist threats; commends the ongoing regional, bilateral and international cooperation on dismantling transnational crime networks, including with the EU Justice and Home Affairs Agencies, such as Europol and Eurojust; highlights that Albania is the only country from the region that has signed cooperation agreements with all justice and home affairs agencies of the EU and that the first fully fledged joint operation with the European Border and Coast Guard Agency (Frontex) outside the European Union was deployed at the Greek-Albanian border in May 2019; commends that Albania has allowed air monitoring by EU Member State law enforcement services to detect production of narcotics;
2022/03/11
Committee: AFET
Amendment 220 #

2021/2244(INI)

Motion for a resolution
Paragraph 29 b (new)
29b. Expresses concern over the large numbers of firearms available in Albania; stresses the need to improve standard procedures and mechanisms to counter the illicit trade of small arms and light weapons, and to step up the investigation and prosecution of firearms trafficking;
2022/03/11
Committee: AFET
Amendment 221 #

2021/2244(INI)

Motion for a resolution
Paragraph 29 c (new)
29c. Underlines that the contribution of Albania to the protection of the European Union’s external border is of crucial importance; Stresses that border protection and the prevention of cross- border crime must continue to be a priority, and must be conducted in full respect for the fundamental rights enshrined in applicable international and regional laws and principles;
2022/03/11
Committee: AFET
Amendment 223 #

2021/2244(INI)

Motion for a resolution
Paragraph 29 e (new)
29e. Stresses the need to ensure adequate financial, technical and human resources, as well as the financial and operational independence of judicial and law enforcement institutions;
2022/03/11
Committee: AFET
Amendment 227 #

2021/2244(INI)

Motion for a resolution
Paragraph 30
30. Highlights EU funding of sustainable post-earthquake and post- pandemic recovery and supports the ongoing efforts towards Albania’s democratic, green and digital transformation; underlines the need to step up EU assistance and funding for the rule of law, improvements, and encouraging sustainable green growth, biodiversity, innovation, competitiveness, property rights and reversal of the demographic decline;
2022/03/11
Committee: AFET
Amendment 271 #

2021/2244(INI)

Motion for a resolution
Paragraph 37 a (new)
37a. Recalls that malicious foreign actors tend to exploit ethnic tensions in the Western Balkans, including in Albania, sometimes trying to use these countries as an information manipulation and hybrid warfare laboratory, aimed at undermining the EU; recommends that EU and Albania further exchange best practices and coordinate actions regarding foreign interference and disinformation; underlines the need for the EU and the United States to strengthen their partnership and coordination in the Western Balkans;
2022/03/11
Committee: AFET
Amendment 122 #

2021/2243(INI)

Motion for a resolution
Recital K
K. whereas racialised women, women from disadvantaged socio-economic backgrounds, women with disabilities and LGBTIQ people face additional barriers and violence in accessing healthcare, including sexual and reproductive health and rights (SRHR), as a result of discriminatory laws and policies, stigma and stereotypes;
2022/04/04
Committee: FEMM
Amendment 217 #

2021/2243(INI)

Motion for a resolution
Paragraph 9
9. Calls for positive action measures, such as quotas, for women facing intersectionalaction against discrimination in public institutions, including in the EU institutions, as a way to promote public institutions that reflect the diversity of society;
2022/04/04
Committee: FEMM
Amendment 234 #

2021/2243(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to earmark funding under the Citizens, Equality, Rights and Values programme to grassroots civil society organisations led by and for women facing intersectional discrimination and to design grants specificallynsure sufficient funding opportunities for projects which are aimed at combating intersectional discrimination in the EU;
2022/04/04
Committee: FEMM
Amendment 259 #

2021/2243(INI)

Motion for a resolution
Paragraph 14
14. Calls onEncourages the Member States to support the creation of new legal pathways across sectors, including for medium- and low-skilled workers,measures that promote autonomy, decent work and social inclusion;
2022/04/04
Committee: FEMM
Amendment 264 #

2021/2243(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Underlines the promotion of entrepreneurship among migrant women can offer great opportunities for their integration and foster their economic independence and empowerment;
2022/04/04
Committee: FEMM
Amendment 283 #

2021/2243(INI)

Motion for a resolution
Paragraph 16
16. Calls onEncourages the Member States to adopt and implement strategies, policies and programmes to advance the SRHR of marginalised groups of women and to eradicate the systemic, financial, legal, practical and social barriers they face;
2022/04/04
Committee: FEMM
Amendment 48 #

2021/2199(INI)

Motion for a resolution
Recital C a (new)
C a. whereas security and peace in the Eastern neighbourhood presupposes the respect for and upholding of international law, territorial integrity and fundamental rights and freedoms;
2022/02/09
Committee: AFET
Amendment 61 #

2021/2199(INI)

Motion for a resolution
Recital E
E. whereas President Putin’s Russia has engaged in continuous hybrid warfare against EaP countries, backed by the ever- present threat of force across the region, to keep states politically off-balance and tied to Moscow’s self-declared sphere of influence, effectively removing the right of EaP countries to choose their own alliances, with Russia's actions, and Russia's attempts to weaken the European security order, causing instability both in the region and beyond;
2022/02/09
Committee: AFET
Amendment 244 #

2021/2199(INI)

Motion for a resolution
Recital AL a (new)
AL a. whereas EU measures to mitigate energy insecurity through diversification of energy sources would also strengthen security and stability in the Eastern region;
2022/02/09
Committee: AFET
Amendment 416 #

2021/2199(INI)

Motion for a resolution
Paragraph 21
21. Implores Member States to strengthen their public reactions to provocations against the EUMM, especially detentions of EUMM border guards and ceasefire violations; reminds that the EUMM is mandated to cover the whole territory of Georgia's internationally recognised borders and insists on the unimpeded access to the Georgian regions of Abkhazia and South Ossetia;
2022/02/09
Committee: AFET
Amendment 422 #

2021/2199(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Calls on the Commission to strengthen the monitoring of sanctions regimes to secure compliance with existing sanctions regimes;
2022/02/09
Committee: AFET
Amendment 15 #

2021/2185(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Underlines the important role of the services sector in the transition to a circular economy and in the implementation of the European Green Deal;
2022/01/13
Committee: IMCO
Amendment 26 #

2021/2185(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Recalls the importance of the European Digital Single Market in enabling tech companies to easily reach new customers and compete internationally;
2022/01/13
Committee: IMCO
Amendment 27 #

2021/2185(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Stresses the importance of proceeding swiftly with the negotiations on the Digital Services Act to ensure harmonisation of the European Digital Single Market and avoid barriers to trade;
2022/01/13
Committee: IMCO
Amendment 51 #

2021/2183(INI)

Motion for a resolution
Paragraph 1
1. Stresses that the EU is facing new multidimensional threats, including hybrid threats, increased militarisation around the world with rising geopolitical tensions and a still unstable neighbourhood, both in the East and in the South; underlines the importance of maintaining the rules- based international order and promoting peace, prosperity and stability in the Eastern, Southern and Northern neighbourhood;
2021/10/29
Committee: AFET
Amendment 73 #

2021/2183(INI)

Motion for a resolution
Paragraph 2
2. Notes that 2020 was dominated by the COVID-19 pandemic, which exposed vulnerabilities in our societies, insufficient coordination and our dependencies vis-à-vis the rest of the world; stresses that the EU must learn lessons from this with a view, in particular, to increasing its resilience and continuously analysing vulnerabilities in important value chains, while upholding open strategic autonomy;
2021/10/29
Committee: AFET
Amendment 367 #

2021/2183(INI)

Motion for a resolution
Paragraph 26
26. Condemns the malicious acts committed against Member States; insists that the Union and the Member States improve its capabilities to identify and assess hybrid threats and to react firmly and in coordination against any new malicious, illegal or destabilising activity; calls on the Union to work towards the creation of a legal instrument to respond to hybrid threats and to develop a comprehensive cyber capacity; calls for a revision of the cyber-defence policy framework in order to increase the prevention and deterrence capacity of the Union and its Member States and calls on Member States to improve national cyber defence capabilities;
2021/10/29
Committee: AFET
Amendment 475 #

2021/2183(INI)

Motion for a resolution
Paragraph 36
36. Recalls that third-country participation in PESCO projects must be decided on a case-by-case basis; welcomes the initial stages of military mobility and calls for subsequent stages to be implemented swiftly; approvwelcomes the participation of the United States, Norway and Canada in the military mobility project;
2021/10/29
Committee: AFET
Amendment 552 #

2021/2183(INI)

Motion for a resolution
Paragraph 41
41. Stresses that the Union should adopt a strategic approach to its partnerships based, in particular, on the defence of its interests and strategic autonomy; underlines that it is in the Union's interest to act together with partners, in full respect of alliances, with strategic autonomy being a part of the multilateral framework;
2021/10/29
Committee: AFET
Amendment 606 #

2021/2183(INI)

Motion for a resolution
Paragraph 44
44. Calls for even deeper cooperation with international organisations and in particular with the UN, including between CSDP missions and peacekeeping operations; stresses the importance of cooperation with the Organisation for Security and Cooperation in Europe (OSCE) in the area of security and defending the European security order;
2021/10/29
Committee: AFET
Amendment 8 #

2021/2170(INI)

Motion for a resolution
Citation 12 a (new)
— having regard to its resolution of 31 May 2011 on women entrepreneurship in small and medium-sized enterprises;
2022/01/13
Committee: FEMM
Amendment 30 #

2021/2170(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the technological and digital revolution we are witnessing increases the digital progress and new business opportunities and whereas this technological and digital revolution changes economic patterns, social systems and the labour market and whereas everyone in our society, especially women, must have the chance to participate in this prosperity;
2022/01/13
Committee: FEMM
Amendment 37 #

2021/2170(INI)

Motion for a resolution
Recital B
B. whereas since the beginning of the COVID-19 pandemic, the employment rate of women has even fallen more sharply than it did during the 2008 recession due to the increase of unpaid care work for dependants and household and educational care services, and has also resulted in a lower labour intensity, leading to significant increases in women’s poverty; whereas according to estimates for 2019 in the EU-27, women are particularly affected by the risk of poverty (AROP), with the poverty rate standing at 25.1 % before social transfers and 17.1 % after such transfers;
2022/01/13
Committee: FEMM
Amendment 40 #

2021/2170(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the COVID-19 pandemic will have great economic and financial consequences, which will have a direct impact in terms of increasing poverty, especially among women and the most vulnerable groups in society, as its effects will be felt most keenly by workers in the service sector, the self-employed, temporary and seasonal workers, etc., among whom a higher proportion are women;
2022/01/13
Committee: FEMM
Amendment 41 #

2021/2170(INI)

Motion for a resolution
Recital C
C. whereas poverty in general, and thus also women’s poverty, is multidimensional, and thereforefor this reason we need to combat all causes and consequences of all facets of women's poverty includesing not only material deprivation, but also a lack of access to many different resources and even an inability to fully exercise the rights of citizenship; whereas synergies between various actions carried out and political measures supporting gender equality, employment, education, taxation and housing can help combat deep-rooted causes of poverty and social exclusion more efficiently; whereas the impact of poverty on women and men is different and that therefore other indicators (such as age, life expectancy, income inequalities, gender pay gap, type of household, social transfers) need to be considered as well;
2022/01/13
Committee: FEMM
Amendment 50 #

2021/2170(INI)

Motion for a resolution
Recital C b (new)
C b. whereas synergies between various actions carried out and political measures supporting gender equality, employment, training, taxation, family and housing can help combat deep-rooted causes of poverty and social exclusion more efficiently;
2022/01/13
Committee: FEMM
Amendment 55 #

2021/2170(INI)

Motion for a resolution
Recital D
D. whereas although work in highly female-dominated sectors is essential and of high socioeconomic value, it is undervalued and lower paid than work in male-dominated sectors; whereas there is an urgent need to reassess the adequacy of wages in female-dominated sectors related to their social and economic value and to advance on minimum wages, minimum income and pay transparency in EU regulationsand to ensure adequate pay for all, to eliminate unfair practices and a downgrading of social protection standards and to promote equal opportunities while respecting the principle of subsidiarity;
2022/01/13
Committee: FEMM
Amendment 67 #

2021/2170(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas policies targeted at increasing the participation of women in the fields related to science, technology, engineering and mathematics (STEM) and AI, and the adoption of a multi-level approach to address the gender gap in all levels of education and employment in the digital sector need to be further promoted;
2022/01/13
Committee: FEMM
Amendment 71 #

2021/2170(INI)

Motion for a resolution
Recital E c (new)
Ec. whereas girls outperform boys in school but often encounter greater difficulties or are prevented from translating this educational success into professional accomplishment by familial and other pressures;
2022/01/13
Committee: FEMM
Amendment 79 #

2021/2170(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas women more often than men take the responsibility for the care of elderly or ill family members as well as for children and put their careers on hold more regularly, which prevents them making pension plans, forging a career and fully participating in the market, thereby diminishing their overall income;
2022/01/13
Committee: FEMM
Amendment 89 #

2021/2170(INI)

Motion for a resolution
Recital I
I. whereas women have a lower employment rate and are disproportionally highly represented in low-paid, precarious and dead-end job sectors; whereas women face pregnancy and maternity discrimination; whereas the gender pay gap stands at 14.1 %;
2022/01/13
Committee: FEMM
Amendment 94 #

2021/2170(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas women have been working in the frontline of the pandemic and also in the services sector, which has been particularly affected by the current crisis; whereas this has led to an increase in female unemployment rates and thus a higher likelihood of poverty for women in the EU; whereas women have also tended to partake a disproportionate amount of uncompensated childcare work, even if enforced lockdowns have meant that men increased their household participation in comparison to the years prior to the pandemic;
2022/01/13
Committee: FEMM
Amendment 101 #

2021/2170(INI)

Motion for a resolution
Recital J
J. whereas the pension entitlements gap averages at almost 30 % as a result of the imbalances created by persistent lifelong inequalities; whereas this pension gap means that women fall below the poverty line as they get older; whereas eliminating the pension gap will lead to greater social inclusion throughout the whole life cycle;
2022/01/13
Committee: FEMM
Amendment 118 #

2021/2170(INI)

Motion for a resolution
Recital L
L. whereas the current EU model of socio-economic governance is harmful to the EU’s commitmeit is important to reduce inequalities and eradicate poverty, in particular women’s poverty resulting from a lifetime of discrimination;
2022/01/13
Committee: FEMM
Amendment 164 #

2021/2170(INI)

Motion for a resolution
Paragraph 4
4. Stresses the pivotal role of women working in the social, care and retail sectors that keep our societies functioning, as shown by the COVID-19 crisis; calls for typically female-dominated work to be reassessed and revaluated and for cross- sector gender-neutral job evaluation tools to be developed and applied in order to better assess and more fairly remunerate female-dominated workin order to better assess and fairer remunerate female- dominated work while at the same time strengthening women's entrepreneurship in small and medium-sized enterprises (SMEs);
2022/01/13
Committee: FEMM
Amendment 180 #

2021/2170(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. stresses the importance to raise and increase awareness about consequences of women’s choices in the labour market and the importance of their economic independence to prevent from poverty and social exclusion;
2022/01/13
Committee: FEMM
Amendment 184 #

2021/2170(INI)

Motion for a resolution
Paragraph 5 b (new)
5 b. Emphasises that empowering women as citizens and economic actors is critical to our economies and our societies, and to tackling poverty; stresses in this regard the necessity to facilitate the combination of work and family life, as women in particular seek to adjust their careers for family life and care responsibilities;
2022/01/13
Committee: FEMM
Amendment 187 #

2021/2170(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Expresses its concern that women with children are discriminated against in the workplace because they are mothers and not because their job performance is inferior to that of their peers; urges the Member States to actively promote a positive image of mothers as employees;
2022/01/13
Committee: FEMM
Amendment 188 #

2021/2170(INI)

Motion for a resolution
Paragraph 5 d (new)
5d. Stresses the importance of incentives for employers to promote a better work-life balance during the entire period of employment;
2022/01/13
Committee: FEMM
Amendment 195 #

2021/2170(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Points out the importance of promoting women’s empowerment through women’s education, training, life-long learning, which are of vital importance in order to fight stereotypes and combat persisting inequalities together with addressing women’s employment rate and underrepresentation in certain sectors like STEM and AI;
2022/01/13
Committee: FEMM
Amendment 200 #

2021/2170(INI)

6 b. Calls on the Commission to strengthen EU education programs while at the same time aligning training and education with the needs of the economy and society of the future; Calls on the Commission to improve access to upskilling and lifelong learning for women;
2022/01/13
Committee: FEMM
Amendment 205 #

2021/2170(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to mainstream gender into the EU’s climate change policies in order to ensure that the Fit for 55 package policies and the social climate fund are designed and implemented with a clear gender dimension and benefit women as equally as men;deleted
2022/01/13
Committee: FEMM
Amendment 221 #

2021/2170(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Underlines the importance to enable women, particularly those most at risk of poverty, to pursue their careers on a full-time basis or, if they prefer, to have access to part-time work or work with flexible hours;
2022/01/13
Committee: FEMM
Amendment 289 #

2021/2170(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Stresses that combating violence against women is necessary to achieve the goal of equality between women and men in Europe and that a life free from violence is fundamental for more women to participate in the labour market, reach their full potential within their work and to be financially independent.
2022/01/13
Committee: FEMM
Amendment 291 #

2021/2170(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls on the Commission and Member States to investigate the barriers to female entrepreneurship and especially conduct a comprehensive analysis of women’s access to finance, helping to end women’s poverty in Europe by empowering them to become founders and entrepreneurs;
2022/01/13
Committee: FEMM
Amendment 293 #

2021/2170(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Calls on all Member States and the EU as a whole to ratify the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention).
2022/01/13
Committee: FEMM
Amendment 295 #

2021/2170(INI)

Motion for a resolution
Paragraph 16 c (new)
16c. Condemns deliberate disinformation about tools and initiatives to combat violence against women in the EU; Considers that it is extremely serious that this disinformation is gaining a foothold in Europe and thus contributing to the difficulty of protecting women from violence.
2022/01/13
Committee: FEMM
Amendment 296 #

2021/2170(INI)

Motion for a resolution
Paragraph 16 d (new)
16d. Calls on the Member States to combat harmful practices such as female genital mutilation, early and forced marriage and so-called ‘honour-related violence’, which specifically injures and limits young women and girls.
2022/01/13
Committee: FEMM
Amendment 297 #

2021/2170(INI)

Motion for a resolution
Paragraph 16 e (new)
16e. Highlights that women's entrepreneurship is important for increasing women's financial position; Notes that it creates jobs, strengthens the internal market and reduces unemployment.
2022/01/13
Committee: FEMM
Amendment 298 #

2021/2170(INI)

Motion for a resolution
Paragraph 16 f (new)
16f. Emphasizes that the EU needs a business-friendly climate that makes it easy to start and run companies; notes that reduced bureaucratic burden for entrepreneurs lowers barriers for more women to start businesses.
2022/01/13
Committee: FEMM
Amendment 299 #

2021/2170(INI)

Motion for a resolution
Paragraph 16 g (new)
16g. Highlights the importance of better access to education in financial literacy from an early age; with gender differences in financial literacy, the private financial conditions are affected; with better knowledge of sound personal finances, more women can have greater financial influence over their lives.
2022/01/13
Committee: FEMM
Amendment 300 #

2021/2170(INI)

Motion for a resolution
Paragraph 16 h (new)
16h. Emphasizes the importance of knowledge about entrepreneurship from an early age; with better education and practical experience of entrepreneurship in schools, more opportunities can be created for women as barriers to starting a business are lowered.
2022/01/13
Committee: FEMM
Amendment 23 #

2021/2080(INI)

Motion for a resolution
Recital A
A. whereas female entrepreneurs and self-employed are an under-utilised source of economic growth and job creation; whereas supporting this groupelf-employment needs to be recognised as a form of work which helps to create jobs and reduce unemployment; whereas supporting female entrepreneurs and self-employed can strengthen EU competitiveness;
2021/12/08
Committee: FEMM
Amendment 31 #

2021/2080(INI)

Motion for a resolution
Recital B a (new)
B a. whereas European Union is lacking behind US and China when it comes to developing technologies within for example artificial intelligence and blockchain technologies; whereas the highest-valued startups in the World currently consists of mainly Chinese and U.S. companies in April 2021; whereas the European Union should recognize and support European women’s innovation capabilities regard to developing technologies;
2021/12/08
Committee: FEMM
Amendment 49 #

2021/2080(INI)

Motion for a resolution
Recital E a (new)
E a. whereas some private companies have included actions such as mentoring, networking and support to increase women's access to finance and technology to support women's entrepreneurship as part of their corporate social responsibility (CSR) strategies;
2021/12/08
Committee: FEMM
Amendment 104 #

2021/2080(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Highlights that mentoring- relationships between experienced and novice entrepreneurs can be beneficial to both sides and help raise awareness about entrepreneurship, combat doubts about venturing into the entrepreneurial sector and foster exchange of information and advice among female entrepreneurs;
2021/12/08
Committee: FEMM
Amendment 105 #

2021/2080(INI)

Motion for a resolution
Paragraph 3
3. Highlights the necessity and importance of recognising and promoting women entrepreneurs and investors as role models; notes, in this regard, the EU Prize for Women Innovators 2021 and the European Network of Female Entrepreneurship Ambassadors, which encourages women to consider entrepreneurship as a career; calls on the European Commission to highlight prominent female entrepreneurs and investors as role models by launching a Europe-wide campaign raising awareness about the potential of entrepreneurship targeting predominantly women and conducting case studies of women entrepreneurs;
2021/12/08
Committee: FEMM
Amendment 117 #

2021/2080(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Encourages the European Commission to strengthen various networks focusing on female entrepreneurship on European level to boost innovation and cooperation between national, EU and international networks; notes that further cooperation can strengthen the internal market of the European Union;
2021/12/08
Committee: FEMM
Amendment 129 #

2021/2080(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Calls for the need to recognize the entrepreneurial potential of women in all sectors and education fields including the female-dominated as for example in healthcare and teaching;
2021/12/08
Committee: FEMM
Amendment 130 #

2021/2080(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Highlights the need to provide further training and retraining opportunities to employees and those moving from employment to self- employment; calls on the Commission to promote lifelong learning for all; highlights that the entrepreneurial dimension shall also be recognized in all youth programmes on the European level;
2021/12/08
Committee: FEMM
Amendment 132 #

2021/2080(INI)

Motion for a resolution
Paragraph 6 c (new)
6 c. Highlights the need for one stop shops who offer e.g. courses and training within a wide range of disciplines e.g. accounting and marketing to entrepreneurs with both a little or no experience or qualifications; notes this initiative can encourage more women to become entrepreneurs;
2021/12/08
Committee: FEMM
Amendment 141 #

2021/2080(INI)

Motion for a resolution
Paragraph 8
8. Calls on Member States and the Commission to boost awareness and to facilitate easier access to funds for women entrepreneurs and self- employedinance for women entrepreneurs and self-employed including alternative forms of financing making sure finance is available and reach the female entrepreneurs and self- employed; notes that female entrepreneurs are more likely to use alternative sources such as crowdlending and funding platforms; notes that in certain cases microcredits have proven to be successful in motivating more women to start their own business; urges the Commission to establish a European network of gender- conscious investors; considers that such a network will be able to provide women-led companies with relevant connections, networks and funding opportunities;
2021/12/08
Committee: FEMM
Amendment 158 #

2021/2080(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission and Member States to systematically track and monitor gender-disaggregated data across the whole Union to ensure high-quality data on EU and national funding programmes; highlights that this could serve as a basis for more informed policy decisions in the future; notes that a women’s entrepreneurial dimension has to be recognized in the formation of business- and SME-related policies to ensure an adequate policy framework that supports more female entrepreneurship and innovation by diversity;
2021/12/08
Committee: FEMM
Amendment 173 #

2021/2080(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Highlights the need to develop Europe’s innovation ecosystem to empower more women to create sustainable and profitable businesses and innovation to strengthen EU competitiveness, economic growth and job creation;
2021/12/08
Committee: FEMM
Amendment 175 #

2021/2080(INI)

Motion for a resolution
Paragraph 12 b (new)
12 b. Emphasises the need of guidance, simplified forms, procedures and processes to help self-employed female entrepreneurs navigate in the regulatory landscape for example in order to export; notes that microbusinesses and SME’s in particular already struggle with the resources to navigate and manage compliance obligations across Member States; encourages the Commission and Member States to evaluate and where necessary improve the guidance and administration;
2021/12/08
Committee: FEMM
Amendment 176 #

2021/2080(INI)

Motion for a resolution
Paragraph 12 c (new)
12 c. Welcomes the Commission’s better regulation agenda; believes that the Commission’s willingness to implement the ‘one in, one out’ approach is an important step towards minimizing administrative burdens on businesses, including start-ups and SMEs, making it more attractive for women to become entrepreneur or self-employed;
2021/12/08
Committee: FEMM
Amendment 177 #

2021/2080(INI)

Motion for a resolution
Paragraph 12 d (new)
12 d. Calls on Member States to consider enhanced tax incentives or flexible tax structures to improve framework conditions for entrepreneurship and self-employment; points as an example to the taxation of entrepreneurs in their early stage, taxing of only revenue or delaying tax payments in order to secure capital can make it more attractive for women to become entrepreneur or self-employed;
2021/12/08
Committee: FEMM
Amendment 186 #

2021/2080(INI)

Motion for a resolution
Paragraph 13
13. Highlights the importance of work- life balance for women entrepreneurs and self-employed; calls on Member States to support social frameworks, such as elderly and flexible childcare, that are essential to encouraging more women to take part in entrepreneurship; welcomes actions already taken by Member States on this matter; recognises national differences in social policy and respect for subsidiarity;
2021/12/08
Committee: FEMM
Amendment 14 #

2021/2043(INI)

Motion for a resolution
Recital B
B. whereas any assessment of the barriers to the single market should be based on the experiences and perceptions of businesses and consumers who engage to some degree withoperate on the single market every day; whereas existing single market barriers disproportionately affect SMEs and microenterprises, and hinder their cross- border activities;
2021/09/08
Committee: IMCO
Amendment 20 #

2021/2043(INI)

Motion for a resolution
Recital C
C. whereas many barriers affecting the single market derive from incorrect or incomplete application of EU legislation or measures taken by Member States to protect their general interests;
2021/09/08
Committee: IMCO
Amendment 38 #

2021/2043(INI)

Motion for a resolution
Recital G a (new)
G a. whereas the EU single market is a never finished project and the rapid speed of societal and technological developments may create new obstacles to the single market hampering its full execution;
2021/09/08
Committee: IMCO
Amendment 41 #

2021/2043(INI)

Motion for a resolution
Recital G b (new)
G b. whereas a clear majority of businesses consider that the single market is not sufficiently integrated;
2021/09/08
Committee: IMCO
Amendment 42 #

2021/2043(INI)

Motion for a resolution
Recital G c (new)
G c. whereas fragmentation of rules for cross-border commerce deeply affect business and consumers all over the internal market;
2021/09/08
Committee: IMCO
Amendment 43 #

2021/2043(INI)

Motion for a resolution
Recital G d (new)
G d. whereas digitalisation and the use of AI and new technologies have the potential to add significant value to the single market helping to reduce the existing obstacle sand burdens and allow for new business opportunities and the full functioning of the digital single market for the benefit of consumers and enterprises;
2021/09/08
Committee: IMCO
Amendment 44 #

2021/2043(INI)

Motion for a resolution
Recital G e (new)
G e. whereas arbitrary public procurement practices and abuses of the exceptions given by the current Public Procurement framework for long term contracts taken during the Covid pandemic highly affected the internal market and posed serious threats to transparency;
2021/09/08
Committee: IMCO
Amendment 45 #

2021/2043(INI)

Motion for a resolution
Recital G f (new)
G f. whereas despite the efforts made in the past by multiple programmes and applications, traders still struggle to find information on the rules and procedures for the cross-border provisions of services and the sale of goods;
2021/09/08
Committee: IMCO
Amendment 46 #

2021/2043(INI)

Motion for a resolution
Recital G g (new)
G g. whereas barriers in the digital single market still exist and have to be removed in order to realise its full potential; whereas the use of new technologies and AI can be helpful to overcome those barriers; whereas better implementation of existing legislations for the European single market is crucial;
2021/09/08
Committee: IMCO
Amendment 47 #

2021/2043(INI)

Motion for a resolution
Recital G h (new)
G h. whereas the lack of harmonization and insufficient standardisation bring additional cost and reduces safety of products on the single market while decreasing European competitiveness on the international markets;
2021/09/08
Committee: IMCO
Amendment 60 #

2021/2043(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the single market remains the European Union’s greatest achievement; urges the Commission, therefore, to refocus resources at issues plaguing the single market, in particular non-tariff barriers (NTBs), which continue to create unnecessary and unfair burdens and limit opportunities for consumers and businesses, especially SMEs;
2021/09/08
Committee: IMCO
Amendment 70 #

2021/2043(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Deplores that according to an EP study the number of infringement proceedings against Member States in the field of single market has risen between 2017 and 2019, reaching 800 in 2019, its highest level since 2014;
2021/09/08
Committee: IMCO
Amendment 74 #

2021/2043(INI)

Motion for a resolution
Paragraph 5
5. Acknowledges that certain NTBs can be justified and originate from multi- level governance; uUrges the Member States, where such NTBs are absolutely essential, to ensure their proportionality and strict alignment with legitimate public policy objectives;
2021/09/08
Committee: IMCO
Amendment 87 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point b
b) burdensome and complex administrative requirements, insufficient and inaccessible information and limited lines of communication with public administration, including through points of single contact, which also limit the possibilities for new or competing services in new locations that would improve consumer choice;
2021/09/08
Committee: IMCO
Amendment 98 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point d a (new)
d a) insufficient rules for cross-border e-commerce;
2021/09/08
Committee: IMCO
Amendment 100 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point d b (new)
d b) difficulties in resolving commercial and administrative disputes in a timely manner;
2021/09/08
Committee: IMCO
Amendment 126 #

2021/2043(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Calls on the Commission and Member States to adopt handy, concise, and ready-to-use tools for national authorities to address incorrect practices and violations and enforce the internal market rules;
2021/09/08
Committee: IMCO
Amendment 137 #

2021/2043(INI)

Motion for a resolution
Paragraph 12
12. Considers thatStresses the existence of obstacles to mutual recognition of professional qualification is seriously affected by administrative barrierss and other requirements to access a regulated profession imposed by some Member States;
2021/09/08
Committee: IMCO
Amendment 146 #

2021/2043(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Manifests deep concern with an increasing number of uncoordinated urban vehicle access regulations applied to both private and commercial vehicles, which hamper the freedom of movement and basic principles of internal market; asks the Commission to access and act on this unjustified limitation to the internal market notwithstanding the environmental value that may underlie the measures;
2021/09/08
Committee: IMCO
Amendment 148 #

2021/2043(INI)

Motion for a resolution
Paragraph 13 b (new)
13 b. New Title : Digitalization and Use of AI
2021/09/08
Committee: IMCO
Amendment 149 #

2021/2043(INI)

Motion for a resolution
Paragraph 13 c (new)
13 c. Believes that digitalisation and emerging technologies such as AI can contribute to achieving the objectives of the EU and deepen the internal market; stresses that, if such technologies are used correctly, they can be positive and transformative and address many challenges to eliminate the single market obstacles;
2021/09/08
Committee: IMCO
Amendment 150 #

2021/2043(INI)

Motion for a resolution
Paragraph 13 d (new)
13 d. Welcomes the DSA and DMA regulation proposals and asks for the European Commission and Member States to adopt frameworks which are coherent with the other policies of the internal market and the EU; considers that it is of outmost importance for companies and specially SMEs and consumers to have a clear, harmonized and robust set of rules;
2021/09/08
Committee: IMCO
Amendment 151 #

2021/2043(INI)

Motion for a resolution
Paragraph 13 e (new)
13 e. Underlines the importance of a fully functioning digital single market that benefits consumers and enterprises and asks for SMEs to be supported in order to face the obstacles and struggles in their digital transformation;
2021/09/08
Committee: IMCO
Amendment 162 #

2021/2043(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Regrets that despite the investment taken in SOLVIT, the lack of visibility and confidence of companies in the SOLVIT network in solving their problems is quite high; invites the Commission to revisit the SOLVIT network system and its adaptability to future challenges for the internal market;
2021/09/08
Committee: IMCO
Amendment 169 #

2021/2043(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Highlights the importance of harmonization of standards (hENs) for the internal market and stresses the importance of incorporating in a deeper way stakeholders and businesses in order to avoid unnecessary burdens to EU single market access;
2021/09/08
Committee: IMCO
Amendment 183 #

2021/2043(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to present an annual periodic report on NTBs and establish an open and transparent database compiling specific national NTBs together with ongoing infringement procedures;
2021/09/08
Committee: IMCO
Amendment 199 #

2021/2043(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Calls on each Member State to ensure that all competent authorities within its jurisdiction have all the minimum powers and necessary budget and staff to ensure the proper application of the internal market acquis;
2021/09/08
Committee: IMCO
Amendment 200 #

2021/2043(INI)

Motion for a resolution
Paragraph 23 b (new)
23 b. Stresses the importance of an increased level of harmonisation that includes effective and efficient enforcement cooperation among the competent authorities in order to detect, to investigate and to order the cessation or prohibition of the infringements;
2021/09/08
Committee: IMCO
Amendment 51 #

2021/2042(INI)

Motion for a resolution
Recital A
A. whereas Russia is continuing wits aggressive behaviour on the border with Ukraine and interfering withh systemic human rights violations towards its people and aggressive behaviour in its foreign policy, including but not limited to: large-scale military exercises and military build-ups, the illegal occupation and annexation of Crimea, the violation of the territorial integrity of Ukraine, Georgia and Moldova, acts of terrorism on the territory of EU Member States, such as Czechia, and its eastern neighbours, inter alia bycyber-attacks and attacks on sensitive infrastructure in EU Member States, violations of international law, election interference, supporting to the illegitimate regime of Alexander Lukashenko in Belarus; in Belarus and violations of sea and air space against countries in the Baltic Sea region;
2021/06/02
Committee: AFET
Amendment 97 #

2021/2042(INI)

Motion for a resolution
Recital B
B. whereas the situation in Russia is deteriorating dreadfully because of President Putin’s systemic repression of democratic forces such as when just two weeks after the arrest of Alexei Navalny Russian authorities detained more than 11 000 peaceful demonstratorsinside Russia, with one of many examples being the detainment of more than 11 000 peaceful demonstrators by Russian authorities, just two weeks after the arrest of Alexei Navalny, bringing the total number of Russians detained since January 2021 to more than 15 000;
2021/06/02
Committee: AFET
Amendment 124 #

2021/2042(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas Russia has repeatedly violated international law, its international commitments and the European security order, including the principles enshrined in the UN Charter, the 1975 Helsinki Final Act and the 1990 OSCE Charter of Paris; whereas Russia's actions have hindered good neighbourly relations;
2021/06/02
Committee: AFET
Amendment 128 #

2021/2042(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas the Russian Federation has established new military bases and modernized old military bases in the North of the country; whereas Russia has upgraded its Northern Fleet to the status of a military district, scaled up different branches of its armed forces and revived the bastion defence concept aimed at protecting Russia’s strategic capabilities;
2021/06/02
Committee: AFET
Amendment 170 #

2021/2042(INI)

Motion for a resolution
Recital G
G. whereas the EU should seek a long-term strategy on Russia should be, based on the assumption that the people of Russia can transform their country into a democracy; whereas such a strategy must be able to deter threats and challenges posed by Russia today;
2021/06/02
Committee: AFET
Amendment 184 #

2021/2042(INI)

H. whereas the EU strategy on Russia should work in the interest of the EU and offer Russia a constructive dialogue aimed at promoting the values of human rights and democracypromote the values of human rights and democracy; whereas it is in the interest of the EU and its Member States to act unilaterally and to be firm in their expectations towards Russia;
2021/06/02
Committee: AFET
Amendment 194 #

2021/2042(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas Russia has escalated hybrid warfare activities against EU Member States and its neighbours;
2021/06/02
Committee: AFET
Amendment 220 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point a
(a) the EU, together with NATO and international partners, should deter Russia andin order to keep stability in the EaP regionEurope and beyond, including by strengthening its own defence capabilities and by pressing Russia not to interfere in the region and to return the occupied territories in the EU’s Eastern neighbourhood;
2021/06/02
Committee: AFET
Amendment 262 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point c
(c) the EU must have a clear goal and plans on how to cut its dependency on Russian gas and oil, at least while President Putin is in powerin line with the EU's energy policy and interests;
2021/06/02
Committee: AFET
Amendment 307 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point e
(e) the EU should strengthen the monitoring and analysis of hybrid warfare activities and continue its work on the containment of Russian hybrid threats withby ensuring sufficient resources, staffing and instruments able to eliminate Russian hybrid influences from the EU and its Member States;
2021/06/02
Committee: AFET
Amendment 351 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point f
(f) the EU should establish, in partnership with the US, a transatlantic alliance to defend democracy globally and propose a democracy defence toolkit, which should include joint actions on sanctions, anti- money laundering policies, rules on the conditionality of economic and financial assistance, international investigations, and support for human rights activists and defenders of democracy; the EU should also ensure that sanctions remain in place until Russia demonstrates in actual facts that it respects international law and commitments;
2021/06/02
Committee: AFET
Amendment 412 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point j
(j) the EU should establish a centralisedfurther strengthen its anti-money laundering framework, including an EU authority for financial controls, to be put under Parliament’s supervision and to be entrusted withfacilitate increased cooperation between competent authorities and introduce an EU authority for financial controls, to improve the protection of the EU and its Member States from illicit financial practices and influences from Russia that are being used for subversive political purposes;
2021/06/02
Committee: AFET
Amendment 470 #

2021/2042(INI)

Motion for a resolution
Paragraph 1 – point n
(n) the EU should adopt and announce a strategic vision for its future relations with a democratic Russia, which should include a broaith conditions and incentives that could be offered only if Russia fully and genuinely implements the Minsk agreement and offther with conditions and incentives such asinternational commitments and restores trust in its relations with the EU and its neighbours; such a vision may include visa liberalisation, free trade investment and modernisation programmes, and a strategic partnership; it should also convey the potential benefits that it is willing to offer in return for a democratic transformation ofcooperative and democratic Russia;
2021/06/02
Committee: AFET
Amendment 9 #

2021/2040(INI)

Motion for a resolution
Recital C
C. whereas, despite the lack of comprehensive data on its full impact, the TSD is still effective in guaranteeing the free movement of toys in the Single Market and the number of companies operating in the market since the full application of the TSD increased by 10 % from 2013 to 2017, while the turnover of the EU toy industry has constantly increased since its entry into force; whereas 99 % of companies in the sector are SMEs;
2021/07/13
Committee: IMCO
Amendment 21 #

2021/2040(INI)

Motion for a resolution
Paragraph 2
2. Acknowledges the added value of the TSD in improving the safety of children and ensuring an equal high level of protection across the single market, compared to the previous directive, and its role in providing legal certainty and a level playing field for businesses;
2021/07/13
Committee: IMCO
Amendment 29 #

2021/2040(INI)

Motion for a resolution
Paragraph 4
4. Notes, however, that inconsistencies that call for a revision of the TSD remain and therefore asks the Commission to foresee an exhaustive impact assessment in order to check if and how these inconsistencies could be addressed;
2021/07/13
Committee: IMCO
Amendment 42 #

2021/2040(INI)

Motion for a resolution
Paragraph 7
7. Stresses that spreading out requirements across several pieces of legislation, and providing for different limit values, can be is burdensome and can in some caseseven necessitate duplicate the measuring of substances, as in the case of migration and content limit values; calls on the Commission, therefore, to consider consolidating all applicable limits for toys in one piece of legislation in order to streamline conformity assessment and make it more easy and less burdensome to comply with the requirements;
2021/07/13
Committee: IMCO
Amendment 47 #

2021/2040(INI)

Motion for a resolution
Paragraph 8
8. Considers that the derogation from the prohibition of chemicals that are carcinogenic, mutagenic or toxic to reproduction (CMRs) set out in the TSD allows for the presence of those chemicals in concentrations that arppear to be too high to ensure the protection of children; calls on the Commission to urgently to substantially reduce the generic limits for derogated CMRs in the TSD; insists that, in line with the Chemicals Strategy for Sustainability, the possibility toconduct an impact assessment in order to analyse if the derogateion from the rules on the presence of CMRs in parts of the toy that are inaccessibleinaccessibility of CMRs to the child should be deleted;
2021/07/13
Committee: IMCO
Amendment 52 #

2021/2040(INI)

Motion for a resolution
Paragraph 9
9. Underlines that lower limit values for chemicals such as nitrosamines and nitrosatable substances set out at national level compared to those established in the TSD create inconsistencies, even when justified by the Commission; notes, however, that all EU children should enjoy the same high level of protection; acknowledges that this limit value cannot be amended by an implementing act but would require a legislative procedure; calls on the Commission, therefore, to adapt the limit valueconduct an exhaustive impact assessment before its revision of the TSD analysing, if the limit value needs to be adapted to the strictest value in force at national level in a revision of the TSD;
2021/07/13
Committee: IMCO
Amendment 57 #

2021/2040(INI)

10. Calls on the Commission to proposeanalyse within its impact assessment in the framework of the revision of the TSD if a hazard identification procedure for endocrine disruptors, based on the definition of the World Health Organization (WHO), and to apply it in a future revision of the TSD to ensure that endocrine disruptors are banned in toys as soon as they are identifi should be proposed and if endocrine disruptors should be banned, as well as to consider introducing horizontal legislation with that aim, as repeatedly requested by Parliament and by the Council;
2021/07/13
Committee: IMCO
Amendment 67 #

2021/2040(INI)

Motion for a resolution
Paragraph 11
11. Is concerned that the stricter provisions for chemicals in toys intended for children aged under 36 months do not take into account the fact that older children remain vulnerable to dangerous substances; notes that this distinction can result in manufacturers circumventing the provisions by indicating that the toy is intended for children above 36 months even when it is clearly not the case; stresses that several stakeholders and Member States have indicated thatcalls on the Commission, therefore, to analyse this distinction is clearly inadequate and asked for it to be eliminated; calls on the Commission, therefore, to do so in itssue within the impact assessment to the revision of the TSD;
2021/07/13
Committee: IMCO
Amendment 74 #

2021/2040(INI)

Motion for a resolution
Paragraph 12
12. Notes that the TSD contains an obligation for Member States to perform market surveillance underthe competent authority of the Member States to take due account of the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, putting the health and safety of children at risk and undermining the level playing field for economic operators that comply with the legislation, to the benefit of rogue traders, who do not;
2021/07/13
Committee: IMCO
Amendment 80 #

2021/2040(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fullycorrectly and on time and to set minimum sampling rates for checks, so that effective enforcement of the TSD can be ensured;
2021/07/13
Committee: IMCO
Amendment 90 #

2021/2040(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies such as blockchain and artificial intelligence to detect unsafe products and facilitate the work of market surveillance authorities by providing easily accessible and, structured and, if possible, digital information on products and their traceability in the supply chain;
2021/07/13
Committee: IMCO
Amendment 98 #

2021/2040(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Member States to step up coordination of their market surveillance activities; Underlines that an efficient market surveillance is essential in order to detect unsafe toys and calls therefore on the Member States to increase the resources, provide modern equipment to and properly staff their market surveillance authorities and custom authorities and to step up coordination and cooperation among them, including at cross-border level, so that a swift transfer of information on unsafe toys can be enabled;
2021/07/13
Committee: IMCO
Amendment 104 #

2021/2040(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Highlights that in order to detect unsafe toys more efficiently the market surveillance authorities should carry out mystery shopping also on online marketplaces on a regular basis and at least once a year in particular because toys are the products that are notified the most on the Safety Gate (RAPEX);
2021/07/13
Committee: IMCO
Amendment 107 #

2021/2040(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Urges the Commission to cooperate with the regulatory authorities of third countries in order to allow an exchange of market-surveillance-relevant information on unsafe toys;
2021/07/13
Committee: IMCO
Amendment 108 #

2021/2040(INI)

Motion for a resolution
Paragraph 16 c (new)
16 c. Encourages the use of new technologies such as AI and blockchain by market surveillance authorities to ensure that data analytics can be used to mitigate risk and improve compliance with the TSD;
2021/07/13
Committee: IMCO
Amendment 113 #

2021/2040(INI)

Motion for a resolution
Paragraph 17
17. Is concerned by the new vulnerabilities and risks posed by connected toys; calls on the Commission to explore different options for action, such as extending the scope of the TSD to include provisions on information security or reinforcing the relevant horizontal legislation, such as the Radio Equipment Directive and the Cybersecurity Act, as well as the GDPR, while keepinvolving Parliament informed of its choices;
2021/07/13
Committee: IMCO
Amendment 117 #

2021/2040(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Encourages producers of connected toys to integrate safety and security mechanisms by design;
2021/07/13
Committee: IMCO
Amendment 118 #

2021/2040(INI)

Motion for a resolution
Paragraph 17 b (new)
17 b. Is concerned that consumers respond poorly to recalls, and that unsafe toys continue to be used by children even though they have been recalled; asks therefore the Commission to publish guidelines on recall procedures, including a check list with concrete requirements and asks the online marketplaces to establish effective mechanisms to make sure they can reach their users, buyers and sellers in order to inform them as quickly as possible when recalls are necessary and to increase the number of consumers reached by the recalls;
2021/07/13
Committee: IMCO
Amendment 137 #

2021/2040(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Urges the Commission to require online marketplaces to introduce a link to the Safety Gate (RAPEX) on their websites so as to raise awareness about this platform and to modernise the Safety Gate (RAPEX) system in order to also allow better and quicker identification of unsafe toys by the online marketplaces;
2021/07/13
Committee: IMCO
Amendment 144 #

2021/2040(INI)

Motion for a resolution
Paragraph 24
24. Considers that a regulation would be more effective, as it would be applicable at the same time in all Member States; calls on the Commission, since the TSD acts as a de facalls on the Commission to analyse in its revision of the TSD if the directive should be converted into a regulation, to take the chance offered by its revision to convert it into a regulation in order to enhance its effectiveness and efficiency;
2021/07/13
Committee: IMCO
Amendment 146 #

2021/2040(INI)

Motion for a resolution
Paragraph 25
25. Considers it essential to provide for a broader scope for amendments in the future revision, includinghat the Commission effects a solid impact assessment to analyse if and how mechanical and physical requirements in particular for children under 36 months, limit values for nitrosamines, labelling provisions for allergenic fragrances and CMRs could be inserted in the future revision of the TSD;
2021/07/13
Committee: IMCO
Amendment 152 #

2021/2040(INI)

Motion for a resolution
Paragraph 26
26. Calls onHighlights that the guidance documents from the Commission are helpful to clarify if the definition of ‘grey zone’ productproduct is a toy or not, but that there are still products within the ‘grey zone’ and therefore calls on the Commission to solve this problem within the definition of toys in the future revision of the TSD;
2021/07/13
Committee: IMCO
Amendment 159 #

2021/2040(INI)

Motion for a resolution
Paragraph 27
27. Calls on the Commission to introduce mandatory labelling for toys, providing the consumer at the time of purchase with clear, easily understandable and comparable information on a toy’s estimated lifetime, the extent to which it is reparable and the availability of spare parts, including, where relevant, the availability of the necessary software, and setting out options for repairanalyse whether the durability and reparability of toys can influence their safety;
2021/07/13
Committee: IMCO
Amendment 167 #

2021/2040(INI)

Motion for a resolution
Paragraph 28
28. Highlights that the lack of consistent EU-wide statistics on toy-related accidents makes it impossibledifficult to quantitatively assess the level of protection granted by the TSD; believes that a lack of coordination and funding at EU level is a root cause of the absence of consistent data and calls onproposes to the Commission to addressuse thise in a future revision through the establishment of a pan-European accident and injury databasedicators and data gathered from ICSMS, RAPEX and joint actions to assess the efficiency of the TSD;
2021/07/13
Committee: IMCO
Amendment 33 #

2021/2038(INI)

Motion for a resolution
Recital B
B. whereas the EU and the US share common values based on liberal democracy, rule of law and the rules- based order, and share a fundamental interest in shaping the international environment;
2021/05/31
Committee: AFET
Amendment 69 #

2021/2038(INI)

Motion for a resolution
Recital G
G. whereas, while pursuing transatlantic cooperation in areas of shared interest, the EU should also foster its strategic autonomy in defence and economic relations in close cooperation with the United States and other partners;
2021/05/31
Committee: AFET
Amendment 210 #

2021/2038(INI)

Motion for a resolution
Paragraph 13
13. Calls for enhanced coordination on the use of the human-rights sanctions mechanisms and other restrictive measures;
2021/05/31
Committee: AFET
Amendment 324 #

2021/2038(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Stresses the strategic importance of the submarine cables of telecommunications in the North Atlantic that provide over 95% of international telecommunications; reiterates the importance of strengthened transatlantic cooperation in protecting and ensuring the respect of the international instruments that govern submarine cables, including the UNCLOS;
2021/05/31
Committee: AFET
Amendment 329 #

2021/2038(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Supports the proposal of a EU-US Trade and Technology Council (TCC), aiming at boosting trade, developing compatible standards and promote innovation as well as increasing cooperation on protecting critical technologies;
2021/05/31
Committee: AFET
Amendment 256 #

2021/2037(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Welcomes the adoption of the EU Global Human Rights Sanctions Regime (EU Magnitsky Act) and the imposed restrictive measures against Chinese individuals and entities responsible for serious human rights abuses in China; calls for additional restrictive measures against human rights abusers;
2021/05/27
Committee: AFET
Amendment 260 #

2021/2037(INI)

Motion for a resolution
Paragraph 11 b (new)
11 b. Regrets Chinese boycotts of international companies in response to having cut supply chains with Xinjiang due to reports about forced labour;
2021/05/27
Committee: AFET
Amendment 270 #

2021/2037(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Notes China's investments in research and strategic infrastructure in the Arctic and recalls that the EU should prevent losing important ground in this field;
2021/05/27
Committee: AFET
Amendment 354 #

2021/2037(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Expresses concern about systemic human rights violations in China and strongly condemns all cases of arbitrary arrests, suppression of free flow of information and freedom of expression; calls on the Chinese government to immediately release all arbitrarily detained persons, including Swedish citizen Gui Minhai;
2021/05/27
Committee: AFET
Amendment 408 #

2021/2037(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Underlines the importance of respecting free and open maritime routes in the Indo-Pacific, in accordance with the UNCLOS; opposes unilateral actions in the South China Sea and reiterates its support for resolving disputes through peaceful means in accordance with international law;
2021/05/27
Committee: AFET
Amendment 418 #

2021/2037(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Expresses its concerns about Chinese industrial espionage and cyber theft against European companies; stresses the importance of strengthening private and public cyber capabilities;
2021/05/27
Committee: AFET
Amendment 468 #

2021/2037(INI)

Motion for a resolution
Paragraph 34
34. Points to the need to strengthen the EU’s tools to defend itself, increase its capacity to protect its interests overseas, acquire greater influence in its direct neighbourhood and ensure that the Member States are united in their geopolitical approach, as well as strengthening its capabilities on cyber security and hybrid threats;
2021/05/27
Committee: AFET
Amendment 179 #

2021/2035(INL)

Motion for a resolution
Paragraph 4 – point 1 (new)
(1) Stresses that combating violence against women is necessary to achieve the goal of equality between women and men in Europe and that a life free from violence is fundamental for more women to participate in the labour market, reach their full potential within their work, be financially independent and to hold decision-making positions in business and politics;
2021/06/08
Committee: LIBEFEMM
Amendment 189 #

2021/2035(INL)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on all Member States to ratify the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention);
2021/06/08
Committee: LIBEFEMM
Amendment 190 #

2021/2035(INL)

Motion for a resolution
Paragraph 5 b (new)
5b. Calls on the EU as a whole to accede to the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention);
2021/06/08
Committee: LIBEFEMM
Amendment 191 #

2021/2035(INL)

Motion for a resolution
Paragraph 5 c (new)
5c. Condemns all the disinformation that is deliberately spread about tools and initiatives to combat violence against women in the EU; considers that it is extremely serious that this disinformation is gaining a foothold in Europe and thus contributing to the difficulty of protecting women from violence;
2021/06/08
Committee: LIBEFEMM
Amendment 313 #

2021/2035(INL)

Motion for a resolution
Paragraph 15 – point 1 (new)
(1) Calls on the Member States to work more intensively with preventive measures to minimize the risks of gender- based violence, domestic violence and honour killings; notes that such measures require a clearer focus in the entire judiciary as well as in schools and in healthcare to prevent and minimize the risks of violence;
2021/06/08
Committee: LIBEFEMM
Amendment 30 #

2021/2007(INI)

Draft opinion
Paragraph 2 c (new)
2c. Welcomes the fact that the Commission is evaluating the possibility to introduce a unified SPC grant mechanism and/or create a unitary SPC title, which would solve the actual situation of fragmented implementation across Member States.
2021/04/28
Committee: IMCO
Amendment 467 #

2021/0414(COD)

Proposal for a directive
Article 1 – paragraph 2 – introductory part
2. This Directive lays down minimum rights that apply to every person performing platform work in the Union who has, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in theeach Member States with consideration to the case-law of the Court of Justice. This Directive shall be without prejudice to the full respect of the autonomy of social partners, including their right to negotiate and conclude collective agreements.
2022/06/10
Committee: EMPL
Amendment 549 #

2021/0414(COD)

Proposal for a directive
Article 3 – paragraph 1
1. Member States shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice, and ensuring that they enjoy the rights deriving from Union law applicable to workers.
2022/06/10
Committee: EMPL
Amendment 1013 #

2021/0414(COD)

Proposal for a directive
Article 20 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States without affecting the freedom of the social partners to negotiate and conclude collective agreements.
2022/06/10
Committee: EMPL
Amendment 1017 #

2021/0414(COD)

Proposal for a directive
Article 20 – paragraph 2
2. This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market.
2022/06/10
Committee: EMPL
Amendment 1021 #

2021/0414(COD)

Proposal for a directive
Article 20 a (new)
Article 20a Collective bargaining and action 1. This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements in accordance with national law or practice. 2. In accordance with national law and practice, Member States may allow for the social partners to maintain, negotiate, conclude and enforce collective agreements which deviate from the directive, provided that the overall results sought by this Directive are ensured.
2022/06/10
Committee: EMPL
Amendment 33 #

2021/0406(COD)

Proposal for a regulation
Recital 5
(5) The modern interconnected world economy creates an increased risk of, and opportunity for, economic coercion, as it provides countries with enhanced, including hybrid, means to deploy such coercion. For this purpose, it is essential to strengthen resilience of the single market, diversify trade relations and boost European competitiveness. It is also desirable that the Union contribute to the creation, development and clarification of international frameworks for the prevention and elimination of situations of grave economic coercion through a deterring instrument that complements existing Union instruments.
2022/04/29
Committee: IMCO
Amendment 38 #

2021/0406(COD)

Proposal for a regulation
Recital 6
(6) Whilst always acting within the framework of international law, it is essential that the Union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its Member States. This is particularly the case where third countries take measures affecting trade or investment that interfere in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State. Such measures affecting trade or investment may include not only actions taken on, and having effects within, the territory of the third country, but also actions taken by the third country, including through entities controlled or directed by the third country and present in the Union, that cause harm to the functioning of the internal market or economic activities in the Union.
2022/04/29
Committee: IMCO
Amendment 42 #

2021/0406(COD)

Proposal for a regulation
Recital 9
(9) In accordance with the principle of proportionality, it is necessary and appropriate, for creating an effective, credible 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 for certainty and to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators and impact of the internal market as well as the Union’s interest. 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.
2022/04/29
Committee: IMCO
Amendment 47 #

2021/0406(COD)

Proposal for a regulation
Recital 15
(15) The Union should only impose countermeasures when other means such as negotiations, mediation or adjudication do not lead to the prompt and effective cessation of the economic coercion and to reparation of the injury it has caused to the Union or its Member States, and where action is necessary to protect the EU internal market, the interests and rights of the Union and its Member States and it is in the Union’s interest. It is appropriate that the Regulation sets out the applicable rules and procedures for the imposition and application of Union response measures and permits expeditious action where necessary to preserve the effectiveness of any Union response measures.
2022/04/29
Committee: IMCO
Amendment 48 #

2021/0406(COD)

Proposal for a regulation
Recital 16
(16) Union response measures adopted in accordance with this Regulation should be selected and designed on the basis of objective criteria, including: 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, is proportionate and targeted to maximise the effectiveness of the measure and minimise its impact to Union economic operators. 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.
2022/04/29
Committee: IMCO
Amendment 52 #

2021/0406(COD)

Proposal for a regulation
Recital 20
(20) It is essential to provide for opportunities for stakeholder involvement, including businesses, for the purposes of adoption and amendment of Union response measures, and as relevant for the purposes of suspension and termination, in view of the potential impact on such stakeholders.
2022/04/29
Committee: IMCO
Amendment 55 #

2021/0406(COD)

Proposal for a regulation
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, its impact on trade, investments and the single market, and its added value in relation to existing tools. 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,
2022/04/29
Committee: IMCO
Amendment 64 #

2021/0406(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point d
(d) whether the third country is acting based on a legitimate concern that is internationally recognised;deleted
2022/04/29
Committee: IMCO
Amendment 69 #

2021/0406(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The Commission may carry out the examination referred to in paragraph 1 on its own initiative, at the request of a Member State or following information received from any other source. The Commission shall ensure the protection of confidential information in line with Article 12, which may include the identity of the supplier of the information.
2022/04/29
Committee: IMCO
Amendment 82 #

2021/0406(COD)

Proposal for a regulation
Article 5 – paragraph 3
The Commission shall keep the European Parliament and the Council informed of relevant developments without undue delay.
2022/04/29
Committee: IMCO
Amendment 87 #

2021/0406(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) action is commensurate, balanced and necessary to protect the interests and rights of the Union and its Member States in that particular case, and
2022/04/29
Committee: IMCO
Amendment 88 #

2021/0406(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) action is in the Union’s interest, taking into account the impact on the economy and the internal market.
2022/04/29
Committee: IMCO
Amendment 102 #

2021/0406(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c
(c) the avoidance or minimisation of negative impacts on affected actors by Union response measures, including long- term predictability and the availability of alternatives for affected actors, for example alternative sources of supply for goods or services;
2022/04/29
Committee: IMCO
Amendment 107 #

2021/0406(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission shall keep under regular 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 whether the measures in place are commensurate to the economic coercion, and shall keep the European Parliament and the Council informed thereof.
2022/04/29
Committee: IMCO
Amendment 111 #

2021/0406(COD)

Proposal for a regulation
Article 10 – paragraph 3 a (new)
3 a. A Member State that has been subject to economic coercion shall have the right to request the Commission to review measures, if the Member State considers that the measures are no longer sufficient to counteract coercion or are no longer commensurate to the economic coercion imposed by the third country.
2022/04/29
Committee: IMCO
Amendment 128 #

2021/0406(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Commission shall evaluate any Union response measure adopted pursuant to Article 7 six months after its termination, taking into account stakeholder input and any other relevant information. The evaluation report shall examine the effectiveness and operation of the Union response measure, and draw possible conclusions for future measures. The Commission shall inform the European Parliament and the Council of its general conclusions.
2022/04/29
Committee: IMCO
Amendment 153 #

2021/0381(COD)

Proposal for a regulation
Recital 5
(5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic wayin certain cases have a negative impact on the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. However, targeting and amplification techniques also have benefits to democracy, political participation and the right to be informed.
2022/09/19
Committee: IMCO
Amendment 175 #

2021/0381(COD)

Proposal for a regulation
Recital 16
(16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature, and of any editorial content, even when it is political, but is under a media service provider in print.
2022/09/19
Committee: IMCO
Amendment 189 #

2021/0381(COD)

Proposal for a regulation
Recital 19
(19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation. The Regulation shall not affect the media's editorial freedom or freedom of speech.
2022/09/19
Committee: IMCO
Amendment 221 #

2021/0381(COD)

Proposal for a regulation
Recital 38
(38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensuremake resonable efforts for the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement.
2022/09/19
Committee: IMCO
Amendment 279 #

2021/0381(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
2022/09/19
Committee: IMCO
Amendment 299 #

2021/0381(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message and is not a part of editorial content under the editorial responsibility of a media service provider in print:
2022/09/19
Committee: IMCO
Amendment 374 #

2021/0381(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Providers of political advertising services shall ensuremake resonable efforts that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions of this Regulation are complied with.
2022/09/19
Committee: IMCO
Amendment 380 #

2021/0381(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. Providers of political advertising services shall retain information, only to the extent absolutely necessary, they collect in the provision of their services, on the following:
2022/09/19
Committee: IMCO
Amendment 394 #

2021/0381(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Providers of political advertising services shall take resonable efforts to ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible. Political advertising publishers shall not be directly liable if the provider has given clearly incorrect information .
2022/09/19
Committee: IMCO
Amendment 443 #

2021/0381(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisemen. It shall be the sponsor's responsibility to ensure that the information provided to the advertiser is correct.
2022/09/19
Committee: IMCO
Amendment 448 #

2021/0381(COD)

4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher , if the publisher is a very large online platform as defined by Article 25 of Regulation (EU) 2021/xxx [the Digital Service Act].with the political advertisement from its first publication until one year after its last publication.
2022/09/19
Committee: IMCO
Amendment 456 #

2021/0381(COD)

Proposal for a regulation
Article 7 – paragraph 5
5. Political advertising publishers that is a very large online platform as defined by the Article 25 of Regulation (EU) 2021/xxx [the Digital Service Act]. shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4.
2022/09/19
Committee: IMCO
Amendment 524 #

2021/0381(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within twofive working days, acknowledge receipt of that request and inform the authority of the steps taken to comply with it. The relevant service provider shall provide the requested information within ten working days.
2022/09/19
Committee: IMCO
Amendment 529 #

2021/0381(COD)

Proposal for a regulation
Article 11 – paragraph 1 – introductory part
1. Providers of political advertising services shall take the appropriate and resonable measures to transmit the information referred to in Article 6 to interested entities upon request and without costs.
2022/09/19
Committee: IMCO
Amendment 537 #

2021/0381(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Following a request from an interested entity, the service provider shall make bestresonable efforts to provide the requested information or its reasoned response under paragraph 5, within one month.
2022/09/19
Committee: IMCO
Amendment 544 #

2021/0381(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. Where requests under paragraph 1 are repetitive and their processing involves significant costs, the service provider may charge a reasonable and proportionate fee, which in any event shall not exceed the administrative costs of providing the information requested.
2022/09/19
Committee: IMCO
Amendment 35 #

2021/0293(COD)

Proposal for a decision
Recital 3
(3) As outlined in the Commission’s Communication updating the 2020 new industrial strategy32 , it is necessary for the European Union to identify systems of critical technologies and strategic sectors, to address strategic weaknesses and high- risk dependencies which could lead to supply shortages or cybersecurity risks, and to foster digital transition. This underlines the importance for Member States to join forces and to support industry’s efforts to address these dependencies and to develop strategic capacity needs. This also responds to the analysis in the 2021 Strategic Foresight Report33 . In the framework of the Recovery and Resilience Facility and the preparation of national recovery and resilience plans, the Commission encouraged Member States to coordinate their efforts in favour of Multi-Country Projects in the digital area. This experience highlighted the need for the Commission to support coordination efforts by Member States, and for the Union to dispose of implementation mechanisms that facilitate joint investments, in order for Multi- Country Projects to materialise. In conjunction with other Commission’s initiatives such as the Observatory for Critical Technologies34 , a governance structure implementing the Digital Compass Communication should be established and should help to identify the Union’s current and possible future digital strategic dependencies and contribute to strengthening its digital sovereignty while maintaining an open digital market. _________________ 32 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions updating the 2020 new industrial strategy: Building a stronger Single Market for Europe’s recovery”, 5.5.2021 COM(2021) 350 final. 33 COM(2021) 750 final of 8.9.2021 – “2021 Strategic Foresight Report - The EU’s capacity and freedom to act”. 34 Action Plan on synergies between civil, defence and space industries, 22.02.2021, COM(2021) 70 final, Action 4.
2022/02/22
Committee: IMCO
Amendment 38 #

2021/0293(COD)

Proposal for a decision
Recital 4
(4) The Commission’s Communication on the European Green Deal35 emphasised that Europe should leverage the potential of the digital transformation, which is a key enabler for reaching the Green Deal objectives. The Union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the Green Deal in many different sectors. Digital technologies such as artificial intelligence, 5G, cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. Digitalisation also presents new opportunities for distance monitoring of air and water pollution, or for monitoring and optimising how energy and natural resources are used. Europe needs a digital sector that puts sustainability at its heart, ensuring that digital infrastructures, digital services and technologies become verifiably more sustainable and energy- and resource efficient, and contribute to a sustainable circular and climate-neutral economy and society in line with the European Green Deal. _________________ 35 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions “The European Green deal”, 11.12.2019, COM/2019/640 final.
2022/02/22
Committee: IMCO
Amendment 40 #

2021/0293(COD)

Proposal for a decision
Recital 4 a (new)
(4a) The Digital Single Market has a key role in promoting innovation and the competitiveness of digital businesses in Europe. Removing remaining barriers to cross-border trade with digital services is an important step to realise the full potential of the digital transition in the Union.
2022/02/22
Committee: IMCO
Amendment 70 #

2021/0293(COD)

Proposal for a decision
Recital 15
(15) In particular, the Commission should report on the progress towards the digital targets, detailing the degree of Union progress in relation to the projected trajectories for each target, the assessment of the efforts necessary to reach each target, including investment gaps in digital capacities and raising awareness about the actions needed to increase digital sovereignty, while maintaining an open digital market. The report should also include an assessment of the implementation of relevant regulatory proposals as well as of the actions undertaken at Union and Member States level.
2022/02/22
Committee: IMCO
Amendment 108 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point c
(c) ensure digital sovereignty notably by a secure and accessible digital infrastructure capable to process vast volumes of data that enables other technological developments, supporting the competitiveness of the Union's industry while maintaining an open digital market;
2022/02/22
Committee: IMCO
Amendment 129 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point f a (new)
(fa) strengthen the digital single market through facilitating cross-border trade with digital services;
2022/02/22
Committee: IMCO
Amendment 221 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 2 – point e a (new)
(ea) improving the functioning of the digital single market through facilitating cross-border operations and removing barriers to trade;
2022/02/22
Committee: IMCO
Amendment 85 #

2021/0291(COD)

Proposal for a directive
Recital 9
(9) It is therefore necessary to harmonise the charging interface and charging communication protocols for specific categories or classes of radio equipment that are recharged via wired charging. It is also necessary to provide the basis for adaption to any future technological progress by introducing a harmonisation of the charging interfaces and the charging communication protocols with respect to radio equipment that may be charged via any means other than wired charging including charging via radio waves (wireless charging). Such harmonisation should reduce environmental waste, ensure consumer convenience and avoid fragmentation of the market among different charging interfaces and charging communication protocols as well as among any initiatives at national level, which might cause barriers to trade in the internal market.
2022/02/21
Committee: IMCO
Amendment 98 #

2021/0291(COD)

Proposal for a directive
Recital 13
(13) With respect to charging by means other than wired charging, divergent solutions may be developed in the future, which may have negative impacts on interoperability, consumer convenience and the environment. Whilst it is premature to impose specific requirements on such solutions at this stage, the Commission should be able to take action towards harmonising them in the future, if fragmentation on the internal market is observed.deleted
2022/02/21
Committee: IMCO
Amendment 114 #

2021/0291(COD)

Proposal for a directive
Recital 19
(19) In order to address any future developments in charging technology and to ensure the minimum common interoperability between radio equipment and the charging devices for such radio equipment, 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 categories or classes of radio equipment and the specifications regarding the charging interfaces and charging communication protocols, as well as the details on the information in relation to charging. 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 Inter- institutional Agreement on Better Law- Making of 13 April 201615 . 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. __________________ 15 OJ L 123, 12.5.2016, p. 1.deleted
2022/02/21
Committee: IMCO
Amendment 124 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
With respect to radio equipment capable of being recharged via wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44 to amend Annex Ia in the light of technical progress, and to ensure the minimum common interoperability between radio equipment and their charging devices, by: (a) modifying, adding or removing categories or classes of radio equipment; (b) modifying, adding or removing technical specifications, including references and descriptions, in relation to the charging receptacle(s) and charging communication protocol(s), for each category or class of radio equipment concerned.’deleted
2022/02/21
Committee: IMCO
Amendment 127 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point a
(a) modifying, adding or removing categories or classes of radio equipment;deleted
2022/02/21
Committee: IMCO
Amendment 131 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point b
(b) modifying, adding or removing technical specifications, including references and descriptions, in relation to the charging receptacle(s) and charging communication protocol(s), for each category or class of radio equipment concerned.’deleted
2022/02/21
Committee: IMCO
Amendment 136 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3
With respect to radio equipment capable of being recharged via means other than wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia in the light of technical progress, and to ensure the minimum common interoperability between radio equipment and their charging devices, by: (a) introducing, modifying, adding or removing categories or classes of radio equipment; (b) removing technical specifications, including references and descriptions, in relation to charging interface(s) and charging communication protocol(s), for each category or class of radio equipment concerned.’;deleted introducing, modifying, adding or
2022/02/21
Committee: IMCO
Amendment 141 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – point a
(a) introducing, modifying, adding or removing categories or classes of radio equipment;deleted
2022/02/21
Committee: IMCO
Amendment 143 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – point b
(b) introducing, modifying, adding or removing technical specifications, including references and descriptions, in relation to charging interface(s) and charging communication protocol(s), for each category or class of radio equipment concerned.’;deleted
2022/02/21
Committee: IMCO
Amendment 170 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Directive 2014/53/EU
Article 44 – paragraph 2
With respect to delegated acts referred to in Articles 3(4) and Article 10(8), third subparagraph, the power to adopt delegated acts is conferred on the Commission for a period of five years from [OP please insert date of entry into force of this Directive];
2022/02/21
Committee: IMCO
Amendment 143 #

2021/0171(COD)

Proposal for a directive
Recital 29
(29) Specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them, in particular, to compare different offers. Such information should be given in a clear, concise and prominent way by means of a representative example. The standard information should be shown upfront and saliently, in a clear way and in an engaging format. It should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens. Temporary promotional conditions, such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services, should be clearly identified as such. Consumers should see all essential information at a glance or access it in a simple and user- friendly way through clicking, scrolling or swiping, even when they watch it on the screen of a mobile telephone. The creditor and, where applicable, credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor, the credit intermediary or provider of crowdfunding credit services quickly and efficiently. A ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available, in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. The ceiling should indicate the upper limit of credit which can be made available to the consumer. In specific and justified cases, in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it, such as in radio advertising, the amount of information disclosed could be reduced. In addition, Member States should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit.
2022/03/16
Committee: IMCO
Amendment 154 #

2021/0171(COD)

Proposal for a directive
Recital 31
(31) Pre-contractual information should be provided through the Standard European Consumer Credit Information form. To help consumers understand and compare offers, a Standard European Consumer Credit Overview form summarising the key element of the credit should be provided in addition to the Standard European Consumer Credit Information form, through which consumers should see all essential information at a glance, even on the screen of a mobile telephone. Information should be clear, clearly legible and adapted to the technical constraints of certain media such as mobile telephone screens. It should be displayed in an adequate and suitable way on the different channels, to ensure that every consumer can access information on an equal basis and in line with Directive (EU) 2019/882 of the European Parliament and of the Council30 . _________________ 30 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
2022/03/16
Committee: IMCO
Amendment 268 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 4 a (new)
4 a. In case of credit agreements below the amount of EUR 200 and interest-free credits that have to be repaid within three months, only Articles 1, 2, 3, 19, 30 and 37 shall apply. Furthermore, the creditor shall disclose the annual percentage rate of charge at the pre-contractual and contractual stage and consult the databases referred to in article 19 to assess the credit worthiness of the consumer before granting the credit.
2022/03/16
Committee: IMCO
Amendment 338 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 a (new)
In specific and justified cases where a digital medium used to communicate the standard information does not allow for the information to be visually displayed in a simple manner, the consumer should be able to in a simple and user-friendly way access further information by means of clicking, scrolling or swiping.
2022/03/16
Committee: IMCO
Amendment 348 #

2021/0171(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that clear and comprehensible general information about credit agreements or crowdfunding credit services is made available to consumers by creditors or, where applicable, by credit intermediaries or providers of crowdfunding credit services, at all times on electronic form, or upon request on paper or on another durable medium.
2022/03/16
Committee: IMCO
Amendment 378 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point a a (new)
(a a) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances;
2022/03/16
Committee: IMCO
Amendment 379 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point a b (new)
(a b) costs in the case of late payments;
2022/03/16
Committee: IMCO
Amendment 388 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point f
(f) the borrowing rate, or all borrowing rates where different borrowing rates apply in different circumstances, the conditions governing the application of each borrowing rate and, where available, any index or reference rate applicable to each initial borrowing rate , as well as the periods, conditions and procedures for changing each borrowing rate;
2022/03/16
Committee: IMCO
Amendment 420 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4
4. At the same time as the Standard European Consumer Credit Information form is provided to the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services, shall provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II, containing the following pre-contractual information: (a) the total amount of credit; (b) the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services; (c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; (d) the annual percentage rate of charge and the total amount payable by the consumer; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) costs in the case of late payments;deleted
2022/03/16
Committee: IMCO
Amendment 424 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point a
(a) the total amount of credit;deleted
2022/03/16
Committee: IMCO
Amendment 425 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point b
(b) the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services;deleted
2022/03/16
Committee: IMCO
Amendment 426 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point c
(c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances;deleted
2022/03/16
Committee: IMCO
Amendment 428 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point d
(d) the annual percentage rate of charge and the total amount payable by the consumer;deleted
2022/03/16
Committee: IMCO
Amendment 429 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point e
(e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price;deleted
2022/03/16
Committee: IMCO
Amendment 430 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point f
(f) costs in the case of late payments;deleted
2022/03/16
Committee: IMCO
Amendment 439 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5
5. Information displayed in the Standard European Consumer Credit Information form and in the Standard European Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels. Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.deleted
2022/03/16
Committee: IMCO
Amendment 448 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.
2022/03/16
Committee: IMCO
Amendment 458 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 467 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer.
2022/03/16
Committee: IMCO
Amendment 488 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 6
6. Upon request from the consumer, the creditor and, where applicable, the credit intermediary shall, in addition to the European Consumer Credit Information and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.
2022/03/16
Committee: IMCO
Amendment 490 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this Article, the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement.
2022/03/16
Committee: IMCO
Amendment 176 #

2021/0170(COD)

Proposal for a regulation
Recital 10
(10) The precautionary principle is a fundamental principle for ensuring the safety of products and consumers and should therefore be taken into due account by all relevant actors when applying this RegulationSince the cooperation between market surveillance authorities and custom authorities is key in order to avoid unsafe products entering the single market, more financial and human resources for these authorities are needed in order to properly fulfil their tasks.
2022/01/19
Committee: IMCO
Amendment 177 #

2021/0170(COD)

Proposal for a regulation
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a productsafety, hazards associated with the product, like physical and mechanical resistance, flammability, chemical, electrical or biological properties, hygiene and radioactivity, should be taken into consideration in the application of this Regulation in as much as it cansuch hazards also ultimately result in a risk to the health and safety of consumers. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
2022/01/19
Committee: IMCO
Amendment 182 #

2021/0170(COD)

Proposal for a regulation
Recital 16
(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented as to be repaired or to be refurbished. Consumer to consumer activities like a garage sale do not fulfil the commercial activity requirement and should therefore be excluded from this legislation;
2022/01/19
Committee: IMCO
Amendment 187 #

2021/0170(COD)

Proposal for a regulation
Recital 20
(20) New technologies might also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics.
2022/01/19
Committee: IMCO
Amendment 191 #

2021/0170(COD)

Proposal for a regulation
Recital 21
(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function.deleted
2022/01/19
Committee: IMCO
Amendment 200 #

2021/0170(COD)

Proposal for a regulation
Recital 23 a (new)
(23 a) Digital items that are linked to a product are also products, even if they are not a tangible item and they should therefore fall under the scope of application of this Regulation.
2022/01/19
Committee: IMCO
Amendment 205 #

2021/0170(COD)

Proposal for a regulation
Recital 24 a (new)
(24 a) In order for economic operators that are SMEs and micro-businesses to be able to cope with the new obligations imposed by this Regulation, the Commission should provide them with practical guidelines and tailored guidance, for example, a direct channel to connect to experts in case of questions. The Commission might also consider simplifications in order to limit their administrative burden.
2022/01/19
Committee: IMCO
Amendment 214 #

2021/0170(COD)

Proposal for a regulation
Recital 26
(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They could also be considered as economic operators if they are the manufacturer, importer, distributor or a fulfilment service provider of the respective product.
2022/01/19
Committee: IMCO
Amendment 215 #

2021/0170(COD)

Proposal for a regulation
Recital 27
(27) Given the important role played by online marketplaces when intermediating the sale of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the responsibility and accountabilityduties of providers of intermediary services online with regard to illegal contents, including unsafe products. That. Lex specialis Article 20 of this Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulation.in the Digital Services Act in order to effectively tackle the sale of dangerous products online __________________ 29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') - OJ L 178, 17.7.2000, p. 1–16. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
2022/01/19
Committee: IMCO
Amendment 219 #

2021/0170(COD)

Proposal for a regulation
Recital 28
(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The PHowever, the progress reports on the implementation of the product Ssafety Ppledge has proved its rationale in enhancing theve outlined a lack of progress in some of the voluntary commitments on product safety and therefore the aim of protection ofng consumers against dangerous products sold online. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field could not be successfully reached by this pledge until now.
2022/01/19
Committee: IMCO
Amendment 221 #

2021/0170(COD)

Proposal for a regulation
Recital 29
(29) Online marketplaces should act with due care in relation to the content hostsafety of products placed on their online interfaces that concerns safety of products, in accordance with the specific obligations laid down in this Regulation. Accordingly, due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products and at the same time administrative burden should be kept to a minimum in order to allow for a level- playing field.
2022/01/19
Committee: IMCO
Amendment 229 #

2021/0170(COD)

Proposal for a regulation
Recital 34
(34) Even where tThe Safety Gate should be modernised and updated in order to make it easier for the economic operators and online marketplaces to detect unsafe products. The information from the Safety Gate does notshould contain an exact uniform resource locator (URL) and, where necessary, additional information enabling the identification of the illegal content concernedunsafe product. Additionally, online marketplaces should nevertheless take into account the transmitted information, such as product identifiers, when available, and other traceability information, in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting, identifying, removing or disabling access to dangerous products offered on their marketplace, where applicable.
2022/01/19
Committee: IMCO
Amendment 231 #

2021/0170(COD)

Proposal for a regulation
Recital 35
(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particular consumer organisations and associations representing consumers’ interest and other relevant stakeholders, upon their request, as trusted flaggers, provided that the conditions set out in that article have been met.
2022/01/19
Committee: IMCO
Amendment 243 #

2021/0170(COD)

Proposal for a regulation
Recital 47 a (new)
(47 a) Market surveillance authorities should carry out mystery shopping on a regular basis, at least once a year, including on online marketplaces and in particular on products that have been mostly listed on the Safety Gate.
2022/01/19
Committee: IMCO
Amendment 244 #

2021/0170(COD)

Proposal for a regulation
Recital 50
(50) The Union rapid information system (RAPEX) has proved its effectiveness and efficiency. It enablesneeds to be updated and modernised in order to enable more efficient corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. It is opportune, though, to change the used abbreviated name from RAPEX to Safety Gate for greater clarity and better outreach to consumers. Safety Gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the Commission can exchange information on such products, a web portal to inform the public (Safety Gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (Safety Business Gateway). Additionally it has to provide an interoperable interface to enable online marketplaces to check the products on their website with the products listed on Safety Gate in an easy, quick and reliable way.
2022/01/19
Committee: IMCO
Amendment 262 #

2021/0170(COD)

Proposal for a regulation
Recital 58
(58) Market surveillance authorities mightshould carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create situations which might distort competition or affect the objectivity, independence and impartiality of the parties.
2022/01/19
Committee: IMCO
Amendment 265 #

2021/0170(COD)

Proposal for a regulation
Recital 59
(59) Simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety. In particular and therefore should be conducted on a regular basis to detect online and offline infringements to this Regulation. Additionally, sweeps should be conducted where market trends, consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.
2022/01/19
Committee: IMCO
Amendment 297 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g
(g) equipment on which consumers ride or travel which is not driven by the consumers themselves but operated by a service provider within the context of a service provided to consumers;
2022/01/19
Committee: IMCO
Amendment 299 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 5
5. This Regulation shall be applied taking due account of the precautionary principle.deleted
2022/01/19
Committee: IMCO
Amendment 306 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
1. ‘product’ means any tangible or intangible item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
2022/01/19
Committee: IMCO
Amendment 314 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
2022/01/19
Committee: IMCO
Amendment 331 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;
2022/01/19
Committee: IMCO
Amendment 356 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 56 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:
2022/01/19
Committee: IMCO
Amendment 364 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) the presentation of the product, the labelling, including the age labelling of products regarding their suitability of legality for children, any warnings and instructions for its safe use and disposal, and any other indication or information regarding the product;
2022/01/19
Committee: IMCO
Amendment 367 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point e
(e) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, including the impact of digital and connected products on their mental health, and older people and persons with disabilities;
2022/01/19
Committee: IMCO
Amendment 368 #

2021/0170(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point f
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics and may therefore be placed in the mouth, sucked or ingested by the consumer, especially by children, and which might cause, for example, suffocation, poisoning, the perforation or obstruction of the digestive tract;
2022/01/19
Committee: IMCO
Amendment 397 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 2 – introductory part
2. Manufacturers shall investigate the complaints received that concern products they made available on the market, and which have been identified as dangerous by the complainant, and shall keep a register of these complaints as well as of product recalls.
2022/01/19
Committee: IMCO
Amendment 402 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, like a customer service, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product.
2022/01/19
Committee: IMCO
Amendment 409 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encodedfor present and future recalls.
2022/01/19
Committee: IMCO
Amendment 413 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. Manufacturers shall keepinform distributors, importers and, online marketplaces in the concerned supply chain informed of any safety issueand fulfilment service providers in the concerned supply chain without undue delay of any dangerous product that they have identified.
2022/01/19
Committee: IMCO
Amendment 418 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 4 – introductory part
4. Manufacturers shall draw up technical documentation of the product that might present a serious risk. The technical documentation shall contain, as appropriate:
2022/01/19
Committee: IMCO
Amendment 427 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation according to paragraph 4, for a period of ten years after the product has been placed on the market and make it available to the market surveillance authorities, upon request.
2022/01/19
Committee: IMCO
Amendment 463 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) where they have a reason to believe that a product in question presents a riskis not safe, inform the manufacturer and additionally, if necessary, the importer, the distributor and the fulfilment service provider without undue delay;
2022/01/19
Committee: IMCO
Amendment 473 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6) and (7), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and ensure that the market surveillance authorities are informedwithout undue delay.
2022/01/19
Committee: IMCO
Amendment 494 #

2021/0170(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
2022/01/19
Committee: IMCO
Amendment 524 #

2021/0170(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing of randomly chosen productscategories of products listed most frequently on the Safety Gate made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
2022/01/19
Committee: IMCO
Amendment 530 #

2021/0170(COD)

Proposal for a regulation
Article 15 a (new)
Article 15 a Small, medium and micro-enterprises 1. In order for economic operators that are SMEs and micro-businesses to be able to fulfil the new obligations according to Art. 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20 of this Regulation, the Commission shall provide them with practical guidelines and tailored guidance which include practical simplifications from the new obligations, where possible, in order to limit their administrative burden. At the same time financial support shall be provided. 2. The Commission is empowered to adopt delegated acts in accordance with Article 41 in order to guarantee support for SMEs and micro-enterprises according to paragraph 1.
2022/01/19
Committee: IMCO
Amendment 539 #

2021/0170(COD)

Proposal for a regulation
Article 17 – paragraph 3 – introductory part
3. TIn cooperation with relevant stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 41 six months after the entry into force of this Regulation at the latest to supplement this Regulation by:
2022/01/19
Committee: IMCO
Amendment 549 #

2021/0170(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point c
(c) information to identify the product, including its type and, when available, batch or serial number and any other product identifier;
2022/01/19
Committee: IMCO
Amendment 554 #

2021/0170(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident caused by aresulting in severe injuries or serious danger to life which was caused by a defect of the product placed or made available on the market is notified, within two working dout undue delays from the moment it knows about the facts of the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
2022/01/19
Committee: IMCO
Amendment 559 #

2021/0170(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. The importers and the distributors which have knowledge of an accident according to paragraph 1 caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notification, without undue delay.
2022/01/19
Committee: IMCO
Amendment 615 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 – point a
(a) cooperating to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and publishing the recall notice on their website;
2022/01/19
Committee: IMCO
Amendment 620 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 – point d
(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products while respecting sensitive business information;
2022/01/19
Committee: IMCO
Amendment 641 #

2021/0170(COD)

Proposal for a regulation
Article 21 – paragraph 4 a (new)
4 a. Market surveillance authorities shall carry out mystery shopping including on online shopping marketplaces, on a regular basis in order to particularly check the safety of product categories that are most frequently flagged on the Safety Gate;
2022/01/19
Committee: IMCO
Amendment 646 #

2021/0170(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. The Commission shall further develop and maintain aodernise the rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’)., as well as enhance its efficiency, in particular by providing a interoperable interface for online marketplaces to link their website with the Safety Gate, so that they can easily, quickly and reliably check products and product categories;
2022/01/19
Committee: IMCO
Amendment 647 #

2021/0170(COD)

Proposal for a regulation
Article 23 – paragraph 2 a (new)
2 a. The Commission shall adopt implementing acts specifying the interoperable interface on the Safety Gate according to Art. 23 para. 1, in particular concerning the access to the system and its operation. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3);
2022/01/19
Committee: IMCO
Amendment 653 #

2021/0170(COD)

Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
The notification shall be submitted in the Safety Gate within twofour working days from the adoption of the corrective measure.
2022/01/19
Committee: IMCO
Amendment 664 #

2021/0170(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. The Commission shall maintain an easy-accessible web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19.
2022/01/19
Committee: IMCO
Amendment 701 #

2021/0170(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Market surveillance authorities may decide toshall conduct simultaneous coordinated control actions (“sweeps”) of particular product categories ton a regular basis, at least once a year, in which they check compliance with or to detect online and offline infringements to this Regulation.
2022/01/19
Committee: IMCO
Amendment 722 #

2021/0170(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings. Taking due account of data protection, online marketplaces shall help economic operators in case they have sold the respective product on their marketplace to obtain the specific customer data needed in order to perform an efficient recall.
2022/01/19
Committee: IMCO
Amendment 733 #

2021/0170(COD)

Proposal for a regulation
Article 33 – paragraph 4
4. If not all affected consumers can be contacted directly even not with the help of the online marketplaces according to paragraph 1 of this Article, economic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities.
2022/01/19
Committee: IMCO
Amendment 775 #

2021/0170(COD)

Proposal for a regulation
Article 40 – paragraph 5 – point e
(e) to allow market surveillance authorities to perform data scraping of online interfaces. that respect sensitive business information.
2022/01/19
Committee: IMCO
Amendment 777 #

2021/0170(COD)

Proposal for a regulation
Article 40 – paragraph 7
7. Each year, the Commission shall elaborate and make public a report on the penalties imposed by Member States.
2022/01/19
Committee: IMCO
Amendment 778 #

2021/0170(COD)

Proposal for a regulation
Article 40 – paragraph 8 a (new)
8 a. where the penalties cover only a low amount;
2022/01/19
Committee: IMCO
Amendment 786 #

2021/0170(COD)

Proposal for a regulation
Article 47 – paragraph 2
It shall apply from [612 months after the entry into force of this Regulation].
2022/01/19
Committee: IMCO
Amendment 12 #

2021/0136(COD)

Proposal for a regulation
Recital 1
(1) The Commission Communication of 19 February 2020, entitled “Shaping Europe’s Digital Future”16 announces a revision of Regulation (EU) No 910/2014 of the European Parliament and of the Council with the aim of improving its effectiveness, and in response to technological developments since its adoption in 2014 while at the same time extending its benefits to the private sector and promoteing trusted digital identities for all Europeans. _________________ 16 COM/2020/67 final
2022/05/24
Committee: IMCO
Amendment 15 #

2021/0136(COD)

Proposal for a regulation
Recital 4
(4) A more harmonised approach to digitalelectronic identification and verification should reduce the risks and costs of the current fragmentation due to the use of divergent national solutions and will strengthen the Single Market by allowing citizens, other residents as defined by national law and businesses to identify online in a convenient, trustworthy and uniform way across the Union. Everyone should be able to securely access public and private services relying on an improved ecosystem for trust services and on verified proofs of identity and attestations of attributes, such as a university degreen academic qualification legally recognised and accepted everywhere in the Union, a professional qualification or a mandate to represent a company. The framework for a European Digital Identity aims to achieve a shift from the reliance on national digital identity solutions only, to the provision of electronic attestations of attributes valid at European levelnd legally recognised across the Union. Providers of electronic attestations of attributes should benefit from a clear and uniform set of rules and public administrations should be able to rely on electronic documents in a given format.
2022/05/24
Committee: IMCO
Amendment 21 #

2021/0136(COD)

Proposal for a regulation
Recital 7
(7) It is necessary to set out the harmonised conditions for the establishment of a framework for European Digital Identity Wallets to be issued by Member States, which should empower all Union citizens and other residents as defined by national law to share securely data related to their identity in a user friendly and convenient way under the sole control of the user. Technologies used to achieve those objectives should be developed aiming towards the highest level of security, user convenience and wide usability. Member States should ensure equal access to digital identification to all their nationals and residents, including vulnerable persons, such as persons with disabilities, persons who experience functional limitations and persons with limited access to digital technologies and taking into account insufficient digital literacy.
2022/05/24
Committee: IMCO
Amendment 26 #

2021/0136(COD)

Proposal for a regulation
Recital 9
(9) All European Digital Identity Wallets should allow users to electronically identify and authenticate online and, where possible, offline across borders in the single market for accessing a wide range of public and private services, and to create and use qualified electronic signatures and seals which are accepted across the Union. Without prejudice to Member States’ prerogatives as regards the identification of their nationals and residents, Wallets can also serve the institutional needs of public administrations, international organisations and the Union’s institutions, bodies, offices and agencies. Offline use would be important in many sectors, including in the health sector where services are often provided through face-to-face interaction and ePrescriptions should be able to rely on QR-codes or similar technologies to verify authenticity. The European Digital Identity Wallet should also allow the user to consult the history of the transactions, transfer the wallet’s data, restore the access on a different device and block access to the wallet in case of a security breach that leads to its suspension, revocation or withdrawal, and offer the possibility to contact support services of the wallet’s issuer. Relying on the level of assurance “high”, the European Digital Identity Wallets should benefit from the potential offered by tamper-proof solutions such as secure elements, to comply with the security requirements under this Regulation. The European Digital Identity Wallets should also allow users to create and use qualified electronic signatures and seals which are accepted across the EU. To achieve simplification and cost reduction benefits to persons and businesses across the EU, including by enabling powers of representation and e- mandates, Member States should issue European Digital Identity Wallets relying on common standards to ensure seamless interoperability and a high level of security. Only Member States’ competent authorities can provide a high degree of confidence in establishing the identity of a person and therefore provide assurance that the person claiming or asserting a particular identity is in fact the person he or she claims to be. It is therefore necessary that the European Digital Identity Wallets rely on the legal identity of citizens, other residents or legal entities. Trust in the European Digital Identity Wallets would be enhanced by the fact that issuing parties are required to implement appropriate technical and organisational measures to ensure a level of security commensurate to the risks raised for the rights and freedoms of the natural persons, in line with Regulation (EU) 2016/679.
2022/05/24
Committee: IMCO
Amendment 41 #

2021/0136(COD)

Proposal for a regulation
Recital 18
(18) In line with Directive (EU) 2019/88222 and Directive (EU) 2016/210222a, persons with disabilities should be able to use the European digital identity wallets, trust services and end-user products used in the provision of those services on an equal basis with other users. _________________ 22 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 22a Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1–15)
2022/05/24
Committee: IMCO
Amendment 45 #

2021/0136(COD)

Proposal for a regulation
Recital 20
(20) The provision and use of trust services are becoming increasingly important for international trade and cooperation. International partners of the EU are establishing trust frameworks inspired by Regulation (EU) No 910/2014. Therefore, in order to facilitate the recognition of such services and their providers, implementing legislation may set the conditions under which trust frameworks of third countries could be considered equivalent to the trust framework for qualified trust services and providers in this Regulation, as a complement to the possibility of the mutual recognition of trust services and providers established in the Union and in third countries in accordance with Article 218 of the Treaty. In order to encourage the international recognition of trust services, international standards should, where possible, be taken into account when creating the European digital identity wallet.
2022/05/24
Committee: IMCO
Amendment 46 #

2021/0136(COD)

Proposal for a regulation
Recital 21
(21) This Regulation should build on Union acts ensuring contestable and fair markets in the digital sector. In particular, it builds on the Regulation XXX/XXXX [Digital Markets Act], which that introduces rules for providers of core platform services designated as gatekeepers and, among others, prohibits gatekeepers to require business users to use, offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper. Article 6(1)(f) of the Regulation XXX/XXXX [Digital Markets Act] requires gatekeepers to allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services. According to Article 2 (15) of [Digital Markets Act] identification services constitute a type of ancillary services. Business users and providers of ancillary services should therefore be able to access such hardware or software features, such as secure elements in smartphones, and to interoperate with them through therequires gatekeepers to allow its business users to freely choose the identification service they want to use or interoperate with. This should cover European Digital Identity Wallets or Member States’ notified electronic identification means.
2022/05/24
Committee: IMCO
Amendment 49 #

2021/0136(COD)

Proposal for a regulation
Recital 28
(28) Wide availability and usability of the European Digital Identity Wallets require their acceptance by private service providers. Private relying parties providing services in the areas of transport, energy, banking and financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications should accept the use of European Digital Identity Wallets for the provision of services in an easily accessible and a non-discriminatory manner, to be further developed by the Toolbox, where strong user authentication for online identification is required by national or Union law or by contractual obligation. The use of European Digital Identity Wallets should not be compulsory for accessing public services. Member States should offer alternative and non- discriminatory solutions for citizens that do not wish to use European Digital Identity Wallets to access public services. Where very large online platforms as defined in Article 25.1. of Regulation [reference DSA Regulation] require users to authenticate to access online services, those platforms should be mandated to accept the use of European Digital Identity Wallets upon voluntary request of the user. Users should be under no obligation to use the wallet to access private services, but if they wish to do so, large online platforms should accept the European Digital Identity Wallet for this purpose while respecting the principle of data minimisation. Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service and economic transactions this is necessary to increase the protection of users from fraud and secure a high level of data protection. Self- regulatory codes of conduct at Union level (‘codes of conduct’) should be developed in order to contribute to wide availability and usability of electronic identification means including European Digital Identity Wallets within the scope of this Regulation. The codes of conduct should facilitate wide acceptance of electronic identification means including European Digital Identity Wallets by those service providers which do not qualify as very large platforms and which rely on third party electronic identification services for user authentication. They should be developed within 12 months of the adoption of this Regulation. The Commission should assess the effectiveness of these provisions for the availability and usability for the user of the European Digital Identity Wallets after 18 months of their deployment and revise the provisions to ensure their acceptance by means of delegated acts in the light of this assessment.
2022/05/24
Committee: IMCO
Amendment 53 #

2021/0136(COD)

Proposal for a regulation
Recital 31
(31) Secure electronic identification and the provision of attestation of attributes should offer additional flexibility and solutions for the financial services sector to allow identsecure identity verification of customers and the exchange of specific attributes necessary to comply with, for example, customer due diligence requirements under the Anti Money Laundering Regulation, [reference to be added after the adoption of the proposal], in particular where remote customer onboarding is being carried out, with suitability requirements stemming from investor protection legislation, or to support the fulfilment of strong customer authentication requirements for account login and initiation of transactions in the field of payment services.
2022/05/24
Committee: IMCO
Amendment 56 #

2021/0136(COD)

Proposal for a regulation
Recital 36
(36) In order to avoid fragmentation and barriers, due to diverging standards and technical restrictions, and to ensure a coordinated process to avoid endangering the implementation of the future European Digital Identity framework, a process for close and structured cooperation between the Commission, Member States and the private sector is needed. To achieve this objective, Member States should cooperate within the framework set out in the Commission Recommendation XXX/XXXX [Toolbox for a coordinated approach towards a European Digital Identity Framework]26 to identify a Toolbox for a European Digital Identity framework. The Toolbox should include a comprehensive technical architecture and reference framework, a set of common standards, building on international standards, where possible, and technical references and a set of guidelines and descriptions of best practices covering at least all aspects of the functionalities and interoperability of the European Digital Identity Wallets including eSignatures and of the qualified trust service for attestation of attributes as laid out in this regulation. In this context, Member States should also reach agreement on common elements of a business model and fee structure of the European Digital Identity Wallets, to facilitate take up, in particular by small and medium sized companies in a cross-border context. The content of the toolbox should evolve in parallel with and reflect the outcome of the discussion and process of adoption of the European Digital Identity Framework. Civil society, such as consumer organisations or academics, and the private sector should be represented and consulted in the Toolbox process. Even after the adoption of the European Digital Identity Framework, the cooperation between the Commission, Member States, civil society and private sector should continue to exist, in order to ensure ongoing and effective coordination and implementation with regard to the common elements of the Toolbox, so that fragmentation and obstacles are regularly minimised, and in order to encourage its cross-border use. _________________ 26 [insert reference once adopted]
2022/05/24
Committee: IMCO
Amendment 58 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 910/2014
Article 1 – paragraph 1 – introductory part
This Regulations aims at ensuring the proper functioning of the internal market andby providing an adequate level of security of electronic identification means and trust services that are easily accessible and user-friendly and can operate on a cross- border basis. For these purposes, this Regulation:
2022/05/24
Committee: IMCO
Amendment 59 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 910/2014
Article 1 – paragraph 1 – point d
(d) lays down the conditions for the issuing of European Digital Identity Wallets by Member States and for facilitating their cross-border use.;
2022/05/24
Committee: IMCO
Amendment 61 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 910/2014
Article 3 – paragraph 1 – point 42
(42) ‘European Digital Identity Wallet’ is a product and service that allows the user to store and manage identity data, including related consents, credentials and attributes linked to her/his identity, to provide them to relying parties on request and to use them for authentication, online and offline, for a service in accordance with Article 6a; and to create qualified electronic signatures and seals;
2022/05/24
Committee: IMCO
Amendment 75 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 3 – point a
(a) securely request and obtain, store, select, combine and share, in a manner that is easy, user-friendly, understandable and transparent to and traceable by the user, the necessary legal person identification data and electronic attestation of attributes to authenticate online and offline in order to use online public and private services across the Union;
2022/05/24
Committee: IMCO
Amendment 81 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 3 – point b a (new)
(b a) manage data they provide to online public and private relying parties through a simple interface in order to be able to change their choice.
2022/05/24
Committee: IMCO
Amendment 83 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 4 – point a – subpoint iv
(4) for the user to allow simple and transparent interaction with the European Digital Identity Wallet and display an “EU Digital Identity Wallet Trust Mark”;
2022/05/24
Committee: IMCO
Amendment 91 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 4 – point e a (new)
(e a) enable the user to access and request a copy, in a readable format, of the list of actions, transactions or uses of electronic attestations of attributes or person identification data, that have been authorized by the user.
2022/05/24
Committee: IMCO
Amendment 92 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 4 – point e b (new)
(e b) ensure that the user is able to contact support services of the European Digital Identity Wallet at Member State level, which also allows the user to efficiently request revocation or correction of outdated or incorrect data in the Wallet.
2022/05/24
Committee: IMCO
Amendment 108 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 10
10. The European Digital Identity Wallet shall be made accessible for persons with disabilities in accordance with the accessibility requirements of Annex I to Directive 2019/882, and to persons who experience functional limitations and persons with limited access to digital technologies and taking into account insufficient digital literacy.
2022/05/24
Committee: IMCO
Amendment 113 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 11
11. Within 6 months of the entering into force of this Regulation, the Commission shall establish technical and operational specifications and reference standards, build on international standards, where possible, for the requirements referred to in paragraphs 3, 4 and 5 by means of an implementing act on the implementation of the European Digital Identity Wallet. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 48(2).
2022/05/24
Committee: IMCO
Amendment 114 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation 910/2014
Article 6a – paragraph 11 a (new)
11 a. European Digital Identity Wallets shall be made available to citizens in a manner which is accessible from standard devices and shall not be exclusively destined for the most advanced operating systems and the most up to date technologies. The Wallet should be easily accessible for all citizens who want to rely on it, to be further established by the Toolbox based on affordability, accessibility, safety, proportionality and non-discrimination. The use of European Digital Identity Wallets should not be compulsory for accessing public services. Member States should offer alternative and non-discriminatory solutions for citizens that do not wish to use European Digital Identity Wallets to access public services.
2022/05/24
Committee: IMCO
Amendment 122 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation 910/2014
Article 10 b (new)
1 a. 10 b.Single Point of Contact The user of the European Digital Identity Wallet shall have a single point of contact at Member State level, which also allows the user to report an infringement or security breach or to efficiently request revocation or correction of outdated or incorrect data in the Wallet.
2022/05/24
Committee: IMCO
Amendment 129 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation 910/2014
Article 12b – paragraph 1
1. Where Member States require an electronic identification using an electronic identification means and authentication under national law or by administrative practice to access an online service provided by a public sector body, they shall also accept European Digital Identity Wallets issued in compliance with this Regulation and they will also clearly communicate such acceptance to potential users of the service.
2022/05/24
Committee: IMCO
Amendment 130 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation 910/2014
Article 12b – paragraph 2
2. Where private relying parties providing services are required by national or Union law, to use strong user authentication for online identification, or where strong user authentication is required by contractual obligation, including in the areas of transport, energy, banking and financial services, social security, health, drinking water, postal services, digital infrastructure, education or telecommunications, private relying parties shall also accept the use of European Digital Identity Wallets issued in accordance with Article 6a and they will also clearly communicate such acceptance to potential users of the service.
2022/05/24
Committee: IMCO
Amendment 134 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation 910/2014
Article 12b – paragraph 3
3. Where very large online platforms as defined in Regulation [reference DSA Regulation] Article 25.1. require users to authenticate to access online services, they shall also accept, though not exclusively, the use of European Digital Identity Wallets issued in accordance with Article 6a strictly upon voluntary request of the user and in respect of the minimum attributes necessary for the specific online service for which authentication is requested, such as proof of age. These very large online platforms will clearly communicate the acceptance of this possibility to potential users of the service.
2022/05/24
Committee: IMCO
Amendment 151 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation 910/2014
Article 15 – paragraph 1
The provision of Trust services and end- user products used in the provision of those services shall be made accessible for persons with disabilities in accordance with the accessibility requirements of Annex I of Directive 2019/882 on the accessibility requirements for products and services, , and to persons who experience functional limitations, such as elderly persons, and persons with limited access to digital technologies.;
2022/05/24
Committee: IMCO
Amendment 152 #

2021/0136(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point b
Regulation 910/2014
Article 18 – paragraph 1
1. Supervisory bodies shall cooperate with a view to exchanging good practice and information and providing mutual assistance regarding the provision of trust services with the aim to encourage the uptake of the Digital Identity Wallet and avoid fragmentation and barriers.;
2022/05/24
Committee: IMCO
Amendment 329 #

2021/0106(COD)

Proposal for a regulation
Recital 3 a (new)
(3 a) The deployment of artificial intelligence is critical for European competitiveness and in particular for the success of small and medium-sized enterprises in industrial sectors. AI solutions can support European companies to optimise production processes, predict machinery failures and develop more efficient and smart services. The potential of AI can however only fully materialise if European industry, and in particular SMEs, are provided with a permissive legislative framework which avoids any overregulation that would funnel resources away from R&D towards unnecessary compliance costs.
2022/06/13
Committee: IMCOLIBE
Amendment 337 #

2021/0106(COD)

Proposal for a regulation
Recital 4
(4) At the same time, depending on the circumstances regarding its specific application and use, artificial intelligence may generate risks and cause harm to public and private interests and rights that are protected by Union law. Such harm might be material or immaterial.
2022/06/13
Committee: IMCOLIBE
Amendment 352 #

2021/0106(COD)

Proposal for a regulation
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public and private interests, such as health and safety and the protection of fundamental rights, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
2022/06/13
Committee: IMCOLIBE
Amendment 446 #

2021/0106(COD)

Proposal for a regulation
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 462 #

2021/0106(COD)

Proposal for a regulation
Recital 19
(19) The use of those systems for the purpose of law enforcement should therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use is strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38 if those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined in the law of that Member State. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionate to highly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 478 #

2021/0106(COD)

Proposal for a regulation
Recital 20
(20) In order to ensure that those systems are used in a responsible and proportionate manner, it is also important to establish that, in each of those three exhaustively listed and narrowly defined situations, certain elements should be taken into account, in particular as regards the nature of the situation giving rise to the request and the consequences of the use for the rights and freedoms of all persons concerned and the safeguards and conditions provided for with the use. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement should be subject to appropriate limits in time and space, having regard in particular to the evidence or indications regarding the threats, the victims or perpetrator. The reference database of persons should be appropriate for each use case in each of the three situations mentioned above.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 489 #

2021/0106(COD)

Proposal for a regulation
Recital 21
(21) Each uUse of a ‘real-time’ remote biometric identification system in publicly accessible spaces for the purpose of law enforcement should be subject to an express and specific authorisation by a judicial authority or by an independent administrative authority of a Member State. Such authorisation should in principle be obtained prior to the use, except in duly justified situations of urgency, that is, situations where the need to use the systems in question is such as to make it effectively and objectively impossible to obtain an authorisation before commencing the use. In such situations of urgency, the use should be restricted to the absolute minimum necessary and be subject to appropriate safeguards and conditions, as determined in national law and specified in the context of each individual urgent use case by the law enforcement authority itself. In addition, the law enforcement authority should in such situations seek to obtain an authorisation as soon as possible, whilst providing the reasons for not having been able to request it earlier.
2022/06/13
Committee: IMCOLIBE
Amendment 496 #

2021/0106(COD)

Proposal for a regulation
Recital 22
(22) Furthermore, it is appropriate to provide, within the exhaustive framework set by this Regulation that such use in the territory of a Member State in accordance with this Regulation should only be possible where and in as far as the Member State in question has decided to expressly provide for the possibility to authorise such use in its detailed rules of national law. Consequently, Member States remain free under this Regulation not to provide for such a possibility at all or to only provide for such a possibility in respect of some of the objectives capable of justifying authorised use identifiedlimited possibilities in this Rregulationard.
2022/06/13
Committee: IMCOLIBE
Amendment 506 #

2021/0106(COD)

Proposal for a regulation
Recital 23
(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric data. The rules of this Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner. Therefore, such use and processing should only be possible in as far as it is compatible with the framework set by this Regulation, without there being scope, outside that framework, for the competent authorities, where they act for purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed in Article 10 of Directive (EU) 2016/680. In this context, this Regulation is not intended to provide the legal basis for the processing of personal data under Article 8 of Directive 2016/680. However, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by competent authorities, should not be covered by the specific framework regarding such use for the purpose of law enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law that may give effect to it.
2022/06/13
Committee: IMCOLIBE
Amendment 529 #

2021/0106(COD)

Proposal for a regulation
Recital 28
(28) AI systems could produce adverse outcomes to health and safety of persons, in particular when such systems operate as components of products. Consistently with the objectives of Union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market, it is important that the safety risks that may be generated by a product as a whole due to its digital components, including AI systems, are duly prevented and mitigated. For instance, increasingly autonomous robots, whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. Similarly, in the health sector where the stakes for life and health are particularly high, increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. Conversely, industrial robots used in manufacturing processes that operate within a predefined and restricted area entail considerably lower safety risks and are already subject to harmonised safety legislation. The extent of the adverse impact caused by the AI system on the fundamental rights protected by the Charter is of particular relevance when classifying an AI system as high-risk. Those rights include the right to human dignity, respect for private and family life, protection of personal data, freedom of expression and information, freedom of assembly and of association, and non- discrimination, consumer protection, workers’ rights, rights of persons with disabilities, right to an effective remedy and to a fair trial, right of defence and the presumption of innocence, right to good administration. In addition to those rights, it is important to highlight that children have specific rights as enshrined in Article 24 of the EU Charter and in the United Nations Convention on the Rights of the Child (further elaborated in the UNCRC General Comment No. 25 as regards the digital environment), both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. The fundamental right to a high level of environmental protection enshrined in the Charter and implemented in Union policies should also be considered when assessing the severity of the harm that an AI system can cause, including in relation to the health and safety of persons.
2022/06/13
Committee: IMCOLIBE
Amendment 634 #

2021/0106(COD)

Proposal for a regulation
Recital 46
(46) Having information on how high- risk AI systems have been developed and how they perform throughout their lifecycle is essential to verify compliance with the requirements under this Regulation. This requires keeping records and the availability of a technical documentation, containing information which is necessary to assess the compliance of the AI system with the relevant requirements. Such information should include the general characteristics, capabilities and limitations of the system, algorithms, data, training, testing and validation processes used as well as documentation on the relevant risk management system. The technical documentation should be kept up to date. The required technical documentation may contain trade secrets in accordance with Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. Possible trade secrets in the required documentation must be treated and kept in accordance with national legislation put in place in accordance with mentioned directive.
2022/06/13
Committee: IMCOLIBE
Amendment 675 #

2021/0106(COD)

Proposal for a regulation
Recital 61
(61) Standardisation should play a key role to provide technical solutions to providers to ensure compliance with this Regulation. Compliance with harmonised standards as defined in Regulation (EU) No 1025/2012 of the European Parliament and of the Council54 should be a means for providers to demonstrate conformity with the requirements of this Regulation. However, the Commission couldin exceptional cases, where industry and technical experts consider that pressing and specific safety or fundamental rights concerns cannot be addressed by established standardisation processes, the Commission may adopt common technical specifications in areas where no harmonised standards exist or where they are evidently insufficient. _________________ 54 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
2022/06/13
Committee: IMCOLIBE
Amendment 677 #

2021/0106(COD)

Proposal for a regulation
Recital 61 a (new)
(61 a) Striving for regulatory alignment on AI with likeminded global partners is key to fostering mutual innovation and cross-border partnerships within the field of AI. Coordination with international standardisation bodies is therefore of great importance.
2022/06/13
Committee: IMCOLIBE
Amendment 685 #

2021/0106(COD)

Proposal for a regulation
Recital 64
(64) Given the more extensive experience of professional pre-market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phase of application of this Regulation, the scope of application of third-party conformity assessment for high-risk AI systems other than those related to products. Therefore, the conformity assessment of such systems should be carried out as a general rule by the provider under its own responsibility, with the only exception of AI systems intended to be used for the remote biometric identification of persons, for which the involvement of a notified body in the conformity assessment should be foreseen, to the extent they are not prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 697 #

2021/0106(COD)

Proposal for a regulation
Recital 67
(67) High-risk AI systems should bear the CE marking to indicate their conformity with this Regulation so that they can move freely within the internal market. Member States should not create unjustified obstacles to the placing on the market or putting into service of high-risk AI systems that comply with the requirements laid down in this Regulation and bear the CE marking.
2022/06/13
Committee: IMCOLIBE
Amendment 723 #

2021/0106(COD)

Proposal for a regulation
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight and a safe space for experimentation, while ensuring responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, national competent authorities from one or more Member States should be encouraged to establish artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems under strict regulatory oversight before these systems are placed on the market or otherwise put into service.
2022/06/13
Committee: IMCOLIBE
Amendment 749 #

2021/0106(COD)

Proposal for a regulation
Recital 78
(78) In order to ensure that providers of high-risk AI systems can take into account the experience on the use of high-risk AI systems for improving their systems and the design and development process or can take any possible corrective action in a timely manner, all providers should have a post-market monitoring system in place. This system is also key to ensure that the possible risks emerging from AI systems which continue to ‘learn’ after being placed on the market or put into service can be more efficiently and timely addressed. In this context, providers should also be required to have a system in place to report to the relevant authorities any serious incidents or any breaches to national and Union law protecting fundamental rights resulting from the use of their AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 770 #

2021/0106(COD)

Proposal for a regulation
Recital 85
(85) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the techniques and approaches referred to in Annex I to define AI systems, the Union harmonisation legislation listed in Annex II, the high-risk AI systems listed in Annex III, the provisions regarding technical documentation listed in Annex IV, the content of the EU declaration of conformity in Annex V, the provisions regarding the conformity assessment procedures in Annex VI and VII and the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply and the content of the EU declaration of conformity in Annex V. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making58 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 58 OJ L 123, 12.5.2016, p. 1.
2022/06/13
Committee: IMCOLIBE
Amendment 791 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point c
(c) specific requirements for high-risk AI systems and obligations for operators of such systems, unless these systems are already covered by sector-specific regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 874 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 3 a (new)
3 a. This Regulation shall not apply to AI systems, including their output, specifically developed and put into service for the sole purpose of research and development.
2022/06/13
Committee: IMCOLIBE
Amendment 908 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives,a system that (I) receives machine and/or human-based data and inputs, (II) infers how to achieve a given set of human-defined objectives using learning, reasoning or modelling implemented with the techniques and approaches listed in Annex I, and (III) generates outputs such asin the form of content, predictions, recommendations, or decisions, which influencinge the environments ithey interacts with;
2022/06/13
Committee: IMCOLIBE
Amendment 1134 #

2021/0106(COD)

Proposal for a regulation
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, in order to update that list to market and technological developments on the basis of characteristics that are similar to the techniques and approaches listed therein.
2022/06/13
Committee: IMCOLIBE
Amendment 1230 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives: (i) the targeted search for specific potential victims of crime, including missing children; (ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack; (iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1355 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall take into account the following elements: (a) the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm caused in the absence of the use of the system; (b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1365 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1383 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1, point (d), 2 and 3. That Member State shall lay down in its national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, point (d), including which of the criminal offences referred to in point (iii) thereof, the competent authorities may be authorised to use those systems for the purpose of law enforcement.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1459 #

2021/0106(COD)

Proposal for a regulation
Article 7
[...]deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1460 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by adding high-risk AI systems where both of the following conditions are fulfilled: (a) the AI systems are intended to be used in any of the areas listed in points 1 to 8 of Annex III; (b) the AI systems pose a risk of harm to the health and safety, or a risk of adverse impact on fundamental rights, that is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems already referred to in Annex III.
2022/06/13
Committee: IMCOLIBE
Amendment 1486 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. When assessing for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health and safety or a risk of adverse impact on fundamental rights that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the following criteria: (a) the intended purpose of the AI system; (b) the extent to which an AI system has been used or is likely to be used; (c) the extent to which the use of an AI system has already caused harm to the health and safety or adverse impact on the fundamental rights or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authorities; (d) the potential extent of such harm or such adverse impact, in particular in terms of its intensity and its ability to affect a plurality of persons; (e) the extent to which potentially harmed or adversely impacted persons are dependent on the outcome produced with an AI system, in particular because for practical or legal reasons it is not reasonably possible to opt-out from that outcome; (f) the extent to which potentially harmed or adversely impacted persons are in a vulnerable position in relation to the user of an AI system, in particular due to an imbalance of power, knowledge, economic or social circumstances, or age; (g) the extent to which the outcome produced with an AI system is easily reversible, whereby outcomes having an impact on the health or safety of persons shall not be considered as easily reversible; (h) the extent to which existing Union legislation provides for: (i) effective measures of redress in relation to the risks posed by an AI system, with the exclusion of claims for damages; (ii) effective measures to prevent or substantially minimise those risks.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1573 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in relation to high-risk AI systems, unless the AI system is covered by New Legislative Framework (NLF) legislation.
2022/06/13
Committee: IMCOLIBE
Amendment 1676 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. High-risk AI systems which make use of techniques involving the training of models with data shall be developed on the basis of training, validation and testing data sets that meet the quality criteria referred to in paragraphs 2 to 5, when applicable.
2022/06/13
Committee: IMCOLIBE
Amendment 1708 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point g
(g) the identification of any possible data gaps or shortcomings, and how those gaps and shortcomings can be addressed.
2022/06/13
Committee: IMCOLIBE
Amendment 1724 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, and representative, free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
2022/06/13
Committee: IMCOLIBE
Amendment 1762 #

2021/0106(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend Annex IV where necessary to ensure that, in the light of technical progress, the technical documentation provides all the necessary information to assess the compliance of the system with the requirements set out in this Chapter.
2022/06/13
Committee: IMCOLIBE
Amendment 1947 #

2021/0106(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. Providers of high-risk AI systems shall draw up the technical documen tation referred to in Article 11 in accordance with Annex IV. When applicable, the technical documentation shall be treated as containing trade secrets as regulated by Directive (EU) 2016/943.
2022/06/13
Committee: IMCOLIBE
Amendment 1953 #

2021/0106(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keep the logs automatically generated by their high-risk AI systems, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. The logs shall be kept for a period that is appropriate in the light of the intended purpose of high-risk AI system and applicable legal obligations under Union or national law. When applicable, the automatically generated logs shall be treated as containing trade secrets as regulated by Directive (EU) 2016/943.
2022/06/13
Committee: IMCOLIBE
Amendment 2086 #

2021/0106(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Each Member State shall designate or establish a notifying authority responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and for their monitoring. These procedures shall be developed in cooperation between the notifying authorities of all Member States and shall result in standard procedures implemented equally in all Member States, with a view to removing administrative border barriers and ensuring that the potential of the internal market is realised.
2022/06/13
Committee: IMCOLIBE
Amendment 2090 #

2021/0106(COD)

Proposal for a regulation
Article 30 – paragraph 8
8. Notifying authorities shall make sure that conformity assessments are carried out in a proportionate manner, avoiding unnecessary burdens for providers and that notified bodies perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure and the degree of complexity of the AI system in question. Particular attention shall be paid to minimising administrative burdens and compliance costs for micro, small and medium-sized enterprises as defined in Commission Recommendation 2003/361/EC.
2022/06/13
Committee: IMCOLIBE
Amendment 2190 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems shall undergo a new conformity assessment procedure whenever they are substantially modified and the changes could impact performance related to essential requirements, regardless of whether the modified system is intended to be further distributed or continues to be used by the current user.
2022/06/13
Committee: IMCOLIBE
Amendment 2199 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 73 for the purpose of updating Annexes VI and Annex VII in order to introduce elements of the conformity assessment procedures that become necessary in light of technical progress.
2022/06/13
Committee: IMCOLIBE
Amendment 2206 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 6
6. The Commission is empowered to adopt delegated acts to amend paragraphs 1 and 2 in order to subject high-risk AI systems referred to in points 2 to 8 of Annex III to the conformity assessment procedure referred to in Annex VII or parts thereof. The Commission shall adopt such delegated acts taking into account the effectiveness of the conformity assessment procedure based on internal control referred to in Annex VI in preventing or minimizing the risks to health and safety and protection of fundamental rights posed by such systems as well as the availability of adequate capacities and resources among notified bodies.
2022/06/13
Committee: IMCOLIBE
Amendment 2239 #

2021/0106(COD)

Proposal for a regulation
Article 50 – paragraph 1 – introductory part
The provider shall, for a period ending 10five years after the AI system has been placed on the market or put into service, keep at the disposal of the national competent authorities:
2022/06/13
Committee: IMCOLIBE
Amendment 2243 #

2021/0106(COD)

Proposal for a regulation
Article 51
Registration Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2), the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.Article 51 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2563 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 2
2. Each Member State shall designate a national supervisory authority among the national competent authorities. The national supervisory authority shall act as notifying authority and market surveillance authority unless a Member State has organisational and administrative reasons to designate more than one authority.
2022/06/13
Committee: IMCOLIBE
Amendment 2591 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providers. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States mayshall also establish one central contact point for communication with operators.
2022/06/13
Committee: IMCOLIBE
Amendment 2606 #

2021/0106(COD)

Proposal for a regulation
Title VII
VII EU DATABASE FOR STAND- ALONE HIGH-RISK AI SYSTEMS 60 EU database for stand-alone high-risk AI systems 1. The Commission shall, in collaboration with the Member States, set up and maintain a EU database containing information referred to in paragraph 2 concerning high-risk AI systems referred to in Article 6(2) which are registered in accordance with Article 51. 2. The data listed in Annex VIII shall be entered into the EU database by the providers. The Commission shall provide them with technical and administrative support. 3. Information contained in the EU database shall be accessible to the public. 4. The EU database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this Regulation. That information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider. 5. The Commission shall be the controller of the EU database. It shall also ensure to providers adequate technical and administrative support.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2684 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 1
1. Access to data and documentation in the context of their activities, the market surveillance authorities shall be granted full access to the relevant training, validation and testing datasets used by the provider, including through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access.
2022/06/13
Committee: IMCOLIBE
Amendment 2744 #

2021/0106(COD)

Proposal for a regulation
Article 66 – paragraph 3 a (new)
3 a. If the national measure is found to be unjustified, the Member State concerned shall reimburse the operator for the costs and loss of revenue directly attributable to the measure found to be unjustified.
2022/06/13
Committee: IMCOLIBE
Amendment 2841 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – point b
(b) non-compliance of the AI system with the requirements laid down in Article 10.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2852 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 4
4. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 201 000 000 EUR or, if the offender is a company, up to 41 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/06/13
Committee: IMCOLIBE
Amendment 2859 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 5
5. The supply of incorrect, incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 10 000 000 EUR or, if the offender is a company, up to 21 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/06/13
Committee: IMCOLIBE
Amendment 2919 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 2
2. The delegation of power referred to in Article 4, Article 7(1), Article 11(3), Article 43(5) and (6) and Article 48(5) shall be conferred on the Commission for an indeterminate period of time from [entering into force of the Regulation].
2022/06/13
Committee: IMCOLIBE
Amendment 2923 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 3
3. The delegation of power referred to in Article 4, Article 7(1), Article 11(3), Article 43(5) and (6) and Article 48(5) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2022/06/13
Committee: IMCOLIBE
Amendment 2931 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 5
5. Any delegated act adopted pursuant to Article 4, Article 7(1), Article 11(3), Article 43(5) and (6) and Article 48(5) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
2022/06/13
Committee: IMCOLIBE
Amendment 2949 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 1 – introductory part
1. This Regulation shall not apply to the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [124 months after the date of application of this Regulation referred to in Article 85(2)], unless the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the AI system or AI systems concerned.
2022/06/13
Committee: IMCOLIBE
Amendment 2967 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a year following the entry into force of this Regulation, and when necessary, table to the European Parliament and the Council a legislative proposal in this regard.
2022/06/13
Committee: IMCOLIBE
Amendment 2978 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point b a (new)
(b a) the levels of investments in research, development and application of AI systems throughout the Union,
2022/06/13
Committee: IMCOLIBE
Amendment 2979 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point b b (new)
(b b) the competitiveness of the aggregated European AI ecosystem compared to AI ecosystems in third countries.
2022/06/13
Committee: IMCOLIBE
Amendment 3004 #

2021/0106(COD)

Proposal for a regulation
Article 85 – paragraph 3 – point b
(b) Article 71 shall apply from [twelve24 months following the entry into force of this Regulation].
2022/06/13
Committee: IMCOLIBE
Amendment 3021 #

2021/0106(COD)

Proposal for a regulation
Annex I – point c
(c) Statistical approaches, Bayesian estimation, search and optimization methods.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3092 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
(a) AI systems intended to be used as safety components in the management and operation of road traffic and the supply of water, gas, heating and electricity, unless these are regulated in harmonisation legislation or sectorial regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 3107 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used for recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;to make final decisions for recruitment or selection of natural persons.
2022/06/13
Committee: IMCOLIBE
Amendment 3155 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a a (new)
(a a) AI systems designed for real-time remote biometric identification in publicly accessible locations for law enforcement purposes.
2022/06/13
Committee: IMCOLIBE
Amendment 192 #

2021/0105(COD)

Proposal for a regulation
Article 5 – title
High-risk mAnnex I Machinery pProducts
2021/11/10
Committee: IMCO
Amendment 195 #

2021/0105(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. High-risk mMachinery products listed in Annex I shall be subject to a specific conformity assessment procedure, as referred to in Article 21(2).
2021/11/10
Committee: IMCO
Amendment 198 #

2021/0105(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 45 to amend Annex I in view of technical progress and knowledge or new scientific evidence by including in the list of high-risk machinery products in Annex I a new machinery product or withdrawing an existing machinery product from that list, pursuant to the criteria laid down in paragraphs 3 and 4.
2021/11/10
Committee: IMCO
Amendment 204 #

2021/0105(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
A machinery product shall be included in the list of high-risk machinery products in Annex I if it poses a risk to human health taking into account its design and intended purpose. A machinery product shall be withdrawn from the list of high-risk machinery products in Annex I if it no longer poses such risk. The risk posed by a certain machinery product shall be established based on the combination of the probability of occurrence of harm and the severity of that harm.
2021/11/10
Committee: IMCO
Amendment 234 #

2021/0105(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. The Commission is empowered to adopt implementing acts establishing technical specifications for the essential health and safety requirements set out in Annex III where the following conditions have been fulfilled: (a) standards covering the relevant essential health and safety requirements is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; (b) or more European standardisation organisations to draft a harmonised standard for the essential health and safety requirements and there are undue delays in the standardisation procedure or the request has not been accepted by any of the European standardisation organisations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(3).deleted no reference to harmonised the Commission has requested one
2021/11/10
Committee: IMCO
Amendment 236 #

2021/0105(COD)

Proposal for a regulation
Article 17 – paragraph 3 – point a
(a) no reference to harmonised standards covering the relevant essential health and safety requirements is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;deleted
2021/11/10
Committee: IMCO
Amendment 240 #

2021/0105(COD)

Proposal for a regulation
Article 17 – paragraph 3 – point b
(b) the Commission has requested one or more European standardisation organisations to draft a harmonised standard for the essential health and safety requirements and there are undue delays in the standardisation procedure or the request has not been accepted by any of the European standardisation organisations.deleted
2021/11/10
Committee: IMCO
Amendment 246 #

2021/0105(COD)

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(3).deleted
2021/11/10
Committee: IMCO
Amendment 248 #

2021/0105(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. A machinery product which is in conformity with the technical specifications or parts thereof shall be presumed to be in conformity with the essential health and safety requirements set out in Annex III covered by those technical specifications or parts thereof.deleted
2021/11/10
Committee: IMCO
Amendment 305 #

2021/0105(COD)

Proposal for a regulation
Article 50 – paragraph 1
1. Member States shall not until … [4260 months after the date of entry into force of this Regulation] impede the making available on the market of machinery which was placed on the market in conformity with Directive 2006/42/EC before … [the date of entry into force of this Regulation]. However, Chapter VI of this Regulation shall apply mutatis mutandis to such machinery instead of Article 11 of that Directive, including machinery for which a procedure has already been initiated under Article 11 of Directive 2006/42/EC as from … [the date of entry into force of this Regulation].
2021/11/10
Committee: IMCO
Amendment 375 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 4 – point b
(b) human-machine interaction.deleted
2021/11/10
Committee: IMCO
Amendment 377 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 5
The machinery product with fully or partially evolving behaviour or logic that is designed to operate with varying levels of autonomy shall be adapted to respond to people adequately and appropriately (verbally through words or nonverbally through gestures, facial expressions or body movement) and to communicate its planned actions (what it is going to do and why) to operators in a comprehensible manner.deleted
2021/11/10
Committee: IMCO
Amendment 149 #
2021/10/26
Committee: EMPLFEMM
Amendment 203 #

2021/0050(COD)

Proposal for a directive
Recital 9
(9) The gender pay gap is caused by various factors, part of which can be attributed to direct and indirect gender pay discrimination. A general lack of transparency about pay levels within organisations maintains a situation where gender-based pay discrimination and bias can go undetected or, where suspected, are difficult to prove. Binding mMeasures are therefore needed to improve pay transparency, encourage organisations to review their pay structures to ensure equal pay for women and men doing the same work or work of equal value, and enable victims of discrimination to enforce their right to equal pay. This needs to be complemented by provisions clarifying existing legal concepts (such as the concept of ‘pay’ and ‘work of equal value’) and measures improving enforcement mechanisms and access to justice, while fully respecting the different labour market models in the Member States.
2021/10/26
Committee: EMPLFEMM
Amendment 223 #

2021/0050(COD)

Proposal for a directive
Recital 11
(11) This Directive should apply to all workers, including part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State, taking into account the case-law of the Court of Justice of the European Union (‘the Court’). In its case law, the Court established criteria for determining the status of a worker47 . Provided that they fulfil those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties’ description of the relationship. _________________ 47 Case C-66/85, Deborah Lawrie-Blum v Land Baden-Württemberg, ECLI:EU:C:1986:284; Case C-428/09, Union Syndicale Solidaires Isère v Premier ministre and Others, ECLI:EU:C:2010:612; Case C-229/14, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, ECLI:EU:C:2015:455; Case C-413/13, FNV Kunsten Informatie en Media v Staat der Nederlanden, ECLI:EU:C:2014:2411; Case C-216/15, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, ECLI:EU:C:2016:883; Case C- 658/18, UX v Governo della Repubblica italiana, ECLI:EU:C:2020:572.
2021/10/26
Committee: EMPLFEMM
Amendment 227 #

2021/0050(COD)

Proposal for a directive
Recital 12
(12) In order to remove obstacles for victims of gender pay discrimination to enforce their right to equal pay and guide employers in ensuring respect of this right, the core concepts related to equal pay, such as ‘pay’ and ‘work of equal value’, should be clarified in line with the case law of the Court. This should facilitate the application of these concepts, especially for small and medium-sized enterprises.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 233 #

2021/0050(COD)

Proposal for a directive
Recital 13
(13) The principle of equal pay for equal work or work of equal value for women and men should be respected with regard to wage or salary and any other consideration, whether in cash or in kind, which the workers receive directly or indirectly, in respect of their employment from their employer. In line with the case-law of the Court48 , the concept of ‘pay’ should comprise not only salary, but also additional benefits such as bonuses, overtime compensation, travel facilities (including cars provided by the employer and travel cards), housing allowances, compensation for attending training, payments in case of dismissal, statutory sick pay, statutory required compensation and occupational pensions. It should include all elements of remuneration due by law or collective agreement. _________________ 48 For example, Case C-58/81, Commission of the European Communities v Grand Duchy of Luxembourg, ECLI:EU:C:1982:215; Case C-171/88 Rinner-Kulhn v FWW Spezial- Gebaudereinigung GmbH, ECLI:EU:C:1989:328; Case C-147/02 Alabaster v Woolwhich plc and Secretary of State for Social Security, ECLI:EU:C:2004:192; Case C-342/93 - Gillespie and Others ECLI:EU:C:1996:46; Case C-278/93 Freers and Speckmann v Deutsche Bundepost, ECLI:EU:C:1996:83; Case C-12/81, Eileen Garland v British Rail Engineering Limited, ECLI:EU:C:1982:44; Case C-360/90, Arbeiterwohlfahrt der Stadt Berlin e.V. v Monika Bötel, ECLI:EU:C:1992:246; Case C-33/89, Maria Kowalska v Freie und Hansestadt Hamburg, ECLI: EU:C:1990:265.
2021/10/26
Committee: EMPLFEMM
Amendment 247 #

2021/0050(COD)

Proposal for a directive
Recital 15
(15) In order to respect the right to equal pay between men and women, employers must have pay setting mechanisms or pay structures in place ensuring that there are no pay differences between male and female workers doing the same work or work of equal value that are not justified by objective and gender-neutral factors. Such pay structures should allow for the comparison of the value of different jobs within the same organisational structure. In line with the case law of the Court, the value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved.49 _________________ 49 For example, Case C-400/93, Royal Copenhagen, ECLI:EU:C:1995:155; Case C-309/97, Angestelltenbetriebsrat der Wiener Gebietskrankenkasse, ECLI:EU:C:1999:241; Case C-381/99, Brunnhofer, ECLI:EU:C:2001:358; Case C-427/11, Margaret Kenny and Others v Minister for Justice, Equality and Law Reform and Others [2013] ECLI:EU:C:2013:122, paragraph 28.
2021/10/26
Committee: EMPLFEMM
Amendment 256 #

2021/0050(COD)

Proposal for a directive
Recital 16
(16) The identification of a valid comparator is an important parameter in determining whether work may be considered of equal value. It enables the worker to show that they were treated less favourably than the comparator of a different sex performing equal work or work of equal value. In situations where no real-life comparator exists, the use of a hypothetical comparator should be allowed, allowing a worker to show that they have not been treated in the same way as a hypothetical comparator of another sex would have been treated. This would lift an important obstacle for potential victims of gender pay discrimination, especially in highly gender-segregated employment markets where a requirement of finding a comparator of the opposite sex makes it almost impossible to bring an equal pay claim. In addition, workers should not be prevented from using other facts from which an alleged discrimination can be presumed, such as statistics or other available information. This would allow gender-based pay inequalities to be more effectively addressed in gender-segregated sectors and professions.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 266 #

2021/0050(COD)

Proposal for a directive
Recital 17
(17) The Court has clarified50 that in order to compare whether workers are in a comparable situation, the comparison is not necessarily limited to situations in which men and women work for the same employer. Workers may be in a comparable situation even when they do not work for the same employer whenever the pay conditions can be attributed to a single source setting up those conditions. This may be the case when pay conditions are regulated by statutory provisions or collective labour agreements relating to pay applicable to several companies, or when such conditions are laid down centrally for more than one organisation or business within a holding company or conglomerate. Furthermore, the Court clarified that the comparison is not limited to workers employed at the same time as the claimant.51 _________________ 50 Case C-320/00 Lawrence, ECLI:EU:C:2002:498. 51 Case 129/79 Macarthys, ECLI:EU:C:1980:103.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 299 #

2021/0050(COD)

(21) In order to disrupt the perpetuation of a pay gap between female and male workers affecting individual workers over time, employers should not be allowed to enquire about the prior pay history of the applicant for a job.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 315 #

2021/0050(COD)

Proposal for a directive
Recital 23
(23) Employers should make accessible to workers a description of the criteria used to determine pay levels and career progression. The employer should have flexibility in the way it complies with this obligation taking into account the size of the organisation.
2021/10/26
Committee: EMPLFEMM
Amendment 328 #

2021/0050(COD)

Proposal for a directive
Recital 25
(25) Employers with at least 2500 workers should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker-related matters in their management report. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
2021/10/26
Committee: EMPLFEMM
Amendment 364 #

2021/0050(COD)

Proposal for a directive
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 2500 workers that show pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should be designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.
2021/10/26
Committee: EMPLFEMM
Amendment 405 #

2021/0050(COD)

Proposal for a directive
Recital 38
(38) Following the case law of the Court55 , Directive 2006/54/EC established provisions to ensure that the burden of proof shifts to the defendant when there is a prima facie case of discrimination. Member States should not be prevented from introducing, at any appropriate stage of the proceedings, rules of evidence which are more favourable to workers making a claim. In any legal or administrative proceedings concerning direct or indirect discrimination, in case the employer did not comply with the pay transparency obligations set out by the Directive, the burden of proof should be automatically shifted to the defendant, irrespective of the worker showing a prima facie case of pay discrimination. _________________ 55 Case C-109/88, Handels- og Kontorfunktionærernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss, ECLI:EU:C:1989:383.
2021/10/26
Committee: EMPLFEMM
Amendment 406 #

2021/0050(COD)

Proposal for a directive
Recital 39
(39) Although it is necessary only to establish a presumption of discrimination before the burden of proof shifts to the employer, it is not always easy for victims and courts to know how to establish even that presumption. Pay transparency measures have the potential to support the use of the reversal of the burden of proof, by helping workers determine the average pay levels for women and men performing the same work or work of equal value. Enabling workers to provide prima facie evidence which allows discrimination to be presumed would swiftly trigger the reverse burden of proof to the benefit of the worker.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 410 #

2021/0050(COD)

Proposal for a directive
Recital 40
(40) In accordance with the case-law of the Court, nNational rules on time limits for the enforcement of rights under this Directive should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of those rights. Limitation periods create specific obstacles for victims of gender pay discrimination. For that purpose, common minimum standards should be established. Those standards should determine when the limitation period begins to run, the duration thereof and the circumstances under which it is interrupted or suspended and provide that the limitation period for bringing claims is at least three years.
2021/10/26
Committee: EMPLFEMM
Amendment 419 #

2021/0050(COD)

Proposal for a directive
Recital 41
(41) Litigation costs create a serious disincentive for victims of gender pay discrimination to claim their right to equal pay, leading to insufficient protection and enforcement of the right to equal pay. In order to remove this strong procedural obstacle to justice, successful claimants should be allowed to recover their procedural costs from the defendant. On the other hand, claimants should not be liable for successful defendant’s proceedings costs unless the claim was brought in bad faith, was clearly frivolous or if the non-recovery by the defendant would be considered unreasonable by the courts or other competent authorities under the specific circumstances of the case, for instance having regard to the financial situation of micro-enterprises.
2021/10/26
Committee: EMPLFEMM
Amendment 447 #

2021/0050(COD)

Proposal for a directive
Recital 50
(50) This Directive aims at a better and more effective implementation of the principle of equal pay for equal work or work to which equal value is attributed between men and women through the establishment of common minimum requirementsa framework which should apply to all undertakings and organisations across the European Union. Since this objective cannot be sufficiently achieved by the Member States and should therefore be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive, which limits itself to setting minimum standards, does not go beyond what is necessary in order to achieve that objective.
2021/10/26
Committee: EMPLFEMM
Amendment 464 #

2021/0050(COD)

Proposal for a directive
Article 1 – paragraph 1
This Directive lays down minimum requirementsa framework to strengthen the application of the principle of equal pay between men and women for equal work or work of equal value enshrined in Article 157 TFEU and the prohibition of discrimination laid down in Article 4 of Directive 2006/54/EC, in particular through pay transparency and reinforced enforcement mechanisms.
2021/10/26
Committee: EMPLFEMM
Amendment 480 #

2021/0050(COD)

Proposal for a directive
Article 2 – paragraph 2
2. This Directive applies to all workers who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State with consideration to the case-law of the Court of Justice.
2021/10/26
Committee: EMPLFEMM
Amendment 482 #

2021/0050(COD)

Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. Member States with labour market models where autonomous labour market parties are responsible for wage formation shall have the option not to apply this Directive, either totally or in part, provided that there is, in the view of the Member State, sufficient support for this among representative social partners at national level.
2021/10/26
Committee: EMPLFEMM
Amendment 487 #

2021/0050(COD)

(c) ‘pay gap’ means the difference of average pay levels between female and male workers of the employer, expressed as percentage of the average pay level of male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 492 #

2021/0050(COD)

(d) ‘median pay level’ means the pay of the worker that would have half of the workers earn more and half less than they do;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 493 #

2021/0050(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e
(e) ‘median pay gap’ means the difference between the median pay level of female and median pay level of male workers expressed as percentage of the median pay level of male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 496 #

2021/0050(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘quartile pay band’ means each of four equal groups of workers into which they are divided according to their pay levels – from the lowest to the highest;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 504 #

2021/0050(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘category of workers’ means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in Article 4 of this Directive and specified bygrouped by their respective employers in accordance with national law, collective bargaining agreements, and other relevant practices in the Memployer concerned;ber State.
2021/10/26
Committee: EMPLFEMM
Amendment 527 #

2021/0050(COD)

Proposal for a directive
Article 3 – paragraph 3
3. Pay discrimination under this Directive includes discrimination based on a combination of sex and any other ground or grounds of discrimination protected under Directive 2000/43/EC or Directive 2000/78/EC.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 539 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value performed for the same employer.
2021/10/26
Committee: EMPLFEMM
Amendment 553 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring that tools or methodologies are establishedguidance to assess and compare the value of work in line with the criteria set out in this Article. These tools or methodologiesis guidance may include gender-neutral job evaluation and classification systems.
2021/10/26
Committee: EMPLFEMM
Amendment 566 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 3
3. The tools or methodologiesAn overall assessment according to this guidance shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria which shallmay include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved and similar criteria defined in national law and collective bargaining agreements. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
2021/10/26
Committee: EMPLFEMM
Amendment 571 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 4
4. Whenever differences in pay can be attributed to a single source establishing the pay conditions, the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. The assessment shall also not be limited to workers employed at the same time as the worker concerned. Where no real comparator can be established, a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 594 #

2021/0050(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range, based on objective, gender-neutral criteria, to be attributed for the position concerned. Such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 605 #

2021/0050(COD)

Proposal for a directive
Article 5 – paragraph 2
2. An employer shall not, orally or in writing, personally or through a representative, ask applicants about their pay history during their previous employment relationships.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 621 #

2021/0050(COD)

Proposal for a directive
Article 6 – paragraph 1
The employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral and in accordance with national law and practices.
2021/10/26
Committee: EMPLFEMM
Amendment 640 #

2021/0050(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Workers shall have the right to receive information on their individual pay level and the average pay levels, broken down by sexpay differences and differences in median pay, broken down by sex in the pay statistics, for categories of workers doing the same work as them or work of equal value to theirs for the same employer, in accordance with paragraphs 3 and 4.
2021/10/26
Committee: EMPLFEMM
Amendment 674 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. Employers with at least 250 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:Member States shall, with regard to their respective labour market models and traditions, take appropriate measures to ensure that employers with at least 500 workers map the pay gap between men and women in the different categories of workers.
2021/10/26
Committee: EMPLFEMM
Amendment 689 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point a
(a) the pay gap between all female and male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 696 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point b
(b) the pay gap between all female and male workers in complementary or variable components;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 701 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point c
(c) the median pay gap between all female and male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 708 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point d
(d) the median pay gap between all female and male workers in complementary or variable components;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 712 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point e
(e) the proportion of female and male workers receiving complementary or variable components;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 714 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point f
(f) the proportion of female and male workers in each quartile pay band;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 717 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point g
(g) the pay gap between female and male workers by categories of workers broken down by ordinary basic salary and complementary or variable components.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 735 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 2
2. The accuracy of the information shall be confirmed by the employer’s management.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 739 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 752 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 4
4. Member States may decide to compile the information set out in paragraph 1, points (a) to (f) themselves, on the basis of administrative data such as data provided by employers to the tax or social security authorities. This information shall be made public in accordance with paragraph 6.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 762 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 5
5. The employer shall provide the information referred to in paragraph 1, point (g) to all workers and, their trade union representatives, as well as to the monitoring body referred to in paragraph 6. It shall provide it to the labour inspectorate and the equality body upon their request. T or the trade union with which the employer has struck a collective bargaining agreement. The employer shall, upon request, provide the information fromto the previous four years,monitoring body appointed ifn available, shall also be provided upon requestccordance with article 26 of this directive.
2021/10/26
Committee: EMPLFEMM
Amendment 773 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 6
6. Member States shall entrust the monitoring body designated pursuant to Article 26 to collect the data received from employers pursuant to paragraph 1, points (a) to (f) and to ensure that this data is public and allows a comparison between employers, sectors and regions of the Member State concerned in a user- friendly way.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 781 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 7
7. Workers and their representatives, labour inspectThose entitled to informates and equality bodiesion from the employer pursuant to article 2 shall have the right to ask the employer for additional clarifications and details regarding any of the data provided, including explanations concerning any gender pay differences. The employer shall respond to such request within a reasonable time by providing a substantiated reply. Where gender pay differences are not justified by objective and gender-neutral factors, the employer shall remedy the situation in close cooperation with the workers’ representatives, the labour inspectorate and/or the equality bodytake appropriate measures.
2021/10/26
Committee: EMPLFEMM
Amendment 794 #

2021/0050(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall take appropriate measures to ensure that employers with at least 250 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met: (a) the pay reporting conducted in accordance with Article 8 demonstrates a difference of average pay level between female and male workers of at least 5 per cent in any category of workers; (b) the employer has not justified such difference in average pay level by objective and gender-neutral factors.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 823 #

2021/0050(COD)

Proposal for a directive
Article 9 – paragraph 2
2. The joint pay assessment shall include the following: (a) an analysis of the proportion of female and male workers in each category of workers; (b) detailed information on average female and male workers’ pay levels and complementary or variable components for each category of workers; (c) identification of any differences in pay levels between female and male workers in each category of workers; (d) the reasons for such differences in pay levels and objective, gender-neutral justifications, if any, as established jointly by workers’ representatives and the employer; (e) measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria; (f) a report on the effectiveness of any measures mentioned in previous joint pay assessments.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 841 #

2021/0050(COD)

Proposal for a directive
Article 9 – paragraph 3
3. Employers shall make the joint pay assessments available to workers, workers’ representatives, the monitoring body designated pursuant to Article 26, the equality body and the labour inspectorate.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 847 #

2021/0050(COD)

Proposal for a directive
Article 9 – paragraph 4
4. If the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria, the employer shall remedy the situation, in close cooperation with the workers’ representatives, labour inspectorate, and/or equality body. Such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 915 #

2021/0050(COD)

Proposal for a directive
Article 16 – paragraph 1
1. Member States shall take the appropriate measures, in accordance with their national judicial systems, to ensure that, when workers who consider themselves wronged because the principle of equal pay has not been applied to them, establish before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the defendant to prove that there has been no direct or indirect discrimination in relation to pay.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 918 #

2021/0050(COD)

Proposal for a directive
Article 16 – paragraph 2
2. Member States shall ensure that, in any legal or administrative proceedings concerning direct or indirect discrimination, where an employer failed to comply with any of the rights or obligations related to pay transparency set out in Articles 5 through 9 of this Directive, it shall be for the employer to prove that there has been no such discrimination.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 922 #

2021/0050(COD)

Proposal for a directive
Article 16 – paragraph 3
3. The claimant shall benefit from any doubt that might remain.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 926 #

2021/0050(COD)

Proposal for a directive
Article 16 – paragraph 5
5. Member States need not apply paragraph 1 to proceedings in which it is for the court or competent body to investigate the facts of the case.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 935 #

2021/0050(COD)

Proposal for a directive
Article 18 – paragraph 2
2. Limitation periods shall not begin to run before the violation of the principle of equal pay between men and women for equal work or for work of equal value or infringement of the rights or obligations under this Directive has ceased and the claimant knows, or can reasonably be expected to know, about the violation or infringement.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 939 #

2021/0050(COD)

Proposal for a directive
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at three years at least.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 948 #

2021/0050(COD)

Proposal for a directive
Article 18 – paragraph 4
4. Member States shall ensure that a limitation period is suspended or, depending on national law, interrupted, as soon as a claimant undertakes action by lodging a claim or bringing the claim to the attention of the employer, workers’ representatives, labour inspectorate or equality body.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 953 #

2021/0050(COD)

Proposal for a directive
Article 19 – paragraph 1
Claimants who prevail on a pay discrimination claim shall have the right to recover from the defendant, in addition to any other damages, reasonable legal and experts’ fees and costs. Defendants who prevail on a pay discrimination claim shall not have the right to recover any legal and experts’ fees from the claimant(s) and costs, unless the claim was brought in bad faith, was clearly frivolous or where such non-recovery is considered manifestly unreasonable under the specific circumstances of the case.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 5 #

2020/2262(INI)

Draft opinion
Paragraph 1
1. Recalls the importance, for a properlywell- functioning and competitive internal market, of effective better law- making tools that take subsidiarity and proportionality fully into account when drawing up scientifically based and balanced legislation, particularly for consumers and SMEs;
2021/02/24
Committee: IMCO
Amendment 38 #

2020/2262(INI)

Draft opinion
Paragraph 5 a (new)
5a. Points out that the elements of subsidiarity and proportionality have to be taken into account as important preconditions when designing possible future EU legislation; once and if the EU added value is established, it should consistently reflect market integration and cross-border ambition, the need to reduce regulatory and administrative barriers, the necessity to be future-proof; recalls that one harmonised rule at European level reduces administrative burdens in all Member States as it replaces 27 diverging rules reducing the internal market fragmentation;
2021/02/24
Committee: IMCO
Amendment 44 #

2020/2262(INI)

Draft opinion
Paragraph 5 b (new)
5b. Reminds that digital innovation develops fast and that entrepreneurs are driving the digital agenda; therefore it is of key importance to provide future proof rules that are digital by default and that keep the pace of digital innovation; calls on the Commission to always take into account futureproof digital elements when assessing subsidiarity and proportionality in internal market legislation and in the related impact assessments;
2021/02/24
Committee: IMCO
Amendment 51 #

2020/2262(INI)

Draft opinion
Paragraph 5 c (new)
5c. Highlights that EU legislation needs to be always firmly based on scientific evidence and considers that a set of indicators to identify the full compliance costs of a new legislative act should be applied in order to better assess its impact;
2021/02/24
Committee: IMCO
Amendment 52 #

2020/2262(INI)

Draft opinion
Paragraph 5 d (new)
5d. Underlines that according to the three Commission’s reports 2017, 2018 and 2019 on the application of the principle of subsidiarity and proportionality, there is the need to improve the quality of the impact assessments when it comes to both elements; subsidiarity and proportionality are important preconditions for an effective and balanced EU legislation that can be beneficial for a well-functioning internal market;
2021/02/24
Committee: IMCO
Amendment 55 #

2020/2262(INI)

Draft opinion
Paragraph 5 e (new)
5e. Points out that all EU regulatory measures should always be accompanied by universal impact assessments that take into account in an effective and thorough way the principles of subsidiarity and proportionality; stresses that only regulatory measures that are based on improved impact assessments can be beneficial for both consumers and businesses within the internal market and can trigger innovation, encourage investments, reinforcing European competitiveness and ultimately being instrumental in strengthening consumer protection; stresses furthermore that improved impact assessments should clearly strengthen the SMEs fitness check element;
2021/02/24
Committee: IMCO
Amendment 56 #

2020/2262(INI)

Draft opinion
Paragraph 5 f (new)
5f. Stresses that all impact assessments, evaluations and fitness checks should carry out an analysis on subsidiarity and proportionality; on subsidiarity it is crucial to assess whether action at national, regional or local level would be sufficient to achieve the objectives pursued and whether action at EU level would provide added value compared to action at national level; on proportionality that the content and form of EU action must not exceed what is necessary to meet the pursued objectives ensuring that the approach chosen and the intensity of the regulatory action are necessary to achieve its objectives; calls on the Commission to take further steps in the direction of proper independent impact assessments and of improving the quality of the above analysis in order to make the EU internal market legislation more effective;
2021/02/24
Committee: IMCO
Amendment 7 #

2020/2260(INI)

Draft opinion
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a sustainable, healthy and resilient food system which benefits consumers in the EU and includes the production, transport, distribution, marketing and consumption of food;
2021/01/18
Committee: IMCO
Amendment 62 #

2020/2260(INI)

Draft opinion
Paragraph 4
4. Urges the Commission to promote alternativesustainable production methods and circular business models, such as consumer-friendly cooperative schemes, in food processing and retail, including specifically for small and medium-sized enterprises;
2021/01/18
Committee: IMCO
Amendment 78 #

2020/2260(INI)

Draft opinion
Paragraph 5
5. SupportsConsiders that the concept of the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and health needs to be further clarified by the European Commission so that food producers and food retail businesses can be aware of the importance of sustainability and health; calls on the Commission to clarify also if the codes of conduct will focus and to which extent on marketing campaigns undertaken by businesses on advertising food products;
2021/01/18
Committee: IMCO
Amendment 111 #

2020/2260(INI)

Draft opinion
Paragraph 6 a (new)
6a. Emphasizes that the primary purpose of food labelling is to provide clear and accurate information to consumers so that they can make informed purchasing decisions;
2021/01/18
Committee: IMCO
Amendment 115 #

2020/2260(INI)

Draft opinion
Paragraph 6 c (new)
6c. Stresses that the ‘Farm to Fork’ Strategy, including mandatory front of pack nutrition labelling, provides for other labels that include animal welfare, sustainability and places of origin for certain products categories; considers that in no case should over-labelling confuse customers and therefore stresses the importance of customers education;
2021/01/18
Committee: IMCO
Amendment 116 #

2020/2260(INI)

Draft opinion
Paragraph 6 d (new)
6d. Underlines that using different labels in different Member States might lead to market fragmentation and confuse consumers;
2021/01/18
Committee: IMCO
Amendment 147 #

2020/2260(INI)

Draft opinion
Paragraph 8
8. Calls, with a view to protecting consumers, for full enforcement of the judgment of the Court of Justice of the European Union of 25 July 2018 in Case C-528/16, Confédération paysanne, which stipulates that food crops modified by genome editing are subject to the requirements of GMO legislation, including risk assessment, traceability and labelling;deleted
2021/01/18
Committee: IMCO
Amendment 163 #

2020/2260(INI)

Draft opinion
Paragraph 9
9. Calls on the Commission to clarify the current legislation on launch a systematic campaign to explain to European consumers the use-by dates concept, and in particular the difference between the dates printed on product packaging: 'use- by dates,' and 'best before' in order to reduce food waste and increase consumption safety of food products;
2021/01/18
Committee: IMCO
Amendment 181 #

2020/2260(INI)

Draft opinion
Paragraph 11 a (new)
11a. In order to protect the competitiveness of European businesses, especially small and medium-sized enterprises, and to protect the integrity of the single market, calls on the European Commission to ensure, through a proactive trade and customs policy, that food products imported into the single market comply with strict European food safety regulations;
2021/01/18
Committee: IMCO
Amendment 7 #

2020/2223(INI)

Draft opinion
Paragraph 1 a (new)
1a. Emphasizes in particular that competition and consumer policies complement each other as they both aim to protect consumers and to ensure the normal functioning of the single market; recalls that the New Consumer Agenda presented by the European Commission as one of its objectives envisages the continuation of the fight against consumer scams, unfair marketing practices and fraud;
2021/01/08
Committee: IMCO
Amendment 13 #

2020/2223(INI)

Draft opinion
Paragraph 1 c (new)
1c. Recalls that competition rules protect the integrity of the single market and help create a level playing field for businesses, while also undoubtedly helping to better protect consumer rights and promote innovations;
2021/01/08
Committee: IMCO
Amendment 20 #

2020/2223(INI)

Draft opinion
Paragraph 2 a (new)
2a. Notes with concern the growing interest of external actors in strengthening and consolidating their influence in European companies in the context of the crisis caused by the pandemic; calls on the European Commission to closely monitor such trends, and in particular foreign direct investments, in order to ensure and preserve the integrity of the single market;
2021/01/08
Committee: IMCO
Amendment 22 #

2020/2223(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses that disproportionate regulatory burdens and unnecessary red tape negatively affect both the competitiveness and the capacity to innovate of European companies, especially SMEs; calls on the Commission to apply the “one in, one out” principle and conduct thorough impact assessment when shaping new legislation;
2021/01/08
Committee: IMCO
Amendment 23 #

2020/2223(INI)

Draft opinion
Paragraph 2 b (new)
2b. Recalls that 73% of the European Union's GDP is generated by services and that the single market for services is less developed than the single market for goods; considers that competition mechanisms can help strengthen the single market for services; emphasizes further that regulatory obligations must be proportionate and must in no way aim to create unjustified administrative barriers that prevent the further strengthening of the single market and fair competition;
2021/01/08
Committee: IMCO
Amendment 28 #

2020/2223(INI)

Draft opinion
Paragraph 3
3. Recalls that regulating digital markets constitutes a core responsibility of the Committee on Internal Market and Consumer Protection; in this context, highlights the adoption of the P2B Regulation (Regulation (EU) 2019/11501 ) and notes that ex ante regulatory intervention willaims to address the gaps in ex post competition law enforcement; __________________ 1 OJ L 186, 11.7.2019, p. 57.
2021/01/08
Committee: IMCO
Amendment 31 #

2020/2223(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that the existing competition rules do not sufficiently meet the needs of a functioning single market and therefore welcomes the European Commission's intention to correct irregularities in the digital market through competition policy, inter alia through an ex ante regulatory instrument;
2021/01/08
Committee: IMCO
Amendment 33 #

2020/2223(INI)

Draft opinion
Paragraph 3 b (new)
3b. Notes the two legislative initiatives recently proposed by the European Commission: the Digital Services Act (DSA) and the Digital Markets Act (DMA); stresses their important role in complementing and strengthening the competition law enforcement; notes that proposed harmonised rules, better oversight and ex ante obligations will ensure that markets characterised by large platforms acting as digital gatekeepers remain fair and competitive for innovators, businesses, and new market entrants;
2021/01/08
Committee: IMCO
Amendment 36 #

2020/2223(INI)

Draft opinion
Paragraph 4
4. Highlights the importance of a few online operators acting as gatekeepers to the digital economy, including access to e- commerce markets and the consequences on freedom of choice for consumers and access to markets for companies; in this regard particularly emphasizes that out of the 10 000 internet platforms participating in the EU digital market, the seven largest generate as much as 69% of the sector's total revenues; underlines, therefore, the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; looks forward to seeing this instrument in, without limiting the EU's ability to intervene ex-post via the enforthcoming Digital Markets Act proposalcement of existing EU competition rules;
2021/01/08
Committee: IMCO
Amendment 35 #

2020/2216(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Notes that new technologies, data and AI are key enablers of the transition to a circular economy, facilitating the introduction of circular business models, contributing to more sustainable value chains and optimising resource use; calls on the Commission to promote and support the uptake and development of sustainable technology in the realisation of the Green Deal;
2021/01/26
Committee: IMCO
Amendment 42 #

2020/2215(INI)

Motion for a resolution
Citation 16 a (new)
- having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’),
2020/12/14
Committee: FEMM
Amendment 111 #

2020/2215(INI)

Motion for a resolution
Recital B
B. whereas sexual and reproductive health and rights (SRHR) are, according to the World Health Organisation (WHO), an umbrella term for various issues affecting men, women, boys and girls alike, and representing four separate areas: sexual health, sexual rights, reproductive health and reproductive rights, based on the rights of all individuals to have their bodily integrity and personal autonomy respected; define their sexual orientation and gender identity; decide whether, with whom and when to be sexually active; decide whether, when and who to marry and when, whether and by what means to have a child or children; have access to the information and support necessary to achieve all of the above9 ; _________________ 9 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary
2020/12/14
Committee: FEMM
Amendment 116 #

2020/2215(INI)

Motion for a resolution
Recital B
B. whereas sexual and reproductive health and rights (SRHR) are based on the rights of all individuals to have their bodily integrity and personal autonomy respected; definhave their sexual orientation and gender identity fully respected; decide whether, with whom and when to be sexually active; decide whether, when and who to marry and when, whether and by what means to have a child or children; have access to the information and support necessary to achieve all of the above9 ; _________________ 9 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary
2020/12/14
Committee: FEMM
Amendment 151 #

2020/2215(INI)

Motion for a resolution
Recital F
F. whereas SRHR challenges and obstacles include: a lack of access, denial of medical care based on personal beliefs, gender-based violence, gynaecological and obstetric violence, a lack of comprehensive sexuality education, denial of access to information/education, a lack of available contraception methods, limited access to medically assisted reproduction treatments, forced sterilisation, including in the context of legal gender recognition, high rates of STIs and HIV, disparities in maternal mortality, high adolescent pregnancy rates, harmful gender stereotypes and practices such as female and intersex genital mutilation, early, forced and child marriages and honour killings; , honour killings and so-called “conversion therapy” practices, which can take the form of sexual violence such as “corrective rape” on lesbian and bisexual women and girls, as well as transgender persons; whereas the enjoyment of SRHR for LGBTI persons may be severely hindered due to the omission in sexual education curricula of the diversity of sexual orientation, gender identity, expression and sex characteristics;
2020/12/14
Committee: FEMM
Amendment 161 #

2020/2215(INI)

Motion for a resolution
Recital F a (new)
F a. whereas the World Health Organisation defines infertility as “a disease of the reproductive system defined by the failure to achieve a clinical pregnancy after 12 months or more of regular unprotected sexual intercourse”; whereas this definition fails to encompass the reality of lesbian and bisexual women as well as transgender persons in same- sex couples or single women interested in fertility options, worsening the socio-legal challenges in access to Assisted Reproductive Technologies (ART) they already face as a result of the focus on countering infertility; whereas lesbian and bisexual women may be unable to prove their “infertility” and therefore be denied access to ART;1a _________________ 1a https://www.who.int/reproductivehealth/to pics/infertility/definitions/en/
2020/12/14
Committee: FEMM
Amendment 164 #

2020/2215(INI)

Motion for a resolution
Recital F b (new)
F b. whereas in certain circumstances transgender men and non-binary persons may also undergo pregnancy and should, in such cases, benefit from measures for pregnancy and birth-related care without discrimination on the basis of their gender identity;
2020/12/14
Committee: FEMM
Amendment 183 #

2020/2215(INI)

Motion for a resolution
Recital I
I. whereas comprehensive sexuality education facilitates informed reproductive choicesand age appropriate sexuality education is a rights based and gender focused approach to sexuality education, including scientifically accurate information about human development, anatomy and reproductive health which facilitates informed reproductive choices and helps to combat gender-based violence;
2020/12/14
Committee: FEMM
Amendment 231 #

2020/2215(INI)

Motion for a resolution
Recital N a (new)
N a. whereas, according to the Charter, the ECHR and the case law of the European Court of Human Rights, women’s sexual and reproductive health is related to multiple human rights, including the right to life and dignity, freedom from inhuman and degrading treatment, the right to access healthcare, the right to privacy, the right to education and the prohibition of discrimination;
2020/12/14
Committee: FEMM
Amendment 237 #

2020/2215(INI)

Motion for a resolution
Recital N b (new)
N b. recalls that sexual health is fundamental to the overall health and wellbeing of individuals, couples and families, in addition to the social and economic development of communities and countries, and that access to health, including sexual and reproductive health, is a human right; whereas providing some form of sexuality and health education is already mandatory in a majority of Member States;
2020/12/14
Committee: FEMM
Amendment 255 #

2020/2215(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Recalls the EU commitment to the promotion, protection and fulfilment of the right of every individual and of every woman and girl to have full control over and decide freely and responsibly on matters related to their sexuality and sexual and reproductive rights, free from discrimination, coercion and violence 1a’; _________________ 1a EU Council conclusions ‘EU priorities at the United Nations and the 75th United Nations GeneralAssembly, September 2020-September 2021'
2020/12/14
Committee: FEMM
Amendment 271 #

2020/2215(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Calls in that context for regular exchanges and promotion of good practices between Member States and stakeholders on the gender aspects of health to be facilitated, including on sexual and reproductive health and rights;
2020/12/14
Committee: FEMM
Amendment 289 #

2020/2215(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Stresses the importance of guaranteeing sufficient budgetary provision for women’s sexual and reproductive health and ensuring the availability of adequate human resources and necessary goods across all levels of the health system, in both urban and rural areas;
2020/12/14
Committee: FEMM
Amendment 300 #

2020/2215(INI)

Motion for a resolution
Paragraph 6
6. Calls upon the Member States to establish effective strategies and monitoring programmes that guarantee access to a full range of SRHR services in line with international health standards;
2020/12/14
Committee: FEMM
Amendment 305 #

2020/2215(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Emphasises the importance of illness prevention through education; Further stresses the importance of vaccinations in illness prevention where vaccinations exist; calls therefore for the Member States and the European Commission to extend the EU purchase of vaccines to combat COVID-19 to the purchase of the HPV vaccine, ensuring that every young person in Europe can avail of this vaccine;
2020/12/14
Committee: FEMM
Amendment 319 #

2020/2215(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Reaffirms its call on Member States to adopt legislation ensuring that intersex persons are not subjected to non- vital medical or surgical treatment during infancy or childhood, and that their right to bodily integrity, autonomy, self- determination and informed consent is fully respected;
2020/12/14
Committee: FEMM
Amendment 320 #

2020/2215(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Stresses the need to take into consideration specific health needs related to SRHR such as infertility, menopause, specific reproductive cancers; Calls on the Commission to provide information as to the contribution of EU programmes to advancing and supporting reproductive health;
2020/12/14
Committee: FEMM
Amendment 322 #

2020/2215(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Recalls the decision of the European Court of Human Rights in A.P. Gaçon and Nicot v. France, where it recognised that a Member State’s requirement of sterilisation ahead of allowing legal gender recognition procedures amounted to a failure to secure the right to respect for the private life of the applicant; recalls the UN’s acknowledgement that forced sterilisation is a violation of the right to be free from torture and other cruel, inhuman, or degrading treatment or punishment;1a deplores that sterilisation remains a sine qua non condition for access to legal gender recognitions in some EU Member States; calls upon the Member States to abolish the sterilisation requirement and to protect transgender persons' right to self-determination;1b _________________ 1a https://www.ohchr.org/Documents/HRBo dies/HRCouncil/RegularSession/Session2 2/A.HRC.22.53_English.pdf 1bEuropean Court of Human Rights, Case of A.P., Garçon and Nicot v.France (application nos. 79885/12, 52471/13 and 52596/13).
2020/12/14
Committee: FEMM
Amendment 325 #

2020/2215(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Emphasises that environmental change can be detrimental to future fertility; stresses the need to consider the impacts of environmental change on SRHR, including pollution of water and air, and an increase in the consumption of chemicals; asks that this be further examined through Horizon Europe and addressed through the European Green Deal;
2020/12/14
Committee: FEMM
Amendment 339 #

2020/2215(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Stresses the need for universal access to quality and affordable comprehensive sexual and reproductive health information and education, including comprehensive and age appropriate sexuality education, with respect of the Member States’ competences and practices; emphasises that this can significantly contribute to reducing sexual violence and harassment, complemented through EU funding and projects enhancing cooperation and coordination of public health policies, and the development and dissemination of good practices;
2020/12/14
Committee: FEMM
Amendment 341 #

2020/2215(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Recalls that the imparting of information should reflect the diversity of sexual orientations, gender identities, expressions and sex characteristics, so as to counter misinformation based on stereotypes or biases; calls on Member States to develop age-appropriate sexual education curricula inclusive of the former;
2020/12/14
Committee: FEMM
Amendment 343 #

2020/2215(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Strongly reiterates that access to comprehensive and age-appropriate information about sex and sexuality and access to sexual and reproductive healthcare, including sexuality education, family planning, contraceptive methods, is essential for the creation of a positive and respectful approach to sexuality and sexual relationships, in addition to the possibility of having safe sexual experiences, free from coercion, discrimination and violence; encourages all Member States to introduce comprehensive age-appropriate sexuality and relationship education for young people in schools;
2020/12/14
Committee: FEMM
Amendment 349 #

2020/2215(INI)

Motion for a resolution
Paragraph 9
9. Calls upon the Member States and the media to combat the spread of discriminatory and unsafe misinformation on SRHR;
2020/12/14
Committee: FEMM
Amendment 360 #

2020/2215(INI)

Motion for a resolution
Paragraph 10
10. Calls upon the Member States to ensure access to a range of contraceptive methods, allowing women in collaboration with their doctors to choose the method that best suits them, thereby safeguarding the fundamental right to health and the right of choice;
2020/12/14
Committee: FEMM
Amendment 407 #

2020/2215(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Underlines that all the rights afforded to women by law regarding abortion care must apply to all persons undergoing pregnancy, including transgender and non-binary persons, without discrimination on grounds of their gender identity or gender expression and in line with international human rights practices;
2020/12/14
Committee: FEMM
Amendment 415 #

2020/2215(INI)

Motion for a resolution
Paragraph 15
15. Calls upon the Member States to adopt measures to ensure that all women have access to quality, affordable, evidence-based maternity care, based on respect;
2020/12/14
Committee: FEMM
Amendment 422 #

2020/2215(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Calls on the Commission to develop common EU standards in maternal healthcare and to facilitate best practice sharing amongst experts in the field;
2020/12/14
Committee: FEMM
Amendment 427 #

2020/2215(INI)

Motion for a resolution
Paragraph 16
16. Calls upon the Member States to combat physical and verbal abuse, including gynaecological and obstetric violence, which constitute forms of gender-baseddo their utmost to ensure the respect of women's rights and their dignity in childbirth, and to combat any associated gender based violence, including physical and verbal abuse such as gynaecological and obstetric violence;
2020/12/14
Committee: FEMM
Amendment 431 #

2020/2215(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls upon the Member States to ensure that maternity, pregnancy and birth-related care must be equally accessible to all persons undergoing pregnancy without discrimination of any kind, notably on grounds of sexual orientation or gender identity;
2020/12/14
Committee: FEMM
Amendment 465 #

2020/2215(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Stresses the highly damaging and diverse health consequences of gender- based violence, which has been shown to have the potential to lead to severe physical and mental health consequences, including gynaecological disorders and adverse pregnancy outcomes;
2020/12/14
Committee: FEMM
Amendment 484 #

2020/2215(INI)

Motion for a resolution
Paragraph 20
20. Calls upon the Commissioner for Equality to promote and protect SRHR and to include them in the next EU gender equality simplementation of the EU gender equality strategy and the EU LGBTIQ Equality Strategy;
2020/12/14
Committee: FEMM
Amendment 492 #

2020/2215(INI)

Motion for a resolution
Paragraph 21
21. Calls upon the Commissioner for International Partnerships to uphold the European Consensus on Development and the SDGs, in particular targets 3.7 and 5.6, to ensure that SRHR remain a development priority in all EU external activities and relations, in particular in the new Gender Action Plan III;
2020/12/14
Committee: FEMM
Amendment 1 #
2020/07/15
Committee: IMCO
Amendment 2 #

2020/2131(INI)

Draft opinion
Recital 1 b (new)
1b. Whereas European SMEs are currently experiencing unprecedented challenges because of the COVID-19 crisis that threatens their very existence;
2020/07/15
Committee: IMCO
Amendment 3 #

2020/2131(INI)

Draft opinion
Recital 1 c (new)
1c. Whereas only 17% of SMEs have so far successfully integrated digital technology into their businesses and digitalisation is crucial for a strong economic growth and creation of jobs within the internal market;
2020/07/15
Committee: IMCO
Amendment 4 #
2020/07/15
Committee: IMCO
Amendment 5 #

2020/2131(INI)

Draft opinion
Paragraph 1
1. WStrongly welcomes the SME strategy and shares the Commission’s view that SMEs, are essential to the European economy the backbone of the European economy and absolutely essential for economic growth and job creation as well as for a strong and well- functioning internal market; encourages the Commission to swiftly take further initiatives to properly support EU SMEs with the aim to address both the short- term consequences of the crisis and the long-term challenges such as the digitalisation and the transition to a more sustainable internal market;
2020/07/15
Committee: IMCO
Amendment 18 #

2020/2131(INI)

Draft opinion
Paragraph 2 b (new)
2b. Stresses that improved access to finance and liquidity are necessary to support SMEs and that EU funds together with national measures are necessary to allow companies to bridge liquidity gaps caused by the crisis; highlights that SMEs need support to compensate for loss in revenues, to finance fixed costs and avoid bankruptcies; calls for supporting possible access to diverse financial resources for SMEs in order for them not to be dependant only on banking system but also to consider the use of other means including private equity and crowdfunding;
2020/07/15
Committee: IMCO
Amendment 19 #

2020/2131(INI)

Draft opinion
Paragraph 2 c (new)
2c. Calls for the synchronisation of all financial tools aimed at supporting SMEs within the internal market; insists that programmes crucial for SMEs competitiveness, development and resilience to the crisis, must be included in the next Multiannual Financial Framework and guaranteeing a necessary level of funding that supports them; COVID-19 support schemes should be tailor-made to address challenges of the different sectors affected and to coordinate EU funding with national and regional initiatives; recovery funding also needs to address additional costs that SMEs in particular have to face when complying with additional safety rules during and after the crisis; the European Investment Bank must also continue to support SMEs in particular as part of the sustainable finance approach;
2020/07/15
Committee: IMCO
Amendment 22 #

2020/2131(INI)

Draft opinion
Paragraph 3
3. Notes that SMEs should not be burdened as little as possible and encourages the Commission to use strong enforcement action to ensure that the single market benefits all businesses and consumers and to counter gold-plating and other regulatory restrictions by making use of all available tools and bodies, such as the SMEs Envoy and the Regulatory Scrutiny Board, in order to create a level playing field in cross-border business in the internal market;
2020/07/15
Committee: IMCO
Amendment 31 #

2020/2131(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls for a roadmap towards achieving a major reduction in administrative burden and bureaucracy affecting SMEs in the internal market, to boost SMEs potential for investments and speed up EU economic recovery; this should include the following elements: - supporting SMEs to operate cross- border thus fully reaping the benefits of the internal market; - encouraging scale-up; - strengthening and mainstreaming the SMEs dimension in all impact assessments through a binding SME test performed at an early stage of the impact assessment to analyse the economic impact of legislative proposals, including the compliance costs; - applying of the one-in-one-out rule in such a way that for any additional compliance cost introduced by new legislation, the corresponding amount of compliance cost is reduced; - reducing the regulatory burden through concrete targets at EU and national level (such as a reduction by 30% or cut 1000 outdated rules and regulations), in order to make a real benefit for SMEs to grow and prosper within the EU internal market;
2020/07/15
Committee: IMCO
Amendment 37 #

2020/2131(INI)

Draft opinion
Paragraph 4
4. Highlights the crucial role of data as the lifeblood of the digital economy; supports the Commission in establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governments; underlines that SMEs must be given a fair share of the added value of the data they generate and highlights that interoperability and non-discriminatory access to data, including platforms’ data, are key to ensure a digital level playing field within the internal market and to successfully deal with challenges and opportunities emerging from data sharing, data security and cybersecurity issues across the whole internal market;
2020/07/15
Committee: IMCO
Amendment 43 #

2020/2131(INI)

Draft opinion
Paragraph 4 a (new)
4a. Points out that there is the need to facilitate the SMEs’ uptake of Artificial Intelligence by promoting the creation of SME cross-border Alliances for AI in strategic value chains within the internal market, as well promoting investment in the next generation of standards, tools and infrastructures to store and process data; points out that it is important to ensure SMEs’ access to and awareness of ICT standards to innovate and provide more tailored digital solutions;
2020/07/15
Committee: IMCO
Amendment 46 #

2020/2131(INI)

Draft opinion
Paragraph 4 b (new)
4b. Stresses that start-ups represent the SMEs with the higher potential to grow in new digital sectors such as AI, IOT and robotics; stresses that also microenterprises and micro-companies, that do not dispose of sufficient resources or infrastructure for digital transformation, must have access to sufficient financial resources and be adequately supported; recalls that also traditional SMEs focused on the sustainable development of the society are threatened heavily by the crisis in several sectors and should be adequately supported;
2020/07/15
Committee: IMCO
Amendment 50 #

2020/2131(INI)

Draft opinion
Paragraph 5
5. Encourages Member States to implement the single digital gateway in an SME-friendly way by cooperating closely with regional and local authorities as well as with the other Member States and by providing easy digital access to information, procedures, and services linked to doing business across borders, including advice on public procurement and funding sources;
2020/07/15
Committee: IMCO
Amendment 63 #

2020/2131(INI)

Draft opinion
Paragraph 6
6. Calls on the Member States to simplify procurement tendering processes by using the flexibility of the EU’s newCommission’s new guidance within the EU’s public procurement framework and to enhance opportunities for SMEs in the internal market by using digital tools and platforms to expand cross-border procurement; stresses that greensustainable public procurement can make an important contribution to building a sustainable economythe transition to a more sustainable economy and that SMEs need the right support to bring forward this transition;
2020/07/15
Committee: IMCO
Amendment 74 #

2020/2131(INI)

Draft opinion
Paragraph 7 a (new)
7a. Points out the need to deepen and complete the Single Market in services, especially for SMEs; short-term cross- border service orders need to be exempt from the obligation for an A1 certificate in order not to increase the fragmentation of the internal market for services.
2020/07/15
Committee: IMCO
Amendment 79 #

2020/2131(INI)

Draft opinion
Paragraph 7 a (new)
7a. Regrets the fragmentation of the single market for services, preventing SMEs in the services sector from fully benefitting from the European single market; calls on the Commission to swiftly remove remaining barriers to trade affecting the service sector to unlock the full potential of the single market;.
2020/07/15
Committee: IMCO
Amendment 80 #

2020/2131(INI)

Draft opinion
Paragraph 7 b (new)
7b. Points out that midcap companies that exceed the criteria of the SME definition contribute significantly to growth and job creation with in the internal market, but receive too little support; calls on the Commission to consider a revision of the current SMEs definition and propose an additional separate midcap definition ensuring that small midcaps with 250 to 499 employees in particular can be better relieved and promoted, while making sure that SMEs funding is not reduced for those SMEs meeting the current criteria.
2020/07/15
Committee: IMCO
Amendment 90 #

2020/2116(INI)

Motion for a resolution
Paragraph 6
6. Calls for the EU to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit toapplied in a way that respectings human rights and the rights enshrined in the UN Refugee Convention, and to ensure that such cooperation does not lead to violations of, including the principle of non- refoulement, and those rights and offers operational means to nullify these agreements, seek remedy and ensure accountability should such violations occurenshrined in the UN Refugee Convention;
2020/12/14
Committee: AFET
Amendment 166 #

2020/2116(INI)

Motion for a resolution
Paragraph 16
16. Notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management, including return and readmission; stresses, however, that according to Article 208 TFEU the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the eradication of poverty; calls, therefore, on the Commission to ensure that policies on development cooperation do not contravene the principles enshrined in Article 208 TFEU; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries, the rights of refugees and migrants, and their potential impact on regional migration patterns and contribution to local economies, and thus also undermines a wide range of rights stemming from the Sustainable Development Goalsbelieves that European development aid and public investments should promote joint priorities and policy objectives including eradicating poverty, climate and environmental action, economic and trade policies and migration management; stresses that the use of humanitarian aid and emergency aid as an incentive for migration management undermines meaningful action on the needs of people in developing countries, the rights of refugees and migrants, and their potential impact on regional migration patterns and contribution to local economies; calls, therefore, on the Commission to ensure that policies on development cooperation do not contravene the principles enshrined in Article 208 TFEU and that they are fully align with the principles of fundamental human rights, democracy and good governance;
2020/12/14
Committee: AFET
Amendment 202 #

2020/2116(INI)

Motion for a resolution
Paragraph 19
19. NotWelcomes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographical and rapid response component of the proposed Neighbourhood, Development, International Cooperation Instrument (NDICI); notes with concern, however, that through the ‘rapid response’ component, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament, including in the framework of the ‘Migration Preparedness and Crisis Blueprint’, which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021- 2027 Multiannual Financial Framework is accompanied by a robust human rights framework for the identification, implementation and monitoring of future migration cooperation programmes;
2020/12/14
Committee: AFET
Amendment 210 #

2020/2116(INI)

Motion for a resolution
Paragraph 22
22. Recalls the commitment of the EU and its Member States under the Global Compact on Refugees to share responsibility for the protection of refugees and ease the pressure on host countries; stresses in this regard that the EU and its Member States should contribute to a more structural and substantial funding of the regions hosting most refugees, and should not use financial means to shift responsibility for the protection of refugees to third countries; reiterates the importance of fully implementing; recalls the 23 objectives of the Global Compact for Safe, Orderly and Regular Migration; believes that Parliament must ensure the proper scrutiny of the implementation of both Compacts by the EU;
2020/12/14
Committee: AFET
Amendment 1 #

2020/2112(INI)

Motion for a resolution
Citation 8 a (new)
— having regard to the Agreement adopted in Paris at the 21st Conference of the Parties of the UNFCCC of 12 December 2015 (the Paris Agreement),
2021/05/11
Committee: AFET
Amendment 8 #

2020/2112(INI)

Motion for a resolution
Citation 19 a (new)
— having regard to the Ilulissat Declaration between the five Arctic coastal states United States, Russia, Canada, Norway and Denmark, which was announced on May 28, 2008, and reaffirmed in May 2018,
2021/05/11
Committee: AFET
Amendment 10 #

2020/2112(INI)

Motion for a resolution
Citation 24 a (new)
— having regard to the establishment of the Council of the Baltic Sea Region (CBSS) and the Barents Euro-Arctic Council (BEAC),
2021/05/11
Committee: AFET
Amendment 11 #

2020/2112(INI)

Motion for a resolution
Citation 24 b (new)
— having regard to the report of the Arctic Stakeholder Forum consultation to identify key investment priorities in the Arctic and ways to better streamline future EU funding programmes for the region from 21 December 2017,
2021/05/11
Committee: AFET
Amendment 12 #

2020/2112(INI)

Motion for a resolution
Citation 25
— having regard to the statements adopted at the Northern Dimension Parliamentary Forum in Bodø, Norway, in November 2019, in Brussels, in November 2017, in Reykjavik, Iceland, in May 2015, in Archangelsk, Russia, in November 2013, in Tromsø, Norway, in February 2011 and in Brussels in September 2009,
2021/05/11
Committee: AFET
Amendment 18 #

2020/2112(INI)

Motion for a resolution
Citation 25 a (new)
— having regard to the statement from the 14th Conference of the Standing Committee of the Parliamentarians of the Arctic Region on 13-14 April 2021,
2021/05/11
Committee: AFET
Amendment 27 #

2020/2112(INI)

Motion for a resolution
Recital A
A. whereas since the end of the Cold War, the Arctic has been a zone of peace and international cooperation, and the goal of the international community should be to keep it as suchpeaceful region characterized by international cooperation between the eight Arctic states Denmark, Sweden, Finland, Iceland, Norway, Russia, Canada and the United States of America; whereas the Arctic states and the international community should adhere to international law in order to keep it an area of low-tension;
2021/05/11
Committee: AFET
Amendment 32 #

2020/2112(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the EU has been engaged in the Arctic since the early 1990’s, through its participation in the establishment of the Council of the Baltic Sea Region (CBSS), the Barents-Euro- Arctic Council (BEAC) and through its full membership in these bodies;
2021/05/11
Committee: AFET
Amendment 34 #

2020/2112(INI)

Motion for a resolution
Recital B
B. whereas the Arctic is home to over four million people, including more than 40 different indigenous ethnic groups and half a million EU citizens; whereas demography is important to regional development;
2021/05/11
Committee: AFET
Amendment 41 #

2020/2112(INI)

Motion for a resolution
Recital C
C. whereas the future of the Arctic requires a broader understmulti-level governance, with the need to pursue regional cooperation and ing and actions reaching beyond the regional level owing to theternational solutions to the global challenges the Arctic regions are facing; whereas there is a direct link between the geopolitics and security of the Arctic and its environmental situation;
2021/05/11
Committee: AFET
Amendment 43 #

2020/2112(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the effects of climate change are particularly visible in the Arctic, with the Arctic heating up two to three times faster than the global average, which has caused worrying changes in ice conditions, sea levels and air temperatures; whereas challenges to the Arctic are predominantly caused by global climate change and activities outside the Arctic region;
2021/05/11
Committee: AFET
Amendment 53 #

2020/2112(INI)

Motion for a resolution
Recital D
D. whereas the effects of climate change in the Arctic and the re-emergence of geopolitical competition in the region may impact the region's economic development of the northern hemisphere;
2021/05/11
Committee: AFET
Amendment 57 #

2020/2112(INI)

Motion for a resolution
Recital E
E. whereas the region’s geo-economic importance is quickly growing due to competition for itsits rich natural resources and the emerging new maritime routes that have emerged as a consequence of the reduced ice levels in the Arctic; whereas by current estimates, the Arctic could be ice free during summertime around the years 2030-2040; whereas the Arctic infrastructure is built on existing permafrost and not adapted to such long-term environmental changes;
2021/05/11
Committee: AFET
Amendment 64 #

2020/2112(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the EU contributed over one billion euros to regional development and cross-border cooperation in the European Arctic;
2021/05/11
Committee: AFET
Amendment 68 #

2020/2112(INI)

Motion for a resolution
Recital F
F. whereas primary responsibility for the preservation and sustainable development of the Arctic lies with the Arctic states, but whereas significant impact of external factors cannot be denied and whereas the international community hence has an obligation to do all it can to protect the Arctic regions and ensure its stability and safety;
2021/05/11
Committee: AFET
Amendment 73 #

2020/2112(INI)

Motion for a resolution
Recital G
G. whereas cooperation in the field of scientific research is now, more than ever, crucial to overcoming the challenges brought about by pollution and climate change; whereas the EU has contributed over 200 million euro for Arctic research through the Horizon 2020 programme;
2021/05/11
Committee: AFET
Amendment 76 #

2020/2112(INI)

Motion for a resolution
Recital H
H. whereas the comprehensive governance model of the Arctic has so far, with international law at its core, has proven to be effective and robust;
2021/05/11
Committee: AFET
Amendment 85 #

2020/2112(INI)

Motion for a resolution
Recital I
I. whereas the remit of the Arctic Council is limited, giving it the flexibility to adapt to new challenges but also making it less able to respond to all the issues affecting the Arcticand its working groups are serving as an arena of positive and constructive international cooperation, with a flexibility to adapt to new challenges;
2021/05/11
Committee: AFET
Amendment 87 #

2020/2112(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas the Arctic Council has served as a basis for several binding agreements between the Arctic states, including the Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic (2011), the Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic (2013) and the Agreement on Enhancing International Arctic Scientific Cooperation (2017);
2021/05/11
Committee: AFET
Amendment 90 #

2020/2112(INI)

Motion for a resolution
Recital J
J. whereas, the essential role of international law, in particular the UNCLOS and the conventions of the IMO, should be reaffirmed and reinforced international law is the basis of international engagement and cooperation in the Arctic; whereas the United Nations Convention on the Law of the Sea (UNCLOS) sets out the legal framework within which all activities in the oceans and seas must be carried out;
2021/05/11
Committee: AFET
Amendment 92 #

2020/2112(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas the International Maritime Organization (IMO) was established in March 1948; whereas the IMO sets global regulatory standards for the safety, security and environmental performance of international shipping;
2021/05/11
Committee: AFET
Amendment 95 #

2020/2112(INI)

Motion for a resolution
Recital K
K. whereas the EU’s engagement with the Arctic is based on history, geography, economy and research, and; whereas three EU Member States - Denmark, Sweden and Finland - are Arctic states; whereas the EU has consistently demonstrated its commitment to a peaceful, environmentally clean and, cooperative and prosperous Arctic;
2021/05/11
Committee: AFET
Amendment 106 #

2020/2112(INI)

Motion for a resolution
Recital L
L. whereas Russian obstruction has since 2014 denied the EU formathe EU has a pending application to become a full observer of the Arctic Council, which the Arctic Council members acknowledged receipt of in 2013; whereas the European Parliament has previously supported the EU's application to become a full observer status tof the Arctic Council;
2021/05/11
Committee: AFET
Amendment 113 #

2020/2112(INI)

Motion for a resolution
Recital L a (new)
La. whereas in the past the Arctic region has been relatively unaffected by global geopolitical conflicts; whereas the geopolitical interest in the Arctic by Arctic and non-Arctic actors is increasing, creating a new military dynamic in the Arctic region;
2021/05/11
Committee: AFET
Amendment 119 #

2020/2112(INI)

Motion for a resolution
Recital M
M. whereas the military importance of the Arctic is rapidly increasing due to the progressive and steady re-militarisation of the Russian Federation, significantly increasing the likelihood of military confrontation in the regionRussian Federation has established new military bases and modernized old military bases in the northern regions; whereas Russia has upgraded its Northern Fleet to the status of a military district, scaled up different branches of its armed forces and revived the bastion defence concept aimed at protecting Russia’s strategic capabilities;
2021/05/11
Committee: AFET
Amendment 141 #

2020/2112(INI)

Motion for a resolution
Recital N a (new)
Na. whereas the Arctic region has a vast reserve of rare earth minerals; whereas 90% of global rare earth production currently stems from China;
2021/05/11
Committee: AFET
Amendment 143 #

2020/2112(INI)

Motion for a resolution
Recital N b (new)
Nb. whereas the EU and United Kingdom in 2019 imported one-fourth of Arctic states energy exports, including 87% of LNG from the Russian Arctic;
2021/05/11
Committee: AFET
Amendment 144 #

2020/2112(INI)

Motion for a resolution
Recital N c (new)
Nc. whereas the EU and United Kingdom in 2018 imported 69% of gold, 51% of nickel, 48% of titanium, 46% of cobalt, 93% of vanadium and 35% of iron from the Arctic states;
2021/05/11
Committee: AFET
Amendment 145 #

2020/2112(INI)

Motion for a resolution
Recital N d (new)
Nd. whereas the EU in 2019/2020 imported 62% of Norwegian, 27% of Faroese, 53% of Icelandic and 63% of Greenlandic fish exports;
2021/05/11
Committee: AFET
Amendment 146 #

2020/2112(INI)

Motion for a resolution
Recital N e (new)
Ne. whereas the EU Arctic Forum in Umeå, Sweden, in 2019 was a joint undertaking in strengthening cooperation between the EU and a broad range of Arctic stakeholders;
2021/05/11
Committee: AFET
Amendment 149 #

2020/2112(INI)

Motion for a resolution
Paragraph 1
1. ConsiderReconfirms that the Arctic plays a crucial role in keeping the environmental balance of the planet and aims to maintain theis of strategic and political importance to the EU and underlines the EU’s commitment to be a responsible actor, seeking the long-term sustainable and peaceful development of the region by fully cooperating with international partners; considers it crucial to maintain international cooperation and low tension in the Arctic region, as a zone of peace and international cooperatwell as to respond to the various effects and consequences of climate change in the region;
2021/05/11
Committee: AFET
Amendment 168 #

2020/2112(INI)

Motion for a resolution
Paragraph 2
2. Notes, however, that interest in the Arctic and its resources is growing because of the negative effects of climate change and resource scarcity, creating new opportunities for economic development but also increasing the risk of confrontation;
2021/05/11
Committee: AFET
Amendment 171 #

2020/2112(INI)

Motion for a resolution
Paragraph 3
3. Emphasises that the Arctic states hold the primary responsibility for tackling issues within their territories; reiterates that international law is the cornerstone of the legal framework regulating inter-state relations in the Arctic and underlines the importance of the UNCLOSPart XV UNCLOS with regard to the peaceful settlement of maritime disputes and the different dispute resolution procedures stipulated therein;
2021/05/11
Committee: AFET
Amendment 172 #

2020/2112(INI)

Motion for a resolution
Paragraph 3
3. Emphasises that the Arctic states hold the primary responsibility for tackling issues within their territories; points, however, also to the fact that external forces have a key impact on current and future challenges of the region; reiterates that international law is the cornerstone of the legal framework regulating inter-state relations in the Arctic and underlines the importance of the UNCLOS;
2021/05/11
Committee: AFET
Amendment 179 #

2020/2112(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Further emphasizes that the comprehensive governance model based on international law has benefited all Arctic states and the region as a whole, and has provided predictability and stability in the region; underlines that the existing regional structures foster trust and cooperation between Arctic states;
2021/05/11
Committee: AFET
Amendment 184 #

2020/2112(INI)

Motion for a resolution
Subheading 2
(Re-)Entry of geopoliticGeopolitical developments into the Arctic
2021/05/11
Committee: AFET
Amendment 186 #

2020/2112(INI)

Motion for a resolution
Paragraph 4
4. Highlights that the prospect of Arcticmilitary activity in the Arctic needs to be predictable and that increased militariszation, carries substantial security risks in and beyond ombined with worsened geopolitical relations globally, can lead to incidents and increased security risks; underlines the importance of preventing spill-over effects in the Arctic from geopolitical developments in other regions; notes that the Arctic plays a crucial role infor the wider security of Europe as wholend its strategic context;
2021/05/11
Committee: AFET
Amendment 196 #

2020/2112(INI)

Motion for a resolution
Paragraph 5
5. Urges the Russian Federation to enact its Arctic policies in full respect of international law and to be mindful of the consequences of its actions; is therefore worried byexpresses its concerns about the military build-up pursued by Russia, which has been the most extensive among the Arctic states, including the development of anti-access and area denial (A2/AD) capabilities, and notes the Arctic’s prominent place in the military strategy of the Russian Federation;
2021/05/11
Committee: AFET
Amendment 214 #

2020/2112(INI)

Motion for a resolution
Paragraph 7
7. Considers that the inclusion of the Arctic by China in its economic development programmes, with the aspiration to integrate the Arctic’s nNorthern sSea rRoute into its Belt and Road Initiative (as a Polar Silk Road’), as well as the Arctic’s prominent place in the military strategy of the Russian Federation, are cause for concern and challenge any idea that the Arctic could be dealt with as a self-contained region) needs to be closely observed by the EU; notes Chinese investments in research and strategic infrastructure projects in the Arctic and recalls that the EU should prevent losing important ground to third countries in this field;
2021/05/11
Committee: AFET
Amendment 219 #

2020/2112(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Emphasises the importance of the UNCLOS as the legal framework within which all activities in the oceans and seas must be carried out, including in the Arctic, as well as the international bodies established under the UNCLOS, including the Commission on the Limits of the Continental Shelf (CLCS), the International Seabed Authority (ISA) and the International Tribunal for the Law of the Sea (ITLOS); underlines the EU’s role in promoting international law, international ocean governance and a rules-based order;
2021/05/11
Committee: AFET
Amendment 222 #

2020/2112(INI)

Motion for a resolution
Paragraph 8
8. Welcomes the adoption of IMO’s Polar Code and; calls for an assessment of itsthe implementation of the Polar Code, as well as of that of the standards and obligations under the SOLAS and MARPOL conventions;
2021/05/11
Committee: AFET
Amendment 226 #

2020/2112(INI)

Motion for a resolution
Paragraph 9
9. Insists that it is crucial that the right of innocent passage of foreign ships through territorial seas bforeign ships' rights under the UNCLOS, in particular Articles 17-21 and 37-41, including the right of innocent passage, the right of transit passage and the pfreserved and regrets all efforts made by the Russian Federation aimed at closing its navigable Arctic redom of navigation, are fully respected in the Arctic; regrets Russia's actions that restrict navigation rights in the Northern Sea Routes;
2021/05/11
Committee: AFET
Amendment 231 #

2020/2112(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Highlights that the EU can contribute its expertise in the area of maritime security and safety, with capabilities and awareness of shipping and navigation; acknowledges that there is already significant cross-border cooperation on search and rescue operations; encourages the EU to enhance its contributions to emergency prevention, preparedness and disaster response, within the Arctic Council, the Arctic Coast Guard Forum and the Barents Euro-Arctic Council;
2021/05/11
Committee: AFET
Amendment 236 #

2020/2112(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Underlines the need for enhancing maritime surveillance and information sharing in the Arctic region; supports further investments in space monitoring and navigation, through the Copernicus and Galileo satellite networks, as well as in-situ information from the Environment Marine Observation and Data Network (EMODnet) in order to improve emergency response, safe navigation and knowledge of climate change;
2021/05/11
Committee: AFET
Amendment 240 #

2020/2112(INI)

Motion for a resolution
Paragraph 9 c (new)
9c. Stresses the strategic importance of the submarine cables of telecommunications in the North Atlantic that provide over 95% of international telecommunications; reiterates the importance of strengthened transatlantic cooperation in protecting and ensuring the respect of the international instruments that govern submarine cables, including UNCLOS;
2021/05/11
Committee: AFET
Amendment 242 #

2020/2112(INI)

Motion for a resolution
Subheading 3 a (new)
Challenges and long-term consequences due to changing climate conditions
2021/05/11
Committee: AFET
Amendment 244 #

2020/2112(INI)

Motion for a resolution
Paragraph 9 d (new)
9d. Underlines the significant changes to the climate and environment of the Arctic region; urges the EU to address global emission mitigation globally and through the Green Deal, as well as by supporting local innovative initiatives relevant to the Arctic;
2021/05/11
Committee: AFET
Amendment 246 #

2020/2112(INI)

Motion for a resolution
Paragraph 9 e (new)
9e. Supports international cooperation efforts on research in the Arctic, such as the conclusion and implementation of the Agreement on Enhancing International Arctic Scientific Cooperation; highlights important contributions from the EU and its Member States in Polar science, which will be necessary to understand the global and local effects of climate change; highlights the EU’s contributions to Arctic research through the Horizon 2020 programme;
2021/05/11
Committee: AFET
Amendment 248 #

2020/2112(INI)

Motion for a resolution
Paragraph 9 f (new)
9f. Welcomes strengthened international cooperation in the area of science, knowledge and innovation with an Arctic dimension and the active EU participation in the cooperation between Arctic ministers of science;
2021/05/11
Committee: AFET
Amendment 265 #

2020/2112(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Underlines that the European Arctic plays an important role for the EU raw material supply, with essential resources, technology and know-how needed to achieve a green transition; notes that most of the EU critical raw materials are located in the Arctic, which, if managed in a proper and sustainable way, could strengthen the EU's strategic independence;
2021/05/11
Committee: AFET
Amendment 269 #

2020/2112(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Welcomes initiatives in the European Arctic on sustainable mining and reducing carbon dioxide emissions through the world’s first fossil free iron production, the HYBRIT project, taking into account an increasing demand for steel and the needs of an increasingly electrifying society;
2021/05/11
Committee: AFET
Amendment 272 #

2020/2112(INI)

Motion for a resolution
Paragraph 11 c (new)
11c. Highlights the importance of trade and investments in digital infrastructure, innovation and economic development in the Arctic with closer cooperation between government, academia and business; calls on the EU to reduce technical barriers of trade, strengthen its cooperation with business representatives, and encourages further support to the Arctic Economic Council (AEC);
2021/05/11
Committee: AFET
Amendment 275 #

2020/2112(INI)

Motion for a resolution
Paragraph 12
12. NotWelcomes the signing and entry into force of the CAOF aAgreement, which represwill implements an ambitious and innovative step towards tackle the problems of the Arctic precautionary approach to fisheries management in the high seas portion of the Central Arctic Ocean, and calls for its swift entry into force;
2021/05/11
Committee: AFET
Amendment 281 #

2020/2112(INI)

Motion for a resolution
Paragraph 13
13. Underlines the importance of taking a precautionary approach to Arctic fisheries, at all stages, and encourages the adoption of a suststresses the importance of fisheries management measures based on the best avainlable, science-based approach; is concerned by the inability oftific advice to ensure long-term sustainability; notes that the Arctic coastal states tohave agreed on how to divide quotas on transboundary fish stocks and expresses its support for existing regional fisheries management organisations; a framework for managing activities in the Arctic, including committing to settle overlapping claims to maritime areas; expresses its support for existing regional fisheries management organisations and global agreements relating to fisheries, shipping and the marine environment; stresses that the EU should be involved in stock management in accordance with the UNCLOS;
2021/05/11
Committee: AFET
Amendment 292 #

2020/2112(INI)

Motion for a resolution
Paragraph 14
14. Is concerned by the persistent intention of the Russian Federation and China to pursue far-reaching and highly impactful exploitation projects without appropriate assessment of their environmental impacts; underlines the importance of abiding to regulatory standards;
2021/05/11
Committee: AFET
Amendment 305 #

2020/2112(INI)

Motion for a resolution
Paragraph 15
15. Reiterates its call to actively involve all the inhabitants of the Arctic, who hold local and practical knowledge, and particularly indigenous peoples, in decision-making processes concerning development choices;
2021/05/11
Committee: AFET
Amendment 308 #

2020/2112(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Acknowledges that there is under- investment in the Arctic region; believes that the EU can contribute to the economic, social and sustainable development to the benefit of the Arctic communities, in particular in energy, transport and infrastructure; considers that the Arctic regions are home to innovative industries essential to a sustainable development; notes the potentials in the on-going process of establishing an Arctic Investment Platform in collaboration with the European Investment Bank (EIB) and European Investment Fund;
2021/05/11
Committee: AFET
Amendment 319 #

2020/2112(INI)

Motion for a resolution
Paragraph 16
16. States that the exploitation of the Arctic’smanagement and sustainable use of Arctic natural resources should benefit local inhabitants; advocates, in this regard, for a stronger link between businesses operating in the Arctic and local communities; recalls the existing international instruments that establish states' jurisdictions, rights and obligations for the management and sustainable use of natural resources and insists that these instruments continue to be fully respected;
2021/05/11
Committee: AFET
Amendment 335 #

2020/2112(INI)

Motion for a resolution
Paragraph 17
17. Recognises the validity ofSupports the three founding pillars of the integrated EU policy for the Arctic, namely climate change, sustainable development and international cooperation and stresses the importance of a balanced EU Arctic policy;
2021/05/11
Committee: AFET
Amendment 339 #

2020/2112(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Highlights that the Northern Dimension serves as a constructive arena for cross-border cooperation, with a successful model for sectorial cooperation, where the EU contributes equally to the joint policy with Russia, Norway and Iceland as well as other observers; welcomes further practical cooperation on a broad range of areas;
2021/05/11
Committee: AFET
Amendment 343 #

2020/2112(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Calls on the EU to continue to contribute to the Arctic Council with expertise and financing by increasing its engagement in the Arctic Council working groups and its various projects;
2021/05/11
Committee: AFET
Amendment 344 #

2020/2112(INI)

Motion for a resolution
Paragraph 17 c (new)
17c. Highlights the cooperation between local and national state and non- state actors within the Barents Euro- Arctic Council (BEAC), where the EU is a full member, on issues with particular relevance to the Barents region;
2021/05/11
Committee: AFET
Amendment 345 #

2020/2112(INI)

Motion for a resolution
Paragraph 17 d (new)
17d. Believes that the Northern region should be viewed as part of the EU’s northern neighbourhood, with increased participation in existing fora;
2021/05/11
Committee: AFET
Amendment 346 #

2020/2112(INI)

Motion for a resolution
Paragraph 17 e (new)
17e. Is committed to a strong and active parliamentary cooperation in the North, such as through the Conference of Parliamentarians of the Arctic Region and the Northern Dimension Parliamentary Forum;
2021/05/11
Committee: AFET
Amendment 347 #

2020/2112(INI)

Motion for a resolution
Paragraph 17 f (new)
17f. Welcomes the creation of an EU Ambassador at large for the Arctic/Special Envoy for Arctic matters in 2017; supports the continuation of the mandate of the EU Special Envoy for the Arctic and commends the work carried out by the EU Special Envoy for the Arctic, Michael Mann, in this mandate;
2021/05/11
Committee: AFET
Amendment 348 #

2020/2112(INI)

Motion for a resolution
Paragraph 17 g (new)
17g. Underlines that there is a need for greater coherence between the EU’s internal and external policies towards the Arctic; calls on the Commission and the European External Action Service to improve inter-service cooperation and coherence between different programmes and investments in the Arctic; further calls on all Commission DGs to integrate Arctic considerations into relevant legislation and policies;
2021/05/11
Committee: AFET
Amendment 354 #

2020/2112(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the updating of the EU’s Arctic policy, which should also reflectith accelerating challenges and increased international attention; believes that the updated EU Arctic policy should reflect these developments, including new security realities; is of the opinion that the EU should engage with local actors and stakeholders which haveith a vested interest in promoting regional stability and prosperity;
2021/05/11
Committee: AFET
Amendment 361 #

2020/2112(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on the Council to create a Working party on Northern Europe and the Arctic;
2021/05/11
Committee: AFET
Amendment 363 #

2020/2112(INI)

Motion for a resolution
Paragraph 19
19. Regrets Russia’s veto of EU observer status in the Arctic Council; supports the EU’s continued de facto membership ofSupports the EU’s application to become a full observer in the Arctic Council and encourages the members of the Arctic Council to positively respond to the EU’s request; underlines, however, that the EU is a de facto observer of the Arctic Council, working groupith the possibility to participate and contribute on equal terms as other observer members;
2021/05/11
Committee: AFET
Amendment 371 #

2020/2112(INI)

Motion for a resolution
Paragraph 20
20. Stresses the need for the EU and its Member States to maintain constructive relations with Arctic states and underlines the need for the EU to keep engaging with the indigenous peoples of the Arctic; invites the EU and its Member States to cooperate more closely on Arctic issues in regional and international fora;
2021/05/11
Committee: AFET
Amendment 383 #

2020/2112(INI)

Motion for a resolution
Paragraph 21
21. Is of the opinion that issues of security in the Arctic should also be part of consultations and cooperation with NATO, which can use the framework of the NATO-Russia Council to resolve misunderstandings, de-escalate tensions and prevent crises; believes that prior notification on military exercises in the Arctic region could increase transparency on military activities in the region;
2021/05/11
Committee: AFET
Amendment 387 #

2020/2112(INI)

Motion for a resolution
Paragraph 22
22. Calls for the Arctic to be included as one of the objectivein the discussions of the EU’s Strategic Compass, similarly to the NATO Reflection Process;
2021/05/11
Committee: AFET
Amendment 26 #

2020/2081(INI)

Motion for a resolution
Recital A
A. whereas despite the fundamental restrictions on basic freedoms and human rights that remain in Belarus, the EU policy of critical engagement with Belarus has produced some results in the form of signed agreements and increased cooperation; whereas future relations between the EU and Belarus will be defined in the Partnership Priorities to be agreed by both sides; whereas progress in EU-Belarus relations is linked to steps towards improving democratic principles, rule of law and fundamental freedoms;
2020/09/02
Committee: AFET
Amendment 53 #

2020/2081(INI)

Motion for a resolution
Recital C
C. whereas the 2020 presidential elections have thus far followed the same pattern as the parliamentary elections and did not meet democratic standards; whereas presidential candidates and demonstrators have been arbitrarily arrested and detained, with alarming cases of violent physical abuses and torture;
2020/09/02
Committee: AFET
Amendment 59 #

2020/2081(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas Belarus' Central Election Commission on 14 July 2020 announced that Viktar Babaryka and Valery Tsapkala had been denied registration as presidential candidates, despite having collected sufficient number of signatures; whereas such exclusions of candidates limited the possibility for the Belarusian people to choose their candidates;
2020/09/02
Committee: AFET
Amendment 117 #

2020/2081(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas in 2016 the EU lifted most sanctions against Belarus, with the exception of an arms embargo and sanctions against four individuals; whereas the European Council in 2020 agreed to impose sanctions against a substantial number of individuals responsible for violence, repression and the falsification of election results;
2020/09/02
Committee: AFET
Amendment 189 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point c
(c) insist that any EU macro-financial support for mitigating the economic consequences of the COVID-19 pandemic is conditional on strict political criteria, notably those linked to democracy and human rights, nuclear safety concerns voiced by some of the EU Member States and threats posed by Belarus-Russia military cooperation, and that adequate measures are taken to combat the virus and protect the population; insist that EU financial support should not be addressed directly to the regime, but should benefit the Belarusian people;
2020/09/02
Committee: AFET
Amendment 228 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point e a (new)
(ea) remind that the EU does not accept the election result and call for a new presidential election to be held freely and fairly, under the supervision of the OSCE and international independent observers;
2020/09/02
Committee: AFET
Amendment 244 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point f
(f) insist that the upcoming constitutional reform is a crucial opportunity to introduce genuine changes which would address the weaknesses of the current political system and shift towards a more democratic political system to enable the Belarusian people to participate more actively in political life;
2020/09/02
Committee: AFET
Amendment 251 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point g
(g) call on the authorities to increase transparency and to remove the arbitrary barriers under which no new political party has been registered in Belarus since 2000 and enable the registration of political parties and public organisations, and to stop the restrictions applied to established organisations;
2020/09/02
Committee: AFET
Amendment 261 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point g a (new)
(ga) insist that the election commissions must be genuinely pluralistic and independent;
2020/09/02
Committee: AFET
Amendment 268 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point g b (new)
(gb) call for an international investigation into crimes committed by the Belarusian law enforcement;
2020/09/02
Committee: AFET
Amendment 292 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point i
(i) condemn the ongoing intimidation and persecution of opposition figures, including presidential hopefuls, civil society activists and independent journalists; condemn the massive withdrawal of accreditations for foreign journalists;
2020/09/02
Committee: AFET
Amendment 320 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point l
(l) monitor the situation of media freedom in Belarus and support independent media outlets and journalists, including those who work on a freelance basis with unregistered foreign media to enable diversity of opinions in the public sphere;
2020/09/02
Committee: AFET
Amendment 328 #

2020/2081(INI)

Motion for a resolution
Paragraph 1 – point l a (new)
(la) supports the decision by the European Council to impose individual sanctions, with regards to recent developments, and calls on Member States to swiftly impose these sanctions and expand the list of individual sanctions against Belarusian officials responsible for human rights abuses, including adding Lukashenko to the list;
2020/09/02
Committee: AFET
Amendment 53 #

2020/2080(INI)

Motion for a resolution
Recital G
G. whereas the COVID-19 pandemic has shown the consequences of the EU not having enough competence when it comes to health care; whereas, by the same analogy, it would makeit makes sense to establish an EU common defence strategy in order to be able to respond to an attack on the EU’s borders and territories as well as strengthen its resilience; whereas PESCO constitutes an important step towards achieving the objective of a common defence;
2020/07/08
Committee: AFET
Amendment 91 #

2020/2080(INI)

Motion for a resolution
Recital K
K. whereas PESCO was originally conceived as an avant-garde, comprising the Member States willing and able to upgrade their cooperation in defence to a new level of ambition; whereas the fact that there are 25 pMS means that PESCO is at risk of being constrained by the ‘lowest common denominator’ approach; whereas the number of pMS indicates a willingness for closer cooperation in security and defence;
2020/07/08
Committee: AFET
Amendment 147 #

2020/2080(INI)

Motion for a resolution
Recital S a (new)
Sa. whereas in order to strengthen European defence capabilities, member states need to ensure sufficient national defence spending as well as invest in cooperative programmes; encourages pMS to increase their defence spending to at least 2 % of GDP;
2020/07/08
Committee: AFET
Amendment 197 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point b
(b) define the Union’s strategic vision and perception of common threats, by, inter alia, implementing the level of ambition defined by the 2016 EU Global Strategy in the ongoing work of the Strategic Compass and, strengthen PESCO’s operational dimension;
2020/07/08
Committee: AFET
Amendment 204 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point c a (new)
(ca) ensure synergy effects and coherence between different EU defence initiatives and operations;
2020/07/08
Committee: AFET
Amendment 214 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point d
(d) encourage the pMS to switch from a strictly national focus on defence to a stronger European one and to undertake structured efforts to increase the use of European collaborative approach as a priority, as no individual pMS alone has the potential to address identified capacity shortfalls;
2020/07/08
Committee: AFET
Amendment 230 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point f
(f) ensure that PESCO is effectively used as an instrument to reach EU defence integration as a common goal, in line with the ambition for greater EU Strategic Autonomy, whilst maintaining close cooperation with NATO and other international partners;
2020/07/08
Committee: AFET
Amendment 332 #

2020/2080(INI)

Motion for a resolution
Paragraph 1 – point w
(w) clarify the rules governing third- party participation in PESCO, taking into consideration the importance of EU decision-making autonomy and full reciprocity, with a case-by-case approach considered to be most beneficial for the EU; to consider the benefits of third-party participation of the United Kingdom after Brexit;
2020/07/08
Committee: AFET
Amendment 17 #

2020/2077(INI)

Draft opinion
Paragraph 1
1. Considersing that placing sustainable products on the internal market should bprogressively become the norm and, calls for a horizontal Sthe Commission to propose a sustainable Pproduct Framework Directive policy framework setting mandatory minimum requirements, for categories of products, to strengthen energy efficiency, durability, interoperability, reparability, upgradability, reusability and recyclability for all products alongside further product- specific requiremen, taking into account the specific characteristics of different categories of products;
2020/09/10
Committee: IMCO
Amendment 22 #

2020/2077(INI)

Draft opinion
Paragraph 1 a (new)
1a. In the light of optimizing existing EU policies' efficiency and their contribution to circular economy, asks the Commission to avoid overlaps and discrepancies among them by considering possible synergies and reviewing on a regular basis the overall consistency among the different policy tools;
2020/09/10
Committee: IMCO
Amendment 27 #

2020/2077(INI)

Draft opinion
Paragraph 2
2. Stresses that voluntary standardisation is key to implementing a sustainable product policy by providing reliable definitions, metrics and tests for characteristics such as durability and reparability; insists that standards be developed in a timely manner and in line with real-use conditions; highlights the need to evaluate the need to reform the standardisation process to ensure more inclusive and transparent participation of all relevant stakeholders, while safeguarding the ability of companies to innovate and develop new technology in a sustainable way, and to consistently mainstream sustainability in standard- setting;
2020/09/10
Committee: IMCO
Amendment 45 #

2020/2077(INI)

Draft opinion
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for mandatory labelling on product durability and reparability, and the development of a repair score, in addition to minimum information requirements; asks for both the legal guarantee rights and the reversed burden of proof rules to be extended based on the lifespan of products, the introduction of direct producer liability, and for legislative measures to ban practices resulting in premature obsolescence; by ensuring access to correct information about the durability and reparability of products; calls for harmonization and standardisation of voluntary labelling on product durability and reparability in close collaboration with business representatives and other relevant stakeholders, in addition to reinforcing the role of the European Ecolabel; asks the Commission to carefully monitor the consequences of the introduction of Directive 2019/771 and explore the role that the producer's commercial guarantee of durability can play in providing more circular products in the review of Directive 2019/771 that is foreseen by 2024;
2020/09/10
Committee: IMCO
Amendment 61 #

2020/2077(INI)

Draft opinion
Paragraph 4
4. Supports the establishment of an EU-wide ‘right to repair’; calls, in this context, for measures to improvide unrestricted and free ace access to necess toary repair and maintenance information and to sfor independent repaire parts to all market participants, to define a mandatory minimum period of time frs, whilst respecting intellectual property and trade secrets legislation; further calls on the Commission to explore the availability of spare parts and/or updates, a maximum time-limit for their delivery, and for repair to be given priority under the legal guarantee regimepotential to prioritise repair over replacement in the remedies hierarchy in the context of the review of Directive2019/771 that is foreseen by 2024, provided it is legally feasible and does not impose disproportionate costs on the seller;
2020/09/10
Committee: IMCO
Amendment 66 #

2020/2077(INI)

Draft opinion
Paragraph 4 a (new)
4a. Is of the opinion that counterfeit products have become a growing and challenging problem damaging the core concept of the circular economy, which lies in the maintenance of the products and materials’ value. In this context, calls on the Commission to address the risks from counterfeit products, which not only pose an important safety threat for the consumers, but also create direct and/or indirect economic losses to manufacturers;
2020/09/10
Committee: IMCO
Amendment 83 #

2020/2077(INI)

Draft opinion
Paragraph 6
6. Underlines the importance of transparent and reliable information on product characteristics for consumers, businesses and market surveillance authorities, and welcomes the Commission’s intention to develop a digital product passport; calls, in this regard, for mandatory information requirements to apply throughout the supply chain, covering not onlysuch aspects such as durability and, reparability, but also social and environmental condition and energy efficiency where relevant; calls for these requirements to be developed in close collaboration with industry and other relevant stakeholders taking into account proportionality and costs for businesses, especially SMEs;
2020/09/10
Committee: IMCO
Amendment 102 #

2020/2077(INI)

Draft opinion
Paragraph 7
7. Calls for a revision of EU public procurement legislation introducing mandatory minimum targets, through defining a certain percentage for procurement based onUnderlines the significant role the public procurement plays in fostering innovative and sustainable products; considers that the benefits of public procurement policies could be further realised if relevant legislation is correctly implemented, harmonised and simplified; encourages the Commission to carry out an in-depth analysis of how to balance environmental, social and ethicalconomic criteria, and introducing a hierarchy of award criteria, together with sector-specific targets. in a sustainable way; calls on the Commission to revise guidance on Public Procurement with the aim to facilitate more sustainable purchasing;
2020/09/10
Committee: IMCO
Amendment 107 #

2020/2077(INI)

Draft opinion
Paragraph 7 a (new)
7a. Given the food packaging’s high impacts on the environment, particularly when littered, calls on the Commission to clarify the concepts of “(over)packaging” and “unnecessary packaging”; asks, therefore, to the Commission to increase the sustainability of food distribution through specific measures; asks the Commission to take into account new business models, such as packaging free shops, and analyse their potential impact on environment and consumers’ convenience;
2020/09/10
Committee: IMCO
Amendment 114 #

2020/2077(INI)

Draft opinion
Paragraph 7 b (new)
7b. Highlights the role of the service sector in increasing accessibility and affordability of repairs, leasing and product-as-a-service; calls on the Commission to evaluate how a more harmonised internal market for services can contribute to the transition to a circular economy;
2020/09/10
Committee: IMCO
Amendment 115 #

2020/2077(INI)

Draft opinion
Paragraph 7 c (new)
7c. Encourages increased standardisation of the processing of secondary raw materials to facilitate the implementation of circular business models; in this context, calls on the Commission to strengthen the internal market for secondary raw materials through targeted efforts to identify and remove barriers to trade; in addition, asks the Commission to improve the enforcement of the Waste Shipment Regulation with the aims to stimulate sourcing of high quality secondary raw materials in the EU as well as optimize resource efficiency;
2020/09/10
Committee: IMCO
Amendment 4 #

2020/2076(INI)

Draft opinion
Paragraph 1
1. Recognises that the Industrial Strategy, prepared prior to the outbreak and published at an early stage of the pandemic in Europe, will require substantial revision, to reflect the change in fundamentals and the new mission of the Von Der Leyen Commission: to return economies across the EU to growth and to strengthen all economies, both north and south and east and west, to the benefit of citizens and businessesCalls on the Commission to review whether the Industrial Strategy needs to be adapted in light of the COVID-19 crisis and its severe implications for the European economy;
2020/06/10
Committee: IMCO
Amendment 26 #

2020/2076(INI)

Draft opinion
Paragraph 3
3. Considers that, based upon the comprehensive evidence base, the Commission’s new Industrial Strategy should prioritise the economic recovery and citizens' welfare and opportunities, so as to underline the common commitment to rebuilding the Single Market and delivering benefits for all Member States and their citizens; believes that any adopted legislation or set of priorities should be preceded by impact assessments, particularly on potential costs and burdens for European companies, and should respect the “One- in, one-out” principle assumed by President Von der Leyen to cut red tape;
2020/06/10
Committee: IMCO
Amendment 55 #

2020/2076(INI)

Draft opinion
Paragraph 6
6. RecogniStresses that the public and private sector will encounter significant financial constraints in the coming yIndustrial Strategy needs to be aligned with the objectives of the Green Deal and that investment in researsch, impacting their ability to support a programme of investment, particularly with regard to the Green Deal objectives; expresses concern about an unequal pace of development, particularly in less developed parts of the EU, where achieving transformation demands far more significant actions; strongly calls on the Commission in its revised Industrial Strategy to adopt a model with flexibility and support, in order that no one is left behindnnovation, 5G, digital technologies and clean energy is a fundamental precondition for economic recovery and future competitiveness; furthermore expresses concern about an unequal pace of development, particularly in less developed parts of the EU;
2020/06/10
Committee: IMCO
Amendment 86 #

2020/2076(INI)

Draft opinion
Paragraph 9
9. Emphasises that the Industrial Strategy should support free trade and the EU’s commitment to working with our global partners; calls on the Commission to clarify how it intends to maintain these commitments while promoting the emergence of global leaders originating in Europe; calls on the Commission to further clarify where it considers autonomy necessary and in the economic interests of the EUensure that any future revisions of rules governing competition and state aid should aim to promote competition also within the internal market;
2020/06/10
Committee: IMCO
Amendment 94 #

2020/2076(INI)

Draft opinion
Paragraph 9 a (new)
9 a. Stresses that the digitalization of the Customs Union and reinforced verification before industrial input materials enter the internal market are necessary to ensure that European standards are respected on all imports;
2020/06/10
Committee: IMCO
Amendment 95 #

2020/2076(INI)

Draft opinion
Paragraph 9 b (new)
9 b. Underlines the need to strengthen European industry to develop new markets for a climate-neutral, circular economy and a fully-functioning market for secondary raw materials;
2020/06/10
Committee: IMCO
Amendment 96 #

2020/2076(INI)

Draft opinion
Paragraph 9 c (new)
9 c. Stresses the importance of the EU enhancing cooperation between the European institutions, Member States, the EIB, key industrial and innovative stakeholders, SMEs and building new partnerships in strategic areas, such as the European Battery Alliance (EBA), creating competitive manufacturing value chains in Europe in line with the Green Deal’s digital and environmental objectives;
2020/06/10
Committee: IMCO
Amendment 103 #

2020/2076(INI)

Draft opinion
Paragraph 10
10. Recalls that the automotive sector is touched by many of the transformations expected in the future economy and has been deeply affected by the impact of the COVID-19 pandemic; considers that the revised Industrial Strategy should foresee particular actions for this sector, including appropriate financial support and investment in electrification and sustainable technology.
2020/06/10
Committee: IMCO
Amendment 111 #

2020/2076(INI)

Draft opinion
Paragraph 10 a (new)
10 a. Highlights the need to develop smart IP policies to uphold and strengthen Europe’s industrial sovereignty and competitiveness and promote a global level playing field, while better combating IP theft.
2020/06/10
Committee: IMCO
Amendment 113 #

2020/2076(INI)

Draft opinion
Paragraph 10 b (new)
10 b. Underlines that new technologies such as Artificial Intelligence (AI), the Internet of Things (IoT) and robotics play a key role, proportional to their potential to contribute to development of industrial processes and innovations, offering benefits for consumers through innovative products and services and for businesses through optimised performance; underlines that the industrial policy should take into account Union’s legal framework for consumer safety and liability should fit in due time technological developments and ensure high level of consumer protection, creation of trust in new technologies and legal certainty for businesses;
2020/06/10
Committee: IMCO
Amendment 72 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 173 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 192 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 196 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 199 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 203 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 225 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 241 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 259 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 308 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 324 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 350 #

2020/2023(INI)

Motion for a resolution
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;
2020/05/28
Committee: AFETINTA
Amendment 7 #

2020/2022(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s intention to introduce a harmonised approach addressing obligations imposed onfor online intermediaries, in order to avoid fragmentation of the internal market while guaranteeing users fundamental rights; stresses that any measure related to fundamental rights should be carefully balanced and take into account the possible impact on the functioning of the internal market, and calls on the Commission to avoid the ‘export’ of national regulations and instead to propose the most efficient and effective solutions for the internal market as a whole without creating new administrative burdens and keeping the digital single market open and competitive;
2020/05/07
Committee: IMCO
Amendment 17 #

2020/2022(INI)

Draft opinion
Paragraph 2
2. States that limited liability provisions as set out in the e-Commerce Directive1 must be maintained and strengthenwhere needed, updated in the Digital Services Act to better protect users and consumers, particularly in order to protect freedom of expression and the freedom to provide services; underlines the importance of these protections to the growth of European SMEscompanies, SMEs and microbusinesses in particular; _________________ 1 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), OJ L 178, 17.7.2000, p. 1.
2020/05/07
Committee: IMCO
Amendment 31 #

2020/2022(INI)

Draft opinion
Paragraph 3
3. Recognises that online intermediaries, including microcompanies, SMEs and large players have differing capabilities with regard to the moderation of content; warns that overburdening businesses with disproportionate new obligations could further hinder the growth of SMEs and require recourse to automatic filtering tools, which may often lead to the removal of legal content;
2020/05/07
Committee: IMCO
Amendment 39 #

2020/2022(INI)

Draft opinion
Paragraph 5
5. Recalls the fact that mdisinformativeon and harmful content is not always illegal in every Member State; calls, therefore, for the establishment of a well-defined notice- and-takedown process; supports an intensive dialogue between authorities and relevant stakeholders with the aim of deepening the soft law approach based on good practices such as the EU-wide Code of Practice on Disinformation,action mechanism; Believes that such a process adding requirements for platforms to take any measures regarding the content they host must take note of the significant differences between digital services and be proportionate to their scale of reach and operational capacities so as to avoid unnecessary regulatory burdens for the platforms and any restrictions of fundamental rights as a result, such as any restriction on the freedom of expression; Supports greater cooperation between Member States, competent authorities and platforms with the aim of developing and improving soft law approaches in order to further tackle mdisinformation;
2020/05/07
Committee: IMCO
Amendment 55 #

2020/2022(INI)

Draft opinion
Paragraph 6
6. Calls for the introduction of appropriate safeguards, due process obligations and counter- notice toolprocedures to allow content owners to defend their rights adequately and in a timely manner when notified of any takedown; underlines its view that delegating the responsibility to set boundaries on freedom of speech to private companies is unacceptable and creates risks for both citizens and businesses, neither of which are qualified to take such decisions.; Believes that the removal of content should be followed up by law enforcement where needed;
2020/05/07
Committee: IMCO
Amendment 23 #

2020/2019(INL)

Draft opinion
Paragraph 2
2. Welcomes efforts to bring transparency to advertising online and considers that further clarity and guidance is needed as regards professional diligence and obligations for platforms; believes that where advertisers and intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the content of advertisements, in order to allow for consumer redress in the case of false or misleading advertisements;
2020/05/07
Committee: IMCO
Amendment 42 #

2020/2018(INL)

Motion for a resolution
Recital D
D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomings of the current regulatory framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the futureinadequate compliance with the consumer protection acquis in some areas, such as passenger rights;
2020/05/18
Committee: IMCO
Amendment 65 #

2020/2018(INL)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the Commission, in drafting the Digital Services Act, to take into account legislation covering digital services which has not yet taken effect, such as Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services and Directive 2019/790 on copyright and related rights in the digital single market and amending Directives 96/9/EC and 2001/29/EC;
2020/05/18
Committee: IMCO
Amendment 68 #

2020/2018(INL)

Motion for a resolution
Paragraph 1 b (new)
1b. Stresses that inadequate compliance with current legislation in the digital sector contributes to fragmentation of the internal market and creates uncertainty for consumers; calls on the Commission to take steps to improve compliance with legislation in the digital economy in parallel with the development of new legislation;
2020/05/18
Committee: IMCO
Amendment 70 #

2020/2018(INL)

Motion for a resolution
Paragraph 1 c (new)
1c. Calls on the Commission to propose the Digital Services Act as a regulation to reduce the risk of fragmentation of the digital single market;
2020/05/18
Committee: IMCO
Amendment 102 #

2020/2018(INL)

Motion for a resolution
Paragraph 4
4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to increase exchanges of services between Member States, promote the growth of European small- scale platforms, small and medium enterprises (SMEs) and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;
2020/05/18
Committee: IMCO
Amendment 122 #

2020/2018(INL)

Motion for a resolution
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties – consumers and businesses – is needed; considers that social protection and social rights of workers, especially ofmployed by platforms or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory frameworkregulated independently by Member States;
2020/05/18
Committee: IMCO
Amendment 167 #

2020/2018(INL)

Motion for a resolution
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites –' because of their, have a wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices – bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.. calls on the Commission, therefore, to pay particular attention to fundamental rights such as freedom of expression and freedom of the press in drafting the Digital Services Act;
2020/05/18
Committee: IMCO
Amendment 210 #

2020/2018(INL)

Motion for a resolution
Paragraph 12
12. Stresses that this problem is aggravated by the fact that oftendifficulties in establishing the identity of these companies cannot be establishedresponsible for irregularities;
2020/05/18
Committee: IMCO
Amendment 219 #

2020/2018(INL)

Motion for a resolution
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be substantially strengthenedtrengthened in parallel with measures to increase compliance with existing rules;
2020/05/18
Committee: IMCO
Amendment 229 #

2020/2018(INL)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to require service providers to verify the information and identity of the business partnerundertakings with whomich they have a contractual commercial relationship, and regularly conduct random monitoring to ensure that the information they provide is accurate and up-to-date; stresses the importance of proportionality in the formulation of such legislation, so as not to harm the competitiveness of SMEs and microenterprises;
2020/05/18
Committee: IMCO
Amendment 244 #

2020/2018(INL)

Motion for a resolution
Paragraph 15
15. Calls on the Commission to introduce proportionate, enforceable obligations on internet service providers aimed at increasing transparency and information; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;
2020/05/18
Committee: IMCO
Amendment 261 #

2020/2018(INL)

Motion for a resolution
Paragraph 16
16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out thatcalls on the Commission to assess the need for further action to address pressing consumer protection concerns about profiling, targeting and personalised pricing cannot be addressed by transparency obligations and left to consumer choice alone; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).
2020/05/18
Committee: IMCO
Amendment 277 #

2020/2018(INL)

Motion for a resolution
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and serviceensure that AI services used in high-risk sectors such as healthcare and transport are marked by a high standard of security, transparency and data protection by introducing risk assessment and screening systems;
2020/05/18
Committee: IMCO
Amendment 292 #

2020/2018(INL)

Motion for a resolution
Paragraph 18
18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it should be possible, in situations where it is proportionate and relevant, for consumers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;
2020/05/18
Committee: IMCO
Amendment 417 #

2020/2018(INL)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to remedy the current legal loophole which allows suppliers established outside the Uniontake measures to improve compliance with legislation by platforms established outside the Union and remedy the current legal loophole which allows these platforms to sell products online to European consumers which do not comply with Union rules on safety and consumer protection, without being sanctioned or liable for their actions and leaving consumers with no legal means to enforce their rights or being compensated by any damages;
2020/05/18
Committee: IMCO
Amendment 455 #

2020/2018(INL)

Motion for a resolution
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by the existing competition law enforcement alone;
2020/05/18
Committee: IMCO
Amendment 563 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 4
The Digital Services Act should maintain the possibility for Member States to set a higher level of consumer protection and pursue legitimate public interest objectives in accordance with EU lawbe proposed as a regulation to ensure the highest possible degree of harmonisation and to reduce the risk of fragmentation of the internal market;
2020/05/18
Committee: IMCO
Amendment 566 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 6
The Digital Services Act should also clarify in a coherent way how its provisions interact with recently adopted rules on geo-blocking, product safety, and consumer protection among otherslinks between platforms and undertakings, market surveillance and consumer protection among others; future initiatives such as the regulation of AI should also be taken into account;
2020/05/18
Committee: IMCO
Amendment 576 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 2
- clarify the nature of the content hosting intermediaries (text, images, video, or audio content) on the one hand, and commercial online marketplaces (selling physical goods or services) on the other;
2020/05/18
Committee: IMCO
Amendment 607 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; by obtaining sufficient information to be able to hold them liable for breaches of applicable consumer legislation. that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;conduct regular spot checks to detect inaccurate data.
2020/05/18
Committee: IMCO
Amendment 615 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- that measure should apply only to contractual business-to-business relationships and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; the new general information requirements should review and further enhance Articles 5 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).
2020/05/18
Committee: IMCO
Amendment 638 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
- to specify clearly and unambiguously in their contract terms and general conditions the exactmain parameters of their AI systems and how they can affect the choice or behaviour of their users and the reasons and importance of those parameters as opposed to other parameterdetermining ranking and the reasons for the relative importance of these main parameters as compared to other parameters, in accordance with the Regulation on platform-to-business relations.
2020/05/18
Committee: IMCO
Amendment 663 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1
- establish comprehensive rules on non-discrimination, transparency, oversight and risk assessment of algorithms for AI- driven services in high-risk sectors in order to ensure a higher level of consumer protection;
2020/05/18
Committee: IMCO
Amendment 777 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 – introductory part
The notice-and-action mechanisms should be transparent and available to any interested party; to that end, online intermediaries, except SMEs and microenterprises, should be obliged to publish annual reports with information on:
2020/05/18
Committee: IMCO
Amendment 854 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;
2020/05/18
Committee: IMCO
Amendment 913 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 5
The central regulator should report to the Union institutions and maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.deleted
2020/05/18
Committee: IMCO
Amendment 20 #

2020/2017(INI)

Draft opinion
Paragraph 1 a (new)
1a. Welcomes the use of AI-based products in education and the potential of technology to make high-quality education available to all EU pupils, especially in sparsely populated and socio- economically vulnerable areas;
2020/04/15
Committee: IMCO
Amendment 53 #

2020/2017(INI)

Draft opinion
Paragraph 3
3. ExpStresses its concern that schools and other public education providers are becoming increasingly dependent on educational technology services, including AI applications, provided by just a few technology companies; stresses that this may lead to unequal access to data and limit competition by restricting consumer choice; calls for this data to be shared with the relevant public authorities so it can be used in the development of curricula and pedagogical practices (in particular since these services are purchased with public money or offered to public education providers for free, and because education is a common good)how important it is that the market for technological services used in education should be characterised by free competition and diversity of providers; stresses that this may lead to unequal access to data and limit competition by restricting consumer choice; welcomes the use of data from AI applications used in the public sector in the development of curricula and pedagogical practices;
2020/04/15
Committee: IMCO
Amendment 89 #

2020/2017(INI)

Draft opinion
Paragraph 5
5. Underlines the unreliability offact that the current automated means of removing illegal content from online platforms on which audiovisual content is shared; calls for a ban on generalised moderation and automated content filters are not always sufficient;
2020/04/15
Committee: IMCO
Amendment 100 #

2020/2017(INI)

Draft opinion
Paragraph 6
6. Calls for recommendation algorithmStresses the importance of access to consumer information for a system of recommendations and personalised marketing on audiovisual platforms, including video streaming platforms and news platforms, to be transparent, in order to give consumers insight into these processes and ensure that personalised services are not discriminatory; stresses the need to guarantee and properly implement the right of users to; stresses the need to guarantee and properly implement the right of users to opt out from recommended and personalised services; stresses that measures to ensure transparency and the possibility of opting out from recommended and personalised serviceof personal recommendations must be proportionate and take into account implementation costs for SMEs.
2020/04/15
Committee: IMCO
Amendment 20 #

2020/2016(INI)

Draft opinion
Paragraph 1
1. Considers that AI used by police and judicial authorities has to be categorised as high-risk, given that the role of these authorities is to defend the public interest; considers that the EU should take the lead in laying down basic rules on the development and use of AI to ensure the same high level of consumer protection across the EU while encouraging innovation and minimising regulatory burdens on businesses, especially SMEs;
2020/06/17
Committee: IMCO
Amendment 33 #

2020/2016(INI)

Draft opinion
Paragraph 2
2. Stresses that AI should help to ease the administrative burden on public authorities, without ever replacing human decisions, and that AI systems should rely on human oversight;
2020/06/17
Committee: IMCO
Amendment 41 #

2020/2016(INI)

Draft opinion
Paragraph 3
3. Considers that such tools should be released as open source software under the public procurement procedure, and that a fundamental rights audit should be part of a prior conformity assessment; believes that – while ensuring the respect of EU law and values and the applicable data protection rules, and without jeopardising investigations or criminal prosecutions – training data must be open datashould be publicly available when relevant and proportionate;
2020/06/17
Committee: IMCO
Amendment 60 #

2020/2016(INI)

Draft opinion
Paragraph 6
6. Recalls the high risk of abuse of certain types of AI, including facial recognition technologies in public spaces, automated behaviour detection and profiling to divide people into risk categories at borders, and calls on the Commission to ban them; carefully monitor and evaluate the use of these technologies;
2020/06/17
Committee: IMCO
Amendment 1 #

2020/2014(INL)

Draft opinion
Recital A
A. whereas Artificial Intelligence (AI) playsemerging digital technologies, such as Artificial Intelligence (AI), the Internet of Things and of Services (IoT/IoS) or robotics, play and will continue to play an increasing role in our everyday lives and hasve the potential to contribute to the development of innovations in many sectors and offer benefits for consumers through innovative products and services and, for businesses, through optimised performance;
2020/05/27
Committee: IMCO
Amendment 8 #

2020/2014(INL)

Draft opinion
Recital A b (new)
Ab. whereas the Union's existing safety and liability framework might need to be adapted, as highlighted by the Commission's Report on the safety and liability implications for Artificial Intelligence, the Internet of Things and robotics;
2020/05/27
Committee: IMCO
Amendment 9 #

2020/2014(INL)

Draft opinion
Recital A c (new)
Ac. whereas product safety and product liability are two complementary mechanisms pursuing the same policy goal of a functioning single market for goods and services, and this Opinion suggests possible adjustments to the Union liability frameworks in light of the increased importance of emerging digital technologies;
2020/05/27
Committee: IMCO
Amendment 11 #

2020/2014(INL)

Draft opinion
Recital B
B. whereas the use and development of AI applications in productartificial intelligence and other emerging digital technologies might also present challenges to the existing legaliability frameworks on products and reduce their effectiveness, thus potentially undermining consumer trust and welfare due to their specific characteristics;
2020/05/27
Committee: IMCO
Amendment 15 #

2020/2014(INL)

Draft opinion
Recital C
C. whereas robust liability mechanisms remedying damage contribute to better protection of consumers, creation of trust in new technologies integrated in products and acceptance for innovationitizens and consumers from harm, creation of trust in emerging digital technologies while ensuring legal certainty for businesses and enabling them to innovate;
2020/05/27
Committee: IMCO
Amendment 21 #

2020/2014(INL)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s aim, which is to make the Union legal framework fit the new technological developments, ensuring a high level of protection for consumers from harm caused by new technologies while maintaining the balance with the needs of technological innovation;deleted
2020/05/27
Committee: IMCO
Amendment 35 #

2020/2014(INL)

Draft opinion
Paragraph 3
3. Emphasises that any revision of the existing liability framework should aim to further harmonise liability rules in order to avoid fragmentation of the single market; asks the Commission to assess whether a Regulation on general product liability could contribute to this aim; stresses, however, the importance of ensuring that Union regulation remains limited to clearly identified problems for which feasible solutions exist and leaves room for further technological developments;
2020/05/27
Committee: IMCO
Amendment 48 #

2020/2014(INL)

Draft opinion
Paragraph 5
5. Urges the Commission to scrutinise whether it is necessary to include software inclarify the definition of ‘products’ under the Product Liability Directive and to update concepts such, by determining whether digital content and digital services fall under its scope and to consider adapting such concepts as ‘producer’, ‘damage’ and ‘defect’, and if so, to what extent; asks the Commission to also examine whether the product liability framework needs to be revised in order to protect injured parties efficiently as regards products that are purchased as a bundle with related services;
2020/05/27
Committee: IMCO
Amendment 55 #

2020/2014(INL)

Draft opinion
Paragraph 5 a (new)
5a. Asks the Commission to consider the liability of online marketplaces by qualifying them as 'supplier' under the Product Liability Directive;
2020/05/27
Committee: IMCO
Amendment 56 #

2020/2014(INL)

Draft opinion
Paragraph 5 b (new)
5b. Calls on the Commission to consider, in close coordination with corresponding possible adjustments to the Union safety framework, whether the notion of 'time when the product was put into circulation' currently used by the Product Liability Directive, is fit for purpose for emerging digital technologies, taking into account that they may be changed or altered under the producer's control after they have been placed on the market;
2020/05/27
Committee: IMCO
Amendment 57 #

2020/2014(INL)

Draft opinion
Paragraph 5 c (new)
5c. Asks the Commission to consider holding a producer of specific emerging digital technologies liable for unforeseeable defects, in cases where it was predictable that unforeseen developments might occur;
2020/05/27
Committee: IMCO
Amendment 59 #

2020/2014(INL)

Draft opinion
Paragraph 6
6. Stresses the importance of ensuring a fair liability system thatand efficient allocation of loss in order to attribute liability in the most appropriate way; underlines the relevance of makesing it possible for consumervictims to prove that a defect in a product caused damage, even if third party software is involved or the cause of a defect is hard to trace, for example when products are part of a complex interconnected Internet of Things environment;
2020/05/27
Committee: IMCO
Amendment 64 #

2020/2014(INL)

Draft opinion
Paragraph 7
7. Calls on the Commission to evaluate whether and to what extent the burden of proof should be reversedconsider adapting the rules governing the burden of proof for harms caused by emerging digital technologies, in order to empower harmed consumers while preventing abuse and providing legal clariertainty for businesses;
2020/05/27
Committee: IMCO
Amendment 77 #

2020/2014(INL)

Draft opinion
Paragraph 8
8. Highlights the need for a risk based approach to AI within the existing liability framework, which takes into account different levels of risk for consumers in specific sectors and uses of AI; underlines that such an approach, that might encompass two or more levels of risk, should be based on clear criteria and provide for legal clariertainty;
2020/05/27
Committee: IMCO
Amendment 81 #

2020/2014(INL)

Draft opinion
Paragraph 9
9. Asks the Commission to carefully assess the advantages and disadvantages of introducing a strict liability model for products containing AI applicationintroduction of a separate yet complementary strict liability regime for AI systems presenting a high risk to cause harm or damage to one or more persons in a manner that is rand consider it only in specific high risk areas; underlines the need to strictly respect the proportionality principle if this approach is retainedom and impossible to predict in advance, taking into account its likely impact on the protection of citizens and consumers from harm, the capacity of businesses - particularly SMEs - to innovate, the coherence of the Union's safety and liability framework and on the principles of subsidiarity and proportionality.
2020/05/27
Committee: IMCO
Amendment 44 #

2020/2012(INL)

Draft opinion
Paragraph 5
5. Believes that consumers should be adequately informed in a timely, impartial, easily-readable, standardised and accessible manner about the existence, process, rationale, reasoning and possible outcome of algorithmic systems, about how to reach a human with decision- making powers, and about how the system’s decisions can be checked, meaningfully contested and corrected; stresses the importance of proportionality in the development of a transparency framework to avoid unnecessary burdens on SMEs operating in low-risk sectors and to protect intellectual property rights;
2020/05/19
Committee: IMCO
Amendment 61 #

2020/2012(INL)

Draft opinion
Paragraph 7
7. Stresses that where public money contributes to the development or implementation of an algorithmic system, the code, the generated data -as far as it is non-personal- and the trained model should be public by default, to enable transparency and reuse, among other goals, to maximise the achievement of the Single Market, and to avoid market fragmentation;deleted
2020/05/19
Committee: IMCO
Amendment 79 #

2020/2012(INL)

Draft opinion
Paragraph 8
8. Underlines the importance of ensuring that the interests of marginalised and vulnerable consumers and groups are adequately taken into account and represented in any future regulatory framework; notes that for the purpose of analysing the impacts of algorithmic systems on consumers, access to data should be extended to appropriate parties notably independent researchers, media and civil society organisations, while fully respecting Union data protection, intellectual property rights and privacy law; recalls the importance of training and giving basic skills to consumers to deal with algorithmic systems in order to protect them from potential risks and detriment of their rights;
2020/05/19
Committee: IMCO
Amendment 120 #

2020/2012(INL)

Draft opinion
Paragraph 13
13. Calls foron the establishment of a European market surveillance board for algorithmic systems, to ensure a level playing field and to avoid fragmentation of the internal market, to decide with a qualified majority and by secret vote in case of different decisions on algorithmic systems used in more than one Member State, as well as at the request of the majority of the national authoritiesCommission to ensure that Union legislation related to algorithmic systems is enforced in all Member States to avoid fragmentation of the internal market;
2020/05/19
Committee: IMCO
Amendment 2 #

2020/2007(INI)

Draft opinion
Recital A a (new)
Aa. whereas the Professional Qualifications Directive facilitates the intra-EU labour mobility and the Services Directive realises the free movement of services, but the full potential of the single market for services and professionals can still be further improved and developed and the barriers for the free movement of services and professionals removed;
2020/10/30
Committee: IMCO
Amendment 8 #

2020/2007(INI)

Draft opinion
Recital A b (new)
Ab. whereas the COVID-19 crisis has caused an unprecedented economic crisis, and unlocking the full potential of the single market as well as enhancing the free movement of workers and services by making full use of the mutual recognition of professional qualifications and freedom to provide services under the Services Directive can facilitate the recovery process and put the economy back on track after the crisis;
2020/10/30
Committee: IMCO
Amendment 11 #

2020/2007(INI)

Draft opinion
Recital A c (new)
Ac. whereas different regulatory choices at both the European and national level, imperfect and inadequate transposition of relevant directives, excessive requirements, lack of clear rules and fragmentation create the obstacles to fully benefit from the free movement of workers and services;
2020/10/30
Committee: IMCO
Amendment 13 #

2020/2007(INI)

Draft opinion
Recital A d (new)
Ad. whereas in March 2020 the Commission has issued the Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak, which sets out the principles for an integrated approach to effective internal borders management to protect public health while preserving the integrity of the internal market;
2020/10/30
Committee: IMCO
Amendment 15 #

2020/2007(INI)

Draft opinion
Recital A e (new)
Ae. whereas the Council has adopted a recommendation on a coordinated approach to the restrictions of free movement in response to the COVID-19 pandemic, which aims at increasing the transparency and predictability of free movement across the EU for both citizens and enterprises;
2020/10/30
Committee: IMCO
Amendment 18 #

2020/2007(INI)

Draft opinion
Paragraph 1
1. Highlights that, in the present health crisis, free movement of workers in the field of health services clearly demonstrates the benefits of the PQD; recalls that the aim of PQD is to facilitate the professionals to provide their services across Europe whilst guaranteeing an improved level of protection for consumers and citizens, which is particularly important during the pandemic crisis,
2020/10/30
Committee: IMCO
Amendment 21 #

2020/2007(INI)

Draft opinion
Paragraph 1 a (new)
1a. underlines the great importance of free movement of workers and services in overcoming the recession and increased unemployment rates caused by the COVID-19 pandemic, reiterates that further removal of the existing barriers within the single market is essential in order to fully benefit from its potential; regrets that the Recovery Plan proposed by the Commission lacks ambition when it comes to the movement of workers and services and fails to fully recognise its importance as a tool for economic recovery;
2020/10/30
Committee: IMCO
Amendment 41 #

2020/2007(INI)

Draft opinion
Paragraph 3
3. Stresses that while it is a competence of Member States to regulate a certain profession, they must respect the limits of the principles of non- discrimination and proportionality, as explicitly stipulated in the Proportionality Test Directive; calls on the Commission to provide structured assistance and issue guidance to Member States on how to conduct ex-ante proportionality assessments of new national regulation of services according to the Proportionality Test Directive;
2020/10/30
Committee: IMCO
Amendment 45 #

2020/2007(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls on the Member States to reduce bureaucratic obstacles, and, as quickly as possible, make it possible to obtain electronically the documents needed for the cross-border provision of services as well as facilitate the cross- border activities of workers in regulated professions;
2020/10/30
Committee: IMCO
Amendment 48 #

2020/2007(INI)

Draft opinion
Paragraph 3 b (new)
3b. Takes into consideration that the harmonisation inspired by the Professional Qualifications Directive gained success within several professions; further proclaims that Member States should reconsider and coordinate rules governing entry and exercise requirements in relation to specific activities or professions;
2020/10/30
Committee: IMCO
Amendment 51 #

2020/2007(INI)

Draft opinion
Paragraph 3 c (new)
3c. Stresses, that, according to the Single Market Scoreboard 2020, further improvements are needed to ensure the free movement of professionals, especially in the field of recognising professional qualifications;
2020/10/30
Committee: IMCO
Amendment 66 #

2020/2007(INI)

Draft opinion
Paragraph 5
5. Encourages the Commission to fully and effectively enforce existing rules; calls for alternative resolution mechanisms to be assessed and for infringement procedures to be applied swiftly and rigorously whenever breaches of relevant legislation are identified or disproportionate burdens introduced;
2020/10/30
Committee: IMCO
Amendment 68 #

2020/2007(INI)

Draft opinion
Paragraph 5 a (new)
5a. Encourages Member States to work together in order to guarantee the continuity of work of cross-border workers during the pandemic crisis, taking into account their specific situation and in order to preserve the free movement of services and workers in regulated professions within the internal market;
2020/10/30
Committee: IMCO
Amendment 71 #

2020/2007(INI)

Draft opinion
Paragraph 5 b (new)
5b. Reiterates that Member States should follow the Council Recommendation on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic, adopted on 13th October 2020 in order to avoid any disruption in the internal market and free movement of workers and services;
2020/10/30
Committee: IMCO
Amendment 73 #

2020/2007(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission to improve tools such as the Points of Single Contact and the Single Digital Gateway where appropriate, to provide guidelines to help Member States streamline procedures, in particular for SMEs; calls and on the Member States to use such tools to provide workers, consumers and businesses with prompt, accurate and easily accessible information regarding their rights and obligations related to free movement within the single market.
2020/10/30
Committee: IMCO
Amendment 78 #

2020/2007(INI)

Draft opinion
Paragraph 6 a (new)
6a. Recalls that cross-border health care services fall within the ambit of freedom to provide services as stated by the Court of Justice of the EU; notes that Cross-border Health Care Directive was adopted also on basis of Article 114 TFEU; regrets that Cross-border Health Care Directive creates additional obstacles to provision of cross-border health care services when compared to the case-law of the Court of Justice applying the Treaty provisions on free movement of services; underlines the necessity that these additional obstacles are removed, underlines that a better coordination and promotion of best practices between Member States and cross-border mobility of health professionals are beneficial and particularly important during the COVID- 19 pandemic;
2020/10/30
Committee: IMCO
Amendment 394 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 5
5. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This shall also apply to core platform services of the gatekeepers that fall out of scope of this Regulation, pursuant to the assessment referred to in Article 3 (7). This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
2021/07/09
Committee: IMCO
Amendment 627 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to end users acquired viaor otherwise communicate with end users within or outside the core platform service, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;
2021/07/09
Committee: IMCO
Amendment 1191 #

2020/0374(COD)

Proposal for a regulation
Article 38 – paragraph 2
2. The evaluations shall establish whether additional rules, including regarding the list of core platform services laid down in point 2 of Article 2, the thresholds for designation of gatekeepers laid down in Article 3, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
2021/07/09
Committee: IMCO
Amendment 96 #

2020/0361(COD)

Proposal for a regulation
Article 8 a (new)
Article 8 a Injunction orders Member States shall ensure that recipients of a service are entitled under their national law to seek an injunction order as an interim measure for removing manifestly illegal content.
2021/07/15
Committee: FEMM
Amendment 97 #

2020/0361(COD)

Proposal for a regulation
Article 10 a (new)
Article 10 a Point of contact for recipients of a service 1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means, with the recipients of their services. The means of communication shall be user-friendly and easily accessible. 2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact for recipients.
2021/07/15
Committee: FEMM
Amendment 120 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) decisions to remove or not to remove or disable access to the information;
2021/07/15
Committee: FEMM
Amendment 121 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) decisions to suspend or terminate or not to suspend or terminate the provision of the service, in whole or in part, to the recipients;
2021/07/15
Committee: FEMM
Amendment 122 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) decisions to suspend or terminate or not to suspend or terminate the recipients’ account.
2021/07/15
Committee: FEMM
Amendment 186 #

2020/0361(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) Moreover, complex national regulatory requirements, fragmented implementation and insufficient enforcement of legislation such as Directive 2000/31/EC have contributed to high administrative costs and legal uncertainty for intermediary services operating on the internal market, especially micro, small and medium sized companies.
2021/07/08
Committee: IMCO
Amendment 208 #

2020/0361(COD)

Proposal for a regulation
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targedirecting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targedirecting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
2021/07/08
Committee: IMCO
Amendment 213 #

2020/0361(COD)

Proposal for a regulation
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provisionfully harmonises the rules applicable to intermediary services in the internal market with the objective to ensure a safe and trusted online environment, effective protection of fundamental rights and a favourable business climate. Accordingly, Member States should not adopt or maintain additional national requirements on those matters falling within the scope of this Regulation. This does not preclude the possibility to apply other national legislation applicable to providers of intermediary services, in particular Directive 2000/31/ECaccordance with Union law, including Directive 2000/31/EC, in particular its Article 3, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. . __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
2021/07/08
Committee: IMCO
Amendment 226 #

2020/0361(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that conceptFor the purpose of this Regulation the concept of “illegal content” should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relateit is not in compliance with Union law as it refers to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
2021/07/08
Committee: IMCO
Amendment 249 #

2020/0361(COD)

Proposal for a regulation
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. Services, such as internet infrastructure services or cloud service providers, which are provided at the request of parties other than the content providers and only indirectly benefitting the latter, should not be covered by the definition of online platforms. __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
2021/07/08
Committee: IMCO
Amendment 257 #

2020/0361(COD)

Proposal for a regulation
Recital 17
(17) The relevant rules of Chapter II should only establish when the provider of intermediary services concerned cannot be held liable in relation to illegal content provided by the recipients of the service. Those rules should notby no means be understood to provide a positive basis for establishing when a provider can be held liable, which is for the applicable rules of Union or national law to determine. Furthermore, the exemptions from liability established in this Regulation should apply in respect of any type of liability as regards any type of illegal content, irrespective of the precise subject matter or nature of those laws.
2021/07/08
Committee: IMCO
Amendment 278 #

2020/0361(COD)

Proposal for a regulation
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expedwitihouslt undue delay to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
2021/07/08
Committee: IMCO
Amendment 281 #

2020/0361(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) The exemption of liability should not apply where the recipient of the service is acting under the authority or the control of the provider of a hosting service. In particular, where the provider of the online platform that allows consumers to conclude distance contracts with traders does not allow traders to determine the basic elements of the trader-consumer contract, such as the terms and conditions governing such relationship or the price, it should be considered that the trader acts under the authority or control of that platform.
2021/07/08
Committee: IMCO
Amendment 282 #

2020/0361(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders as a functionality of their service, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. This is the case where the online platform operator fails to clearly display the identity of the trader following this Regulation. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer. In particular, it is relevant whether the online platform operator withholds such identity or contract details until after the conclusion of the trader- consumer contract, or is marketing the product or service in its own name rather than using the name of the trader who will supply it.
2021/07/08
Committee: IMCO
Amendment 291 #

2020/0361(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) Consumers should be able to safely purchase products and services online, irrespective of whether a product or service has been produced in the Union. For that reason, traders from third countries should establish a legal representative in the Union to whom claims regarding product safety could be addressed. Providers of intermediary services from inside the Union as well as from third countries should ensure compliance with product requirements set out in Union law.
2021/07/08
Committee: IMCO
Amendment 310 #

2020/0361(COD)

Proposal for a regulation
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, cloud infrastructure services or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
2021/07/08
Committee: IMCO
Amendment 315 #

2020/0361(COD)

Proposal for a regulation
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern specific and properly identified monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content.
2021/07/08
Committee: IMCO
Amendment 331 #

2020/0361(COD)

Proposal for a regulation
Recital 31
(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute illegal content in other Member States concerned and, where relevant, take account of the relevant rules of Union law or international law and the interests of international comity. Since intermediaries should not be required to remove information which is legal in their country of establishment, national and Union authorities should be able to order the blocking of content legally published outside the Union only for the territory of the Union where Union law is infringed and for the territory of the issuing Member State where national law is infringed.
2021/07/08
Committee: IMCO
Amendment 346 #

2020/0361(COD)

Proposal for a regulation
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should target illegal content and aim in particular to guarantee different public policy objectives such as consumer protection, the safety and trust of the recipients of the service, including minors and vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
2021/07/08
Committee: IMCO
Amendment 353 #

2020/0361(COD)

Proposal for a regulation
Recital 35
(35) In that regard, it is important that the due diligence obligations are adapted to the type and nature and size of the intermediary service concerned. This Regulation therefore sets out basic obligations applicable to all providers of intermediary services, as well as additional obligations for providers of hosting services and, more specifically, online platforms and very large online platforms. To the extent that providers of intermediary services may fall within those different categories in view of the nature of their services and their size, they should comply with all of the corresponding obligations of this Regulation. Those harmonised due diligence obligations, which should be reasonable and non- arbitrary, are needed to achieve the identified public policy concerns, such as safeguarding the legitimate interests of the recipients of the service, addressing illegal practices and protecting fundamental rights online.
2021/07/08
Committee: IMCO
Amendment 358 #

2020/0361(COD)

Proposal for a regulation
Recital 36 a (new)
(36a) Providers of intermediary services should also establish a single point of contact for recipients of services, allowing rapid, direct and efficient communication.
2021/07/08
Committee: IMCO
Amendment 362 #

2020/0361(COD)

Proposal for a regulation
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. Obligations related to terms and conditions should not oblige a provider of an intermediary service to disclose information that will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets or intellectual property rights.
2021/07/08
Committee: IMCO
Amendment 372 #

2020/0361(COD)

Proposal for a regulation
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or, small or medium sized enterprises as defined in Commission Recommendation 2003/361/EC.40 __________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2021/07/08
Committee: IMCO
Amendment 374 #

2020/0361(COD)

Proposal for a regulation
Recital 39 a (new)
(39a) Within the scope of the Digital Services Act, it is of utmost importance to ensure the balance between tackling particular risks of illegal content and guarantee transparency for users, while not completely banning recommender- systems in online advertisement and protecting business secrets and intellectual property, because consumer protection also includes that the diversity of the supply is ensured.
2021/07/08
Committee: IMCO
Amendment 376 #

2020/0361(COD)

Proposal for a regulation
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place easily accessible, comprehensive and user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action')following the applicable law ('action'). Such mechanisms should be clearly visible on the interface of the hosting service and easy to use. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation. Providers of hosting services could, as a voluntary measure, conduct own-investigation measures to prevent content which has previously been identified as illegal from being disseminated again once removed. The obligations related to notice and action should by no means impose general monitoring obligations.
2021/07/08
Committee: IMCO
Amendment 385 #

2020/0361(COD)

Proposal for a regulation
Recital 41
(41) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non- discrimination of parties affected by illegal content. Providers of hosting services should act upon notices without undue delay, taking into account the type of illegal content that is being notified and the urgency of taking action. The provider of hosting services should inform the individual or entity notifying the specific content of its decision without undue delay after taking a decision whether to act upon the notice or not.
2021/07/08
Committee: IMCO
Amendment 396 #

2020/0361(COD)

Proposal for a regulation
Recital 42 a (new)
(42a) A hosting service provider may in some instances become aware, for instance through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the hosting service provider is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council. In such instances, the hosting service provider should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by hosting service providers. Hosting service providers should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities.
2021/07/08
Committee: IMCO
Amendment 401 #

2020/0361(COD)

Proposal for a regulation
Recital 43
(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or, small or medium sized 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 enterprises from those additional obligations should not be understood as affecting their ability to set up, on a voluntary basis, a system that complies with one or more of those obligations. __________________ 41 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2021/07/08
Committee: IMCO
Amendment 403 #

2020/0361(COD)

Proposal for a regulation
Recital 43 a (new)
(43a) To similarly avoid unnecessary regulatory burdens, certain obligations should not apply to hosting service providers often referred to as closed online platforms where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
2021/07/08
Committee: IMCO
Amendment 405 #

2020/0361(COD)

Proposal for a regulation
Recital 44
(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift, non- discriminatory and fair outcomes. In addition, provision should be made for the possibility of out-of-court dispute settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint- handling systems, by certified bodies that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effectivimple, affordable, expedient and accessible manner. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.
2021/07/08
Committee: IMCO
Amendment 417 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, depending on the severity of the illegal activity, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and private or 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 expressionscontent online. For intellectual property rights, organisations of industry and of individual right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
2021/07/08
Committee: IMCO
Amendment 418 #

2020/0361(COD)

Proposal for a regulation
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter. Providers of hosting services could, as a voluntary measure, introduce own-investigation measures to prevent accounts which have previously been identified as illegal from reappearing once removed. The obligations related to notice and action should by no means impose general monitoring obligations. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
2021/07/08
Committee: IMCO
Amendment 425 #

2020/0361(COD)

Proposal for a regulation
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44 Directive Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).deleted 2011/93/EU of the European
2021/07/08
Committee: IMCO
Amendment 445 #

2020/0361(COD)

Proposal for a regulation
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 ,and the Union Rapid Alert System for dangerous non-food products (Rapex) or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
2021/07/08
Committee: IMCO
Amendment 455 #

2020/0361(COD)

Proposal for a regulation
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 advertising is a significant source of financing for many digital business models and an effective tool to reach new customers, not least for small- and medium sized companies. However, there are some instances when 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. To ensure consumer protection online advertisement should be subject to proportionate and meaningful transparency obligations. 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.
2021/07/08
Committee: IMCO
Amendment 459 #

2020/0361(COD)

Proposal for a regulation
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 necessary information on the main parameters used in general for determining that specifwhich advertising is to be displayed to them, providing meaningful explanations of the general 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.
2021/07/08
Committee: IMCO
Amendment 469 #

2020/0361(COD)

Proposal for a regulation
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses could have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and meansAccordingly, the number of average monthly recipients of the service should reflect the recipients actually reached by the service either by being exposed to content or by providing content disseminated on the platforms’ interface in that period of time. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. The threshold should be designed to target the largest platforms with a reach in the Union that could lead to a systemic impact. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means, placing such due diligence obligations on smaller companies, especially micro, small and medium sized companies would be disproportionate.
2021/07/08
Committee: IMCO
Amendment 474 #

2020/0361(COD)

Proposal for a regulation
Recital 56
(56) Very large online platforms are used in a way that strongly influences safety online, the shaping of public opinion and discourse, as well as on online trade. The way they design of their services is generally optimised to benefit their often advertising- driven business models and can cause societal concerns. In the absence of effective regulation and enforcement, they can set the rules of the game, withoutsometimes amplify the dissemination of illegal content. Effective regulation and enforcement is needed to effectively identifying and mitigatinge the risks and the societal and economic harm they can cauat may arise. Under this Regulation, very large online platforms should therefore assess the systemic risks stemming from the functioning and use of their service, as well as by potential misuses by the recipients of the service, and take appropriate mitigating measures.
2021/07/08
Committee: IMCO
Amendment 490 #

2020/0361(COD)

Proposal for a regulation
Recital 61
(61) The audit report should be substantiated, so as to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this Regulation, without prejudice to its freedom to conduct a business and, in particular, its ability to design and implement effective measures that are aligned with its specific business model. The report should be transmitted to the Digital Services Coordinator of establishment and the Board without delayin 30 days following its adoption, together with the risk assessment and the mitigation measures, as well as the platform’s plans for addressing the audit’s recommendations. The report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. A positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this Regulation or, where applicable, any commitments it has undertaken pursuant to a code of conduct or crisis protocol, in particular by identifying, evaluating and mitigating the systemic risks posed by its system and services. A positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. A negative opinion should be given where the auditor considers that the very large online platform does not comply with this Regulation or the commitments undertaken.
2021/07/08
Committee: IMCO
Amendment 496 #

2020/0361(COD)

Proposal for a regulation
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. Often, they facilitate the search for relevant content for recipients of the service and contribute to an improved user experience. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them through making active choices. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them and why. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.
2021/07/08
Committee: IMCO
Amendment 500 #

2020/0361(COD)

Proposal for a regulation
Recital 63
(63) Advertising systems used by very large online platforms could pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned.
2021/07/08
Committee: IMCO
Amendment 506 #

2020/0361(COD)

Proposal for a regulation
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, where relevant to a research project. All requiremenests for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
2021/07/08
Committee: IMCO
Amendment 520 #

2020/0361(COD)

Proposal for a regulation
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fakintentionally inaccurate or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerablecertain groups of recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
2021/07/08
Committee: IMCO
Amendment 545 #

2020/0361(COD)

Proposal for a regulation
Recital 80 a (new)
(80a) The Commission should issue guidance to Member States and propose a system for the staggering of the penalties according to the size of the companies, to ensure proportionality and adequacy.
2021/07/08
Committee: IMCO
Amendment 613 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) set out uniformharmonised rules for a safe, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
2021/07/08
Committee: IMCO
Amendment 614 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b – point i (new)
i) facilitate innovations, support digital transition, encourage economic growth and create a level playing field for digital services within the internal market while strengthening consumer protection and contributing to increased consumer choice.
2021/07/08
Committee: IMCO
Amendment 659 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
— a significant number of users in one or more Member States; ordeleted
2021/07/08
Committee: IMCO
Amendment 665 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 2
— the targedirecting of activities towards one or more Member States.
2021/07/08
Committee: IMCO
Amendment 669 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e
(e) ‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession;
2021/07/08
Committee: IMCO
Amendment 686 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
2021/07/08
Committee: IMCO
Amendment 697 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider (h) of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of another service and, for objective and technical reasons cannot be used without that other service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation. Infrastructure services such as webhosting or cloud service providers shall not be covered by the definition of online platforms;
2021/07/08
Committee: IMCO
Amendment 720 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed and disseminated to promote the message of a legal or natural person, irrespective of whether to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface against remuneration specifically in exchange for promoting that information;
2021/07/08
Committee: IMCO
Amendment 728 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, demonetisation, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
2021/07/08
Committee: IMCO
Amendment 761 #

2020/0361(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expedwitihouslt undue delay to remove or to disable access to the illegal content.
2021/07/08
Committee: IMCO
Amendment 787 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry outtake the necessary voluntary own-initiative investigations or other activiti measures aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation, without prejudice to freedom of expression.
2021/07/08
Committee: IMCO
Amendment 790 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
Providers of intermediary services shall ensure that such measures are accompanied with appropriate safeguards, such as oversight, documentation and traceability or additional measures to ensure that own- initiative investigations are accurate, legally justified and do not lead to over- removal of content.
2021/07/08
Committee: IMCO
Amendment 830 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
(ba) the territorial scope of an order addressed to a provider that has its main establishment or, if the provider is not established in the Union, its legal representation in another Member State is limited to the territory of the Member State issuing the order;
2021/07/08
Committee: IMCO
Amendment 833 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b b (new)
(bb) if addressed to a provider that has its main establishment outside the Union, the territorial scope of the order, where Union law is infringed, is limited to the territory of the Union or, where national law is infringed, to the territory of the Member State issuing the order;
2021/07/08
Committee: IMCO
Amendment 857 #

2020/0361(COD)

Proposal for a regulation
Article 8 a (new)
Article 8a Injunction orders Member States shall ensure that recipients of a service are entitled under their national law to seek an injunction order as an interim measure for removing manifestly illegal content.
2021/07/08
Committee: IMCO
Amendment 897 #

2020/0361(COD)

Proposal for a regulation
Article 10 – title
Points of contact for authorities, the Commission and the Board
2021/07/08
Committee: IMCO
Amendment 903 #

2020/0361(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Providers of intermediary services shall make publiccommunicate to their Digital Service Coordinator of establishment, the Commission and the Board the information necessary to easily identify and communicate with their single points of contact.
2021/07/08
Committee: IMCO
Amendment 908 #

2020/0361(COD)

Proposal for a regulation
Article 10 a (new)
Article 10a Point of contact for recipients of a service 1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means, with the recipients of their services. The means of communication shall be user-friendly and easily accessible. 2. Providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact for recipients.
2021/07/08
Committee: IMCO
Amendment 918 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 4 a (new)
4a. Providers of intermediary services that would qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC if established in the Union, and who have been unsuccessful in designating a legal representative after reasonable efforts, shall be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative facilitates further cooperation and recommends possible solutions, including the possibility for collective representation.
2021/07/08
Committee: IMCO
Amendment 925 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including information about algorithmic decision-making and human review. ItProviders of intermediary services shall also include information on the right to terminate the use of the service. The possibility to terminate must be easily accessible for the user. Information on remedies and redress mechanisms shall also be included in the terms and conditions. The terms and conditions shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.
2021/07/08
Committee: IMCO
Amendment 950 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. Obligations pursuant to paragraph 1 and 2 should not oblige a provider of an intermediary service to disclose information that will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets or intellectual property rights.
2021/07/08
Committee: IMCO
Amendment 975 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. Those reports shall include, in particular,including information on the following, as applicable:
2021/07/08
Committee: IMCO
Amendment 979 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, and easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. Those reports shall include, in particular, information on the following, as applicable:
2021/07/08
Committee: IMCO
Amendment 989 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) meaningful and comprehensible information about the content moderation engaged in at the providers’ own initiative, including the number and type of measures taken that affect the availability, visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information, categorised by the type of reason and basis for taking those measures;
2021/07/08
Committee: IMCO
Amendment 1002 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC, small or medium sized enterprises (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a medium-sized, small or micro-enterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/07/08
Committee: IMCO
Amendment 1009 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2 a (new)
2a. Paragraph 1 shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
2021/07/08
Committee: IMCO
Amendment 1060 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 on the basis of which a diligent provider of hosting services is able to assess the illegality of the content in question, 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.
2021/07/08
Committee: IMCO
Amendment 1064 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. Where the notice contains the name and an electronic mail address of the individual or entity that submitted it, the provider of hosting services shall promptly, without undue delay, send a confirmation of receipt of the notice to that individual or entity.
2021/07/08
Committee: IMCO
Amendment 1081 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6a. Providers of hosting services could, as a voluntary measure in line with provisions Article 6, conduct own- investigation measures to prevent illegal content which has previously been identified as illegal from being disseminated again once removed. The obligations related to paragraph 1 to 6 shall by no means impose general monitoring obligations on hosting services.
2021/07/08
Committee: IMCO
Amendment 1087 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 b (new)
6b. 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 Recommendations 2003/361/EU, or to those enterprises within twelve months of them losing such status pursuant to Article 4(2) thereof.
2021/07/08
Committee: IMCO
Amendment 1089 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 c (new)
6c. Paragraph 2 and 4-5 shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
2021/07/08
Committee: IMCO
Amendment 1096 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access to or radically restrict the visibility of specific items of information provided by the recipients of the service, or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or removing or disabling access to or for restricting the visibility or monetisation of that information and of the reason for its decision, it shall inform the recipient, at the latest at the time ofwithout undue delay and at the latest within 24 hours after the removal or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision.
2021/07/08
Committee: IMCO
Amendment 1102 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the or radical restriction of the visibility of, the information or the suspension or termination of monetary payments related to that information and, where relevant, the territorial scope of the disabling of access;
2021/07/08
Committee: IMCO
Amendment 1120 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Providers of hosting services shall publishupon request share the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commissionwith the Digital Service Coordinator of establishment. That information shall not contain personal data.
2021/07/08
Committee: IMCO
Amendment 1122 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4 a (new)
4a. Paragraph 2 to 4 shall not apply to providers of intermediary services that qualify as micro, small or medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC, or during the first twelve months from when an enterprise lost such status as pursuant to Article 4(2) thereof.
2021/07/08
Committee: IMCO
Amendment 1124 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4 b (new)
4b. Paragraph 2 to 4 shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
2021/07/08
Committee: IMCO
Amendment 1129 #

2020/0361(COD)

Proposal for a regulation
Article 15 a (new)
Article 15a Notification of suspicions of criminal offences 1. Where a provider of hosting services becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available. 2. Where the provider of hosting services cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is established or has its legal representative and Europol. For the purpose of this Article, the Member State concerned shall be the Member State where the offence is suspected to have taken place, be taking place and likely to take place, or the Member State where the suspected offender resides or is located, or the Member State where the victim of the suspected offence resides or is located.
2021/07/08
Committee: IMCO
Amendment 1137 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or, small or medium sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. , nor during the first twelve months to such enterprises following the loss of such status pursuant to Article 4(2) thereof. This section shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
2021/07/08
Committee: IMCO
Amendment 1157 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) decisions to remove or not to remove or disable access to the information;
2021/07/08
Committee: IMCO
Amendment 1158 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) decisions to suspend or terminate or not to suspend or terminate the provision of the service, in whole or in part, to the recipients;
2021/07/08
Committee: IMCO
Amendment 1161 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) decisions to suspend or terminate or not to suspend or terminate the recipients’ account.
2021/07/08
Committee: IMCO
Amendment 1166 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to radically restrict the visibility of content provided by the recipients,
2021/07/08
Committee: IMCO
Amendment 1171 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)
(cb) decisions to restrict the ability to monetise content provided by the recipients,
2021/07/08
Committee: IMCO
Amendment 1188 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 4 a (new)
4a. In cases where a complaint of a business user does not result in a decision of the online platform within two weeks, the business user is entitled to present the case to an out of court settlement body in accordance with Article 18.
2021/07/08
Committee: IMCO
Amendment 1203 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to in Article 17(1) and individuals or entities that have submitted notices, shall be entitled to select any out- of-court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
2021/07/08
Committee: IMCO
Amendment 1213 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a
(a) it is impartial and independentndependent, including financially independent, and impartial of online platforms and recipients of the service provided by the online platforms and of individuals or entities that have submitted notices;
2021/07/08
Committee: IMCO
Amendment 1221 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible through electronic communication technology and provides for the possibility to submit a complaint and the requisite supporting documents online;
2021/07/08
Committee: IMCO
Amendment 1236 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fair rules of procedure that are clearly visible and easily accessible to all parties concerned and in full compliance with all applicable law.
2021/07/08
Committee: IMCO
Amendment 1242 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 a (new)
2a. The Digital Services Coordinator shall reassess on a yearly basis whether the certified out-of-court dispute settlement body continues to fulfil the listed criteria. If this is not the case, the Digital Services Coordinator shall revoke the status from the out-of-court dispute settlement body.
2021/07/08
Committee: IMCO
Amendment 1251 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 5
5. Digital Services Coordinators shall notify to the Commission the out-of-court dispute settlement bodies that they have certified in accordance with paragraph 2, including where applicable the specifications referred to in the second subparagraph of that paragraph as well as out-of-court dispute settlement bodies whose status has been revoked. The Commission shall publish a list of those bodies, including those specifications, on a dedicated website, and keep it updated.
2021/07/08
Committee: IMCO
Amendment 1262 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by certified trusted flaggers, 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.
2021/07/08
Committee: IMCO
Amendment 1278 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform;
2021/07/08
Committee: IMCO
Amendment 1279 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b a (new)
(ba) it is exceptionally allowed to flag content in the field of its expertise, defined by the official description of the institution or company,
2021/07/08
Committee: IMCO
Amendment 1296 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commission and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2 or have been revoked in accordance with paragraph 6.
2021/07/08
Committee: IMCO
Amendment 1308 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received by third parties, carried out without undue delay, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
2021/07/08
Committee: IMCO
Amendment 1314 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. The Commission, after consulting the Board, mayshall issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 5 and 6.
2021/07/08
Committee: IMCO
Amendment 1334 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past yeara given time frame;
2021/07/08
Committee: IMCO
Amendment 1336 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point b
(b) the relative proportion thereof in relation to the total number of items of information provided or notices submitted in the past yeara given time frame;
2021/07/08
Committee: IMCO
Amendment 1339 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d
(d) where identifiable, the intention of the recipient, individual, entity or complainant.
2021/07/08
Committee: IMCO
Amendment 1349 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 4 a (new)
4a. Providers of hosting services could, as a voluntary measure in line with provisions Article 6, conduct own- investigation measures to prevent suspended accounts from reappearing before the suspension is lifted. The obligations related to paragraph 1 to 4 shall by no means impose general monitoring obligations on hosting services.
2021/07/08
Committee: IMCO
Amendment 1352 #

2020/0361(COD)

Proposal for a regulation
Article 21
Notification of suspicions of criminal 1. aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available. 2. identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europol. For the purpose of this Article, the Member State concerned shall be the Member State where the offence is suspected to have taken place, be taking place and likely to take place, or the Member State where the suspected offender resides or is located, or the Member State where the victim of the suspected offence resides or is located.Article 21 deleted offences Where an online platform becomes Where the online platform cannot
2021/07/08
Committee: IMCO
Amendment 1353 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Where an online platform becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available.deleted
2021/07/08
Committee: IMCO
Amendment 1358 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. Where the online platform cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europol. For the purpose of this Article, the Member State concerned shall be the Member State where the offence is suspected to have taken place, be taking place and likely to take place, or the Member State where the suspected offender resides or is located, or the Member State where the victim of the suspected offence resides or is located.deleted
2021/07/08
Committee: IMCO
Amendment 1361 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
For the purpose of this Article, the Member State concerned shall be the Member State where the offence is suspected to have taken place, be taking place and likely to take place, or the Member State where the suspected offender resides or is located, or the Member State where the victim of the suspected offence resides or is located.deleted
2021/07/08
Committee: IMCO
Amendment 1381 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural person;deleted
2021/07/08
Committee: IMCO
Amendment 1391 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law and where applicable confirming that all products have been checked against the Union Rapid Alert System for dangerous non-food products (Rapex).
2021/07/08
Committee: IMCO
Amendment 1404 #

2020/0361(COD)

Proposal for a regulation
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) (e) and (ef) of paragraph 1 is reliable through the use of any freely accessible official online database, like the Rapex system or online interfaces made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources. The online platform shall require that traders promptly inform them of any changes to the information referred to in points (a), (d), (e) and (f) and regularly repeat this verification process.
2021/07/08
Committee: IMCO
Amendment 1413 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Where the online platform obtains indications that anyinformation under paragraph 1, letter (f) is inaccurate it shall remove the product or service directly from their online platform and if any other item of information referred to in paragraph 1 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.
2021/07/08
Committee: IMCO
Amendment 1459 #

2020/0361(COD)

Proposal for a regulation
Article 22 a (new)
Article 22a Obligation to inform consumers and authorities about illegal products and services 1. Where an online platform allows consumers to conclude distance contracts with traders, it shall be subject to additional information obligations for consumers. Where the online platform becomes aware of the illegal nature of a product or services offered by a trader on its interface it shall: (a) immediately remove the illegal product from its interface and inform relevant authorities about it; (b) maintain an internal database of content removed and/or recipients suspended pursuant to Article 20 to be used by internal content moderation systems tackling the identified risks; (c) where the online platform has the contact details of the recipients of its services, inform such recipients of the service that have purchased said product or service during the past twelve months about the illegality, the identity of the trader and options for seeking redress; (d) compile and make publicly available through application programming interfaces a repository containing information about illegal products and services removed from its platform in the past six months along with information about the concerned trader and options for seeking redress.
2021/07/08
Committee: IMCO
Amendment 1470 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point c
(c) any use made of automatic means for the purpose of content moderation, including a specification of the precise purposes, indicators of the accuracy of the automated means in fulfilling those purposes and any safeguards applied.
2021/07/08
Committee: IMCO
Amendment 1473 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Online platforms shall pucommunicate to the Digital Services Coordinator of establishment, at least once every sixtwelve months, information on the average monthly active recipients of the service in each Member Statethe Union, calculated as an average over the period of the past sixtwelve months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
2021/07/08
Committee: IMCO
Amendment 1476 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 2 a (new)
2a. Member States shall refrain from imposing additional transparency reporting obligations on the online platforms, other than specific requests in the context of exercising their supervisory powers.
2021/07/08
Committee: IMCO
Amendment 1495 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point c
(c) meaningful information about the main parameters used in general to determine the recipient to whom the advertisement is displayedwhich advertisements are displayed to them on the respective online platform.
2021/07/08
Committee: IMCO
Amendment 1510 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
2. Online platforms shall provide information mentioned in paragraph 1 to public authorities, upon their request, in order to determine accountability in case of false or misleading advertisement.
2021/07/08
Committee: IMCO
Amendment 1512 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 b (new)
3. Providers of intermediary services shall obtain consent from the recipients of their service, in order to provide them with micro targeted and behavioural advertisement. Providers of intermediary services shall ensure that recipients of services can easily make an informed choice when expressing their consent by providing them with meaningful information.
2021/07/08
Committee: IMCO
Amendment 1529 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. This Section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. This Section shall not apply to online platforms that qualify as micro, small or medium-sized enterprises (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, this Section shall not apply to enterprises that previously qualified for the status of a micro, small or medium- sized enterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/07/08
Committee: IMCO
Amendment 1534 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 1 a (new)
1a. This section shall not apply where, within the framework of an organised distribution network operating under a common brand, the provider of the intermediary service has a direct organisational, associative, cooperative or capital ownership link with the recipient of the service or where the intermediary service solely aims to intermediate content between the members of the organised distribution framework and their suppliers.
2021/07/08
Committee: IMCO
Amendment 1552 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the functioning and use madedissemination of illegal content ofn their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:
2021/07/08
Committee: IMCO
Amendment 1567 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively through dissemination of illegal content;
2021/07/08
Committee: IMCO
Amendment 1577 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service, with an actual or foreseeable negative and illegal effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
2021/07/08
Committee: IMCO
Amendment 1587 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1596 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2 a (new)
2a. The obligations detailed in paragraphs 1 and 2 shall by no means lead to a general monitoring obligation
2021/07/08
Committee: IMCO
Amendment 1604 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures targeting illegal practices, tailored to the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
2021/07/08
Committee: IMCO
Amendment 1647 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators, mayshall issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelines the Commission shall organise public consultations.
2021/07/08
Committee: IMCO
Amendment 1661 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point b
(b) any voluntary commitments undertaken pursuant to the codes of conduct referred to in Articles 35 and 36 and the crisis protocols referred to in Article 37.
2021/07/08
Committee: IMCO
Amendment 1665 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point a
(a) are independent from the very large online platform concerned and have not provided any other service to the platform in the previous 12 months;
2021/07/08
Committee: IMCO
Amendment 1702 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 2 a (new)
2a. Obligations pursuant to paragraphs 1 and 2 shall not oblige a very large online platform to disclose information that will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets and intellectual property rights. Further, very large online platforms shall not be required to enable modification of systems essential to uphold the safety and security of the service.
2021/07/08
Committee: IMCO
Amendment 1719 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2, until one yearsix months after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
2021/07/08
Committee: IMCO
Amendment 1767 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. In order to be vetted, researchers shall be affiliated with academic institutions, be independent from commercial interests, disclose the funding of the research, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
2021/07/08
Committee: IMCO
Amendment 1783 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7
7. Requests for amendment pursuant to point (b) of paragraph 6 shall contain proposals for one or more alternative means through which access may be provided to the requested data or other data which are appropriate and sufficient for the purpose of the request. The Digital Services Coordinator of establishment or the Commission shall decide upon the request for amendment within 15 days and communicate to the very large online platform its decision and, where relevant, the amended request and the new time period to comply with the request.deleted
2021/07/08
Committee: IMCO
Amendment 1795 #

2020/0361(COD)

Proposal for a regulation
Article 32 a (new)
Article 32a Points of contact established by very large online platforms 1. Very large online platforms shall make their points of contacts referred to in Article 10 also accessible for professional entities which are under a specific relationship with the provider of intermediary services such as business users. 2. Direct communication, by electronic means and by telephone, shall be possible in the language of the terms and conditions which govern the contractual relationship between the provider of the online platform and the business user concerned. 3. A substantive written response to the request shall be provided within seven days.
2021/07/08
Committee: IMCO
Amendment 1798 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. Very large online platforms shall publish the reports referred to in Article 13 within six months from the date of application referred to in Article 25(4), and thereafter every sixtwelve months.
2021/07/08
Committee: IMCO
Amendment 1808 #

2020/0361(COD)

Proposal for a regulation
Article 33 a (new)
Article 33a Algorithm transparency 1. When using automated decision making, the very large online platform shall upon request provide the Commission with the necessary information to assess the algorithms used. 2. When carrying out the assessments referred to in paragraph 1, the Commission shall consider the following elements: (a) the compliance with corresponding Union requirements; (b) potential negative effects on fundamental rights, including on consumer rights, through dissemination of illegal content; 3. Following an assessment the Commission shall communicate its findings to the very large online platform and allow it to provide additional explanation. 4. Where the Commission finds that the algorithm used by the very large online platform does not comply with point (a) or (b) of paragraph 2 of this Article, the Commission shall inform the Digital Service Coordinator of establishment of the very large online platform.
2021/07/08
Committee: IMCO
Amendment 1846 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The Commission and the Board shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data. The Commission shall also encourage and facilitate regular review and adaption of the Codes of conduct to ensure that they are fit for purpose.
2021/07/08
Committee: IMCO
Amendment 1853 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested partierelevant stakeholders, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
2021/07/08
Committee: IMCO
Amendment 1864 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain. Key performance indicators and reporting commitments should take into account differences in size and capacity between different participants.
2021/07/08
Committee: IMCO
Amendment 1883 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency in online advertising beyond the requirements of Articles 24 and 30.
2021/07/08
Committee: IMCO
Amendment 1897 #

2020/0361(COD)

Proposal for a regulation
Article 37 – paragraph 1
1. The Board may recommend the Commission to initiate the drawing up, in accordance with paragraphs 2, 3 and 4, of voluntary crisis protocols for addressing crisis situations strictly limited to extraordinary circumstances affecting public security or public health.
2021/07/08
Committee: IMCO
Amendment 1913 #

2020/0361(COD)

Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2
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. Furthermore, the Commission shall issue guidance to the Member States, to ensure that national, local and regional authorities relate to their Digital Coordinators in a consistent and comparable manner.
2021/07/08
Committee: IMCO
Amendment 1920 #

2020/0361(COD)

Proposal for a regulation
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 adequate technical, financial and human resources to carry out their tasks. In addition, Member States shall ensure that their Digital Services Coordinators conduct exchange with the service providers to strengthen a common understanding regarding their business models as well as the legal necessities.
2021/07/08
Committee: IMCO
Amendment 1945 #

2020/0361(COD)

Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1 – point e
(e) the power to adopt proportionate interim measures to avoid the risk of serious harm, without prejudice to fundamental rights.
2021/07/08
Committee: IMCO
Amendment 1978 #

2020/0361(COD)

Proposal for a regulation
Article 44 – paragraph 2 – point b a (new)
(ba) the conditions met to justify any order to act against illegal content and to provide information taken that derogates from the internal market clause in accordance with Article 3 of Directive 2000/31/EC.
2021/07/08
Committee: IMCO
Amendment 2039 #

2020/0361(COD)

Proposal for a regulation
Article 47 – paragraph 2 – point a a (new)
(aa) contributing to the effective application of Article 3 of Directive 2000/31/EC to prevent fragmentation of the digital single market;
2021/07/08
Committee: IMCO
Amendment 2088 #

2020/0361(COD)

Proposal for a regulation
Article 49 – paragraph 1 – point d a (new)
(da) monitor derogations from the internal market clause in accordance with Article 3 of Directive 2000/31/EC and ensure that the conditions for derogation are interpreted strictly and narrowly to ensure consistent application of this Regulation;
2021/07/08
Committee: IMCO
Amendment 2089 #

2020/0361(COD)

Proposal for a regulation
Article 49 – paragraph 1 – point e
(e) support and promote the development and implementation of European standards, guidelines, reports, templates and code of conducts in close collaboration with relevant stakeholders as provided for in this Regulation, as well as the identification of emerging issues, with regard to matters covered by this Regulation.
2021/07/08
Committee: IMCO
Amendment 2164 #

2020/0361(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decision, order proportionate interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement, without prejudice to fundamental rights.
2021/07/08
Committee: IMCO
Amendment 2182 #

2020/0361(COD)

Proposal for a regulation
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective implementation and compliance with this Regulation by the very large online platform concerned. The Commission may also order that platform to provide access to, and explanations relating to, and where necessary access to, its databases and algorithms.
2021/07/08
Committee: IMCO
Amendment 2212 #

2020/0361(COD)

Proposal for a regulation
Article 59 – paragraph 2 – introductory part
2. The Commission may by decision and in compliance with the proportionality principle impose on the very large online platform concerned or other person referred to in Article 52(1) fines not exceeding 1% of the total turnover in the preceding financial year, where they intentionally or as a result of repeated negligentlyce:
2021/07/08
Committee: IMCO
Amendment 2296 #

2020/0361(COD)

Proposal for a regulation
Article 74 – paragraph 2
2. It shall apply from [date - threwelve months after its entry into force].
2021/07/08
Committee: IMCO
Amendment 317 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point b
(b) the Commission, after conducting dialogues with relevant stakeholders and standardisation organisations, observes undue delays in the adoption of requested harmonised standards, or considers that relevant harmonised standards are not sufficient; or
2021/09/23
Committee: IMCO
Amendment 13 #

2020/0322(COD)

Proposal for a regulation
Recital 2
(2) In light of the lessons learnt during the ongoing COVID-19 pandemic and in order to facilitate adequate Union-wide preparedness and response to all cross- border threats to health, the legal framework for epidemiological surveillance, monitoring, early warning of, and combating serious cross-border threats to health, as set out in Decision No 1082/2013/EU, needs to be broadened with regard to additional reporting requirements and analysis on health systems indicators, and cooperation by Member States with the European Centre for Disease Prevention and Control (ECDC). Moreover, in order to ensure effective Union response to novel cross- border threats to health, the legal framework to combat serious cross-border threats to health should enable to immediately adopt case definitions for the surveillance of novel threats and should provide for the establishment of a network of EU reference laboratories and a network to support monitoring of disease outbreaks that are relevant to substances of human origin. The capacity for contact tracing should be strengthened via the creation of an automated system, using modern technologies without prejudice to the protection of personal data.
2021/04/21
Committee: IMCO
Amendment 14 #

2020/0322(COD)

Proposal for a regulation
Recital 5
(5) This Regulation should apply without prejudice to other binding measures concerning specific activities or quality and safety standards for certain goods, which provide for special obligations and tools for monitoring, early warning and combatting specific threats of a cross-border nature. Those measures include, in particular, relevant Union legislation in the area of common safety concerns in public health matters, covering goods such as pharmaceutical products, medical devices, personal protective equipment (PPE) and foodstuffs, substances of human origin (blood, tissues and cells, organs), and exposure to ionising radiation.
2021/04/21
Committee: IMCO
Amendment 33 #

2020/0322(COD)

Proposal for a regulation
Recital 9
(9) As serious cross-border threats to health are not limited to Union borders, joint procurement of medical countermeasures should be extended to include European Free Trade Association States and Union candidate countries, in accordance with the applicable Union legislation. The Joint Procurement Agreement, determining the practical arrangements governing the joint procurement procedure established under Article 5 of Decision No 1082/2013/EU, should also be adapted to include an exclusivity clause regarding negotiation and procurement for participating countries in a joint procurement procedure, to allow for better coordination within the EU. The Commission should ensure coordination and information exchange between the entities organizing any action under different mechanisms established under this Regulation and other relevant Union structures related to procurement and stockpiling of medical countermeasures, such as the strategic rescEU reserve under Decision No 1313/2013/EU of the European Parliament and of the Council16 . The European Commission shall pay special attention to ensure that joint procurement of medical countermeasures within the meaning of Article 12, also includes procurement of orphan drugs. __________________ 16Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
2021/04/21
Committee: IMCO
Amendment 37 #

2020/0322(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) In order to achieve transparency, the Commission shall provide to the European Parliament complete, timely and accurate information on the ongoing negotiations and give an access to the tender documents for the purposes of carrying out the procedure referred to in Article 12 of this Regulation.
2021/04/21
Committee: IMCO
Amendment 59 #

2020/0322(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) The European Commission shall ensure that, at the time of the declaration of a state of emergency, the number of accommodation facilities in hospitals in the Member States as well as the number of available accommodation units in intensive care units in the Member States are known, for the purpose of cross- border movement of patients.
2021/04/21
Committee: IMCO
Amendment 61 #

2020/0322(COD)

Proposal for a regulation
Recital 17
(17) Inconsistent communication with the public and stakeholders such as healthcare professionals can have a negative impact on the effectiveness of the response from a public health perspective as well as on, encourage the dissemination of false information but also negatively affect economic operators. The coordination of the response within the HSC, assisted by relevant subgroups, should, therefore, encompass rapid information exchange concerning communication messages and strategies and addressing communication challenges with a view to coordinating risk and crisis communication, based on robust and independent evaluation of public health risks, to be adapted to national needs and circumstances. Such exchanges of information are intended to facilitate the monitoring of the clarity and coherence of messages to the public and to healthcare professionals. Given the cross-sectoral nature of this type of crises, coordination should also be ensured with other relevant constituencies, such as the Union Civil Protection Mechanism established by Decision (EU) 2019/420 of the European Parliament and of the Council17 . __________________ 17Decision (EU) 2019/420 of the European Parliament and of the Council of 13 March 2019 amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (OJ L 77I , 20.3.2019, p. 1).
2021/04/21
Committee: IMCO
Amendment 66 #

2020/0322(COD)

Proposal for a regulation
Recital 20
(20) The occurrence of an event that corresponds to serious cross-border threats to health and is likely to have Union-wide consequences should require the Member States concerned to take particular control or contact-tracing measures in a coordinated manner in order to identify people already contaminated and those persons exposed to risk. The Commission shall ensure the secure processing of such data and shall ensure that they are treated in accordance with the personal data protection. Such cooperation could require the exchange of personal data through the system, including sensitive information related to health and information about confirmed or suspected human cases of the disease, between those Member States directly involved in the contact-tracing measures. The exchange of personal data concerning health by the Member States has to comply with Article 9(2)(i) of Regulation (EU) 2016/679 of the European Parliament and of the Council18 . __________________ 18Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
2021/04/21
Committee: IMCO
Amendment 82 #

2020/0322(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
(8a) ‘green lines’ means passable and safe passage transit corridors that in case of declared public health emergency at Union level allows Member States to preserve the free circulation of essential goods and medical countermeasures.
2021/04/21
Committee: IMCO
Amendment 83 #

2020/0322(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. The Health Security Committee (‘HSC’) is hereby established. It shall be composed of representatives of all the Member States, in two working formations:
2021/04/21
Committee: IMCO
Amendment 84 #

2020/0322(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point d
(d) adoption of opinions and guidance, including on specific response measures for the Member States for the prevention and control of serious cross-border threats to health while taking into account the proper functioning of the single market.
2021/04/21
Committee: IMCO
Amendment 86 #

2020/0322(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point c a (new)
(ca) remote digital working in situations when the HSC cannot physically meet for justified reasons.
2021/04/21
Committee: IMCO
Amendment 95 #

2020/0322(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)
4a. The Union preparedness and response plan also provides for measures to ensure the normal functioning of the single market during serious cross-border threat to health.
2021/04/21
Committee: IMCO
Amendment 145 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a. In accordance with the principle of transparency, the Commission shall regularly inform the European Parliament on the negotiations and other details of the joint procurement of medical countermeasures.
2021/04/21
Committee: IMCO
Amendment 147 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 3 b (new)
3b. The European Parliament reserves at all times the right to inspect the uncensored content of all contracts concluded in proceedings under this Article.
2021/04/21
Committee: IMCO
Amendment 159 #

2020/0322(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Member States are responsible for ensuring that the integrated surveillance system is fed on a regular basis with timely and, complete and accurate information, data and documents transmitted and exchanged through the digital platform.
2021/04/21
Committee: IMCO
Amendment 165 #

2020/0322(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point c a (new)
(ca) take into account the need for the normal functioning of the single market, in particular the existence of green lines for free circulation of food and other medical countermeasures.
2021/04/21
Committee: IMCO
Amendment 166 #

2020/0322(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point c
(c) activation of support from the ECDC as referred to in Regulation (EU) …/… [OJ: Please insert the number of Regulation ECDC [ISC/2020/12527]] to mobilise and deploy the EU Health Task Force. and in particular the establishment of a list of accommodation facilities in intensive care units in the Member States for the purpose of potential cross-border relocation of patients;
2021/04/21
Committee: IMCO
Amendment 167 #

2020/0322(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point c a (new)
(ca) green lines under Article 25a of this Regulation.
2021/04/21
Committee: IMCO
Amendment 169 #

2020/0322(COD)

Proposal for a regulation
Article 25 a (new)
Article 25a Free movement of goods and services 1. After recognising a public health emergency under Article 23 of this Regulation, green lines shall be set up to allow the free movement of food and medical countermeasures within the internal market. The Commission is empowered to adopt delegated acts to supplement this Regulation with provisions on the establishment of the green lines referred to in the first subparagraph of paragraph 1. 2. Only on condition that the Commission grants prior authorisation Member States may, in accordance with Article 36 of TFEU, impose export restrictions on medical countermeasures concerning another Member State or Member States during a public health emergency at Union level. Upon receiving a request for prior authorisation referred to in the first subparagraph of paragraph 2 from a Member State, the Commission shall decide whether to grant it without delay. If within five days the Commission has not granted the prior authorisation in question, it shall be deemed granted.
2021/04/21
Committee: IMCO
Amendment 171 #

2020/0322(COD)

Proposal for a regulation
Article 29 – paragraph 1
By 2025 and every 5 years thereafter the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament and the Council. The evaluation shall be conducted in accordance with the Commission’s better regulation guidelines. The evaluation shall include, in particular, an assessment of the operation of the EWRS and the epidemiological surveillance network, as well as the coordination of the response with the HSC and the impact of the Regulation on the proper functioning of the single market during serious cross-border threats to health.
2021/04/21
Committee: IMCO
Amendment 81 #

2020/0310(COD)

Proposal for a directive
— The European Parliament rejects [the Commission proposal].
2021/05/18
Committee: EMPL
Amendment 90 #

2020/0310(COD)

Proposal for a directive
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a framework for adequate minimum wages in the European Union
2021/05/18
Committee: EMPL
Amendment 96 #

2020/0310(COD)

Proposal for a directive
Recital 17
(17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, bogus self-employed, platform workers, trainees and apprentices could fall within the scope of this Directive. Genuinely self-employed persons do not fall within the scope of this Directive since they do not fulfil those criteria. The abuse of the status of self- employed persons, as defined in national law, either at national level or in cross- border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self- employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties' description of the relationship.
2021/05/20
Committee: FEMM
Amendment 104 #

2020/0310(COD)

Proposal for a directive
Recital 19
(19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. This applies in particular to Member States with a low collective bargaining coverage. Member States with a high collective bargaining coverage tend to have a low share of low- wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework shouldmay be established by law or by tripartite agreement..
2021/05/20
Committee: FEMM
Amendment 110 #

2020/0310(COD)

Proposal for a directive
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage,in each Member State and that are in accordance with their national laws and practices can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
2021/05/20
Committee: FEMM
Amendment 137 #

2020/0310(COD)

Proposal for a directive
Recital 29 a (new)
(29 a) The general level of protection afforded to workers in Denmark and Sweden is significantly higher than that provided for in this Directive. Average wage levels are among the highest in the Union and minimum wage protection is provided for effectively by collective bargaining models. It would therefore be wholly disproportionate to require Denmark and Sweden to transpose and implement this Directive. The general level of protection afforded to workers in Denmark and Sweden is significantly higher than that provided for in this Directive. Average wage levels are among the highest in the Union and minimum wage protection is provided for effectively by collective bargaining models. It would therefore be wholly disproportionate to require Denmark and Sweden to transpose and implement this Directive.
2021/05/20
Committee: FEMM
Amendment 166 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 3
3. The application of this Directive shall be in full compliance with the freedom of association, as recognised in the Charter of fundamental rights of the European Union. Nothing in this Directive shall be construed as imposing an obligation on the Member States where wage setting is ensured exclusively or mainly via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable.
2021/05/20
Committee: FEMM
Amendment 171 #

2020/0310(COD)

Proposal for a directive
Article 2 – paragraph 1
This Directive applies to workers in the Union who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union.
2021/05/20
Committee: FEMM
Amendment 178 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in each Member State in accordance with their national laws and practices between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
2021/05/20
Committee: FEMM
Amendment 181 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 4
(4) ‘collective agreement’ means all agreements in each Member State in accordance with their national laws and practices in writing regarding working conditions and terms of employment concluded by the social partners as an outcome of collective bargaining;
2021/05/20
Committee: FEMM
Amendment 183 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 5
(5) ‘collective bargaining coverage’ means the share of workers at national levelin each Member State in accordance with their national laws and practices national laws and practices to whom a collective agreement applies;
2021/05/20
Committee: FEMM
Amendment 193 #

2020/0310(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States where collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shallmay in addition provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them, and shallmay establish an action plan to promote collective bargaining. The action plan shallmay be made public and shall be notified to the European Commission.
2021/05/20
Committee: FEMM
Amendment 204 #

2020/0310(COD)

Proposal for a directive
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shallcan include at least the following elements: whose relevance and relative weight may be decided by Member States in accordance with their prevailing national socio-economic conditions
2021/05/20
Committee: FEMM
Amendment 239 #

2020/0310(COD)

Proposal for a directive
Recital 17
(17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, bogus self-employed, platform workers, trainees and apprentices could fall within the scope of this Directive. Genuinely self-employed persons do not fall within the scope of this Directive since they do not fulfil those criteria. The abuse of the status of self- employed persons, as defined in national law, either at national level or in cross- border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self- employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties' description of the relationship.
2021/05/18
Committee: EMPL
Amendment 239 #

2020/0310(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensurfacilitate that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updating, including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:
2021/05/20
Committee: FEMM
Amendment 270 #

2020/0310(COD)

Proposal for a directive
Recital 19
(19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. This applies in particular to Member States with a low collective bargaining coverage. Member States with a high collective bargaining coverage tend to have a low share of low- wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework shouldmay be established by law or by tripartite agreement..
2021/05/18
Committee: EMPL
Amendment 279 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that,in accordance with their national laws and practices, and without prejudice to specific forms of redress and dispute resolution provided for, and where applicable, ensure that in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.
2021/05/20
Committee: FEMM
Amendment 280 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall in accordance with their national laws and practices, and where applicable take the measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.
2021/05/20
Committee: FEMM
Amendment 284 #

2020/0310(COD)

Proposal for a directive
Article 12 – paragraph 1
Member States shall layThe penalties laid down by the rules on penalties applicable to infringements of national provisions. The penalMember States in accordance with their national laws and practices provided for shall be effective, proportionate and dissuasive.
2021/05/20
Committee: FEMM
Amendment 294 #

2020/0310(COD)

Proposal for a directive
Article 16 – paragraph 3
3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
2021/05/20
Committee: FEMM
Amendment 296 #

2020/0310(COD)

Proposal for a directive
Article 19 – paragraph 1
This Directive is addressed to the Member States except Denmark and Sweden.
2021/05/20
Committee: FEMM
Amendment 312 #

2020/0310(COD)

Proposal for a directive
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage,in each Member State and that are in accordance with their national laws and practices can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
2021/05/18
Committee: EMPL
Amendment 375 #

2020/0310(COD)

Proposal for a directive
Recital 29 a (new)
(29 a) The general level of protection afforded to workers in Denmark and Sweden is significantly higher than that provided for in this Directive. Average wage levels are among the highest in the Union and minimum wage protection is provided for effectively by collective bargaining models. It would therefore be wholly disproportionate to require Denmark and Sweden to transpose and implement this Directive.
2021/05/18
Committee: EMPL
Amendment 378 #

2020/0310(COD)

Proposal for a directive
Recital 30
(30) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefore invited to assess the impact of their transposition act on small and medium-sized enterprises in order to ensure that they are not disproportionatnegatively affected, giving specific attention to micro- enterprises and to the administrative burden, and to publish the results of such assessments. If found that micro, small and medium-sized enterprises are disproportionatnegatively affected, Member States should consider introducing measures to support these enterprises to adjust their remuneration structures to the new requirementbe able to decide not to apply this Directive with regard to those enterprises.
2021/05/18
Committee: EMPL
Amendment 394 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for promoting:
2021/05/18
Committee: EMPL
Amendment 429 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 3 a (new)
3a. Member States where there are no statuary minimum wages or systems for declaring collective agreements generally binding, where minimum wage protection is provided exclusively by collective bargaining between autonomous social partners, shall have the option not to apply this Directive, either totally or in part, provided that there is, in the view of the Member State, sufficient support for this among representative social partners at national level.
2021/05/18
Committee: EMPL
Amendment 438 #

2020/0310(COD)

Proposal for a directive
Article 2 – paragraph 1
This Directive applies to workers in the Union who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union.
2021/05/18
Committee: EMPL
Amendment 456 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in each Member State in accordance with their national law and practices between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
2021/05/18
Committee: EMPL
Amendment 466 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 4
(4) ‘collective agreement’ means all agreements in each Member State in accordance with their national laws and practices in writing regarding working conditions and terms of employment concluded by the social partners as an outcome of collective bargaining;
2021/05/18
Committee: EMPL
Amendment 478 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 5
(5) ‘collective bargaining coverage’ means the share of workers at national levelin each Member State in accordance with their national laws and practices to whom a collective agreement applies;
2021/05/18
Committee: EMPL
Amendment 492 #

2020/0310(COD)

Proposal for a directive
Article 4 – paragraph 1 – introductory part
1. With the aim to increaseof promoting the collective bargaining coverage, Member States shall take, in consult, in accordance with national law and practice and in cooperation with the social partners, at leastundertake the following measures:
2021/05/18
Committee: EMPL
Amendment 536 #

2020/0310(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States where overall collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shallmay in addition provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them, and shallmay establish an action plan to promote collective bargaining. The action plan shallmay then be made public and shall be notified to the European Commission.
2021/05/18
Committee: EMPL
Amendment 537 #

2020/0310(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States where collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shallmay in addition provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them, and shallmay establish an action plan to promote collective bargaining. The action plan shallmay be made public and shall be notified to the European Commission.
2021/05/18
Committee: EMPL
Amendment 643 #

2020/0310(COD)

Proposal for a directive
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure the regular and timely updates of statutory minimum wages in order to preservomote their adequacy.
2021/05/18
Committee: EMPL
Amendment 700 #

2020/0310(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensurfacilitate that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updating, including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:
2021/05/18
Committee: EMPL
Amendment 704 #

2020/0310(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensure thatable the social partners arto be involved in a timely and effective manner in statutory minimum wage setting and updating, including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:
2021/05/18
Committee: EMPL
Amendment 732 #

2020/0310(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
Member States shall, where appropriate, in cooperation with social partners, take the following measures to enhance the access of workers to statutory minimum wage protection as appropriate:
2021/05/18
Committee: EMPL
Amendment 864 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that,in accordance with their national laws and practices, and without prejudice to specific forms of redress and dispute resolution provided for, and where applicable, ensure that in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.
2021/05/18
Committee: EMPL
Amendment 876 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall in accordance with their national laws and practices, and where applicable take the measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.
2021/05/18
Committee: EMPL
Amendment 890 #

2020/0310(COD)

Proposal for a directive
Article 12 – paragraph 1
Member States shall layThe penalties laid down by the rules on penalties applicable to infringements of national provisions. The penalMember States in accordance with their national laws and practices provided for shall be effective, proportionate and dissuasive.
2021/05/18
Committee: EMPL
Amendment 910 #

2020/0310(COD)

Proposal for a directive
Article 16 – paragraph 3
3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
2021/05/18
Committee: EMPL
Amendment 917 #

2020/0310(COD)

Proposal for a directive
Article 19 – paragraph 1
This Directive is addressed to the Member States except Denmark and Sweden.
2021/05/18
Committee: EMPL
Amendment 35 #

2019/2210(INI)

Motion for a resolution
Recital B
B. whereas the enlargement process is an integral part of European integration and remains strategically important to the European Union;
2020/03/02
Committee: AFET
Amendment 105 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point d
(d) to provide clear and consistent accession benchmarks as well as continued support throughout the process, and to improve the measuring of progress, ensuring that each accession country is assessed on the basis of its own merits; to underline the importance of consistency in the area of democracy and rule of law;
2020/03/02
Committee: AFET
Amendment 170 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point m
(m) to recognise the negative effects of the European Council’s failure to open accession negotiations with Albania and North Macedonia in 2019 and to acknowledge that opening accession talks would restore credibility to the accession process, as recommended by the European Parliament; to acknowledge reform steps already taken by Albania and North Macedonia;
2020/03/02
Committee: AFET
Amendment 344 #

2019/2210(INI)

Motion for a resolution
Paragraph 1 – point a m
(am) to ensure adequate, fair, performance based and results- oriented pre-accession financing that matches the transformation needs of the beneficiaries and helps them deliver on EU accession obligations; to work closer with international financial institutions on economic governance;
2020/03/02
Committee: AFET
Amendment 47 #

2019/2190(INI)

Motion for a resolution
Paragraph 2
2. Welcomes Regulation (EU) 2019/1020 on market surveillance but highlights that, with the exception of customs checks, it only applies to products subject to Union harmonisation legislation, while around one third of all products circulating in the EU are non-harmonised products; urges the Commission to update market surveillance rules, including thosealso for non- harmonised products, and make them fit for purpose in the digital age;
2020/05/20
Committee: IMCO
Amendment 164 #

2019/2190(INI)

Motion for a resolution
Paragraph 15
15. Urges Member States to set minimum sampling rates; and asks market surveillance authorities to carry out sector-specific mystery shopping on a regular basis at least once a year, in particular for the product categories most notified on the Safety Gate (Rapex);deleted
2020/05/20
Committee: IMCO
Amendment 217 #

2019/2190(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Notes the positive contributions and possibilities online market places are bringing to retailers and customers alike; highlights the need for a level playing field between EU and third country platforms when it comes to compliance with EU rules on product safety and consumer rights; calls on the Commission to ensure that third country marketplaces selling products to EU consumers are subject to the same due care requirements and liability rules that apply to similar EU economic actors, namely importers, distributors and sellers; urges the Commission to explore ways in which contributions to Extended Producer Responsibility schemes by third country sellers could be increased.
2020/05/20
Committee: IMCO
Amendment 230 #

2019/2190(INI)

Motion for a resolution
Paragraph 24
24. Urges the Commission and the Member States to obligeassess the possibility to recommend that online marketplaces to create an interface with Rapex in order to ensure that products offered for sale are safe, and to introduce a link to Rapex on their websites so as to raise awareness about this platform;
2020/05/20
Committee: IMCO
Amendment 254 #

2019/2190(INI)

Motion for a resolution
Paragraph 27
27. Welcomes the fact that the European standardisation programme for 2020 addresses the challenges emerging within the Digital Single Market, such as AI, IoT, protection of data, including health data, cybersecurity and automated mobility; asks the Commission to definecalls for standards allowing the deployment of interoperable technologies to provide for safe EU-wide emerging technologies;
2020/05/20
Committee: IMCO
Amendment 83 #

2019/2188(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to come forward as soon as possible with proposals to close the gender pay gap, while fully respecting the principle of subsidiarity, the Member States' competence with regard to the labour market, and the autonomy of the social partners in all Member States.
2020/05/11
Committee: FEMM
Amendment 168 #

2019/2176(INI)

Motion for a resolution
Paragraph 5
5. Stresses that, since Parliament’s last report, the situation, far from improving, has deteriorated even further; firmly insists, therefore, on the formal suspenstermination of accession negotiations with Turkey, in order for both sides to review in a realistic manner the appropriateness of the current framework and its ability to function, or, if necessary, to explore possible new models for future relations;
2020/12/15
Committee: AFET
Amendment 204 #

2019/2176(INI)

Motion for a resolution
Paragraph 7
7. Expresses its will to strengthen and deepen mutual knowledge and understanding between Turkish and European societies, combating all manifestations of social, religious or cultural prejudice; expresses its full commitment to continue supporting Turkey’s independent civil society in whatever circumstances and framework of relations that the future may bring; believes, nevertheless, that the accession process would still be the most powerful tool to exercise normative pressure on the Turkish government and the best framework to sustain the democratic and pro-European aspirations of Turkish society, but recognises the importance of mutual commitments to fundamental rights and values; stresses that a purely transactional relationship will hardly contribute to the advancement of Turkey towards a more democratic model;
2020/12/15
Committee: AFET
Amendment 394 #

2019/2176(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Is concerned about an increase in violence against women and so called "honour" killings in Turkey; calls on the Turkish government to implement a zero- tolerance policy on violence against women and to stand by its commitments to the Istanbul Convention;
2020/12/15
Committee: AFET
Amendment 517 #

2019/2176(INI)

Motion for a resolution
Paragraph 26
26. Stresses that a modernisation of the Customs Union could be beneficial for both parties, especially by making it enforceable through a dispute resolution mechanism, and would keep Turkey economically and normatively anchored to the EU; reiterates that this would need to be based on strong conditionality related to human rights and fundamental freedoms; highlights that it seems unrealistic to envisage any modernisation of the Customs Union given the current circumstances; recalls that the current Customs Union will not achieve its full potential until Turkey fully implements the Additional Protocol in relation to all Member States;
2020/12/15
Committee: AFET
Amendment 659 #

2019/2176(INI)

32. Believes that it is high time to review the EU’s relations with Turkey and to define a comprehensive, unified and coherent strategy for the medium to long term, among all EU institutions and Member States, which recognises the importance of respecting democracy and the rule of law;
2020/12/15
Committee: AFET
Amendment 689 #

2019/2176(INI)

Motion for a resolution
Paragraph 33 a (new)
33a. Takes the view that the European Union needs to develop a long-term partnership with Turkey, based on mutual interest and respect but without a direct prospect of membership; insists that such a relationship must be balanced, reciprocal in its commitments and underpinned by one Association Agreement to cover economic and political relations and cooperation in several areas, including but not limited to migration, security and environmental protection, whilst reiterating the principles of democracy and rule of law; calls therefore on the Council to remove Turkey from the list of candidate countries;
2020/12/15
Committee: AFET
Amendment 693 #

2019/2176(INI)

Motion for a resolution
Paragraph 33 b (new)
33b. Reiterates that unilateral illegal actions by Turkey should lead to the imposition of restrictive measures; urges Turkey to commit to dialogue and respect for international law in order to improve relations;
2020/12/15
Committee: AFET
Amendment 696 #

2019/2176(INI)

Motion for a resolution
Paragraph 33 c (new)
33c. Underlines the importance of continued financial support from the EU to Turkish civil society, human rights defenders, journalists and academics in order to promote democracy, increase people-to-people contacts and give access to European universities;
2020/12/15
Committee: AFET
Amendment 18 #

2019/2170(INI)

Motion for a resolution
Recital -A (new)
-A. whereas enlargement is one of the EU’s most effective foreign policy instruments contributing to extending the reach of the Union’s fundamental values of respect for human dignity, freedom, democracy, the rule of law, fostering peace and respect for human rights;
2020/12/22
Committee: AFET
Amendment 25 #

2019/2170(INI)

Motion for a resolution
Recital C
C. whereas the merit-based prospect of full EU membership is in the Union's own political, security and economic interests, the quality and dedication to the necessary reforms determine the timetable for accession; whereas consistent efforts on the key reforms require the joint engagement of all stakeholders;
2020/12/22
Committee: AFET
Amendment 27 #

2019/2170(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas EU enlargement and the advancement of democracy, rule of law and prosperity in the Western Balkans remains important for the European Union,
2020/12/22
Committee: AFET
Amendment 51 #

2019/2170(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Emphasises the importance of the integration process as a catalyst for reforms, and welcomes the support which this process enjoys among the Albanian people;
2020/12/22
Committee: AFET
Amendment 53 #

2019/2170(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Stresses the need to improve the visibility and communication concerning EU aid and Union financing in Albania; in this regard, reminds of the performance reward under the Instrument for Pre-Accession Assistance to North Macedonia and Albania and notably the substantial support the EU has provided to the Western Balkans to fight the COVID-19 pandemic;
2020/12/22
Committee: AFET
Amendment 58 #

2019/2170(INI)

Motion for a resolution
Paragraph 2
2. Supports the convening of the first intergovernmental conference without further delay once all conditions set by the Council are fulfilled and, following the adoption of the negotiating framework by the Council;
2020/12/22
Committee: AFET
Amendment 74 #

2019/2170(INI)

Motion for a resolution
Paragraph 5
5. Encourages political leaders to create a climate of confidence by overcoming the lack of dialogue and expresses its serious concern about the polarised political climate and lack of sustainable cross-party cooperation that continue to hamper the democratic process; recalls the importance of constructive political dialogue to advance with the reform process;
2020/12/22
Committee: AFET
Amendment 80 #

2019/2170(INI)

Motion for a resolution
Paragraph 7
7. Stresses that the general elections of 25 April 2021 will be key for the country’s democratic consolidation; reminds that free and fair elections are a fundamental prerequisite for EU integration;
2020/12/22
Committee: AFET
Amendment 96 #

2019/2170(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Recalls that the prosecution of vote riggers was a condition set by the Council that Albania need to fulfil prior to opening accession negotiations; is concerned about impunity, as alleged cases have not reached court and no arrests have yet been made;
2020/12/22
Committee: AFET
Amendment 102 #

2019/2170(INI)

Motion for a resolution
Paragraph 11
11. EncouraUrges Albania to swiftly complete the relevant steps towards re-establishing the Constitutional Court’s ability to function fully and efficiently, and urges all involved to swiftly conclude the appointment process;
2020/12/22
Committee: AFET
Amendment 107 #

2019/2170(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the fact that the High Court has partly regained its ability to function and that it has been reviewing more than a thousand cases, and encourages it to make further progress in the appointment of additional judges; underlines the need to support the effective functioning of these institutions by means of adequate human resources and funding;
2020/12/22
Committee: AFET
Amendment 117 #

2019/2170(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the creation of anti- corruption bodies and the fact that sustained investigations are being carried out by the newlysuch as the established Special Anti- Corruption and Organised Crime Structure (SPAK), and indictments are being handed down by the Anti-Corruption and Organised Crime Courts, and; now calls for the courts to be operational and to effectively and proactively address high-level corruption; therefore stresses the need of adequate resources and cooperation between these new structures and with other prosecution and judicial entities; underlines the need to maintain their independence and effectiveness in fighting impunity;
2020/12/22
Committee: AFET
Amendment 145 #

2019/2170(INI)

Motion for a resolution
Paragraph 22
22. Calls for the creation of an effective mechanism for the prevention of gender- based and domestic violence including violence against children, and for protection and support to be given to its victims, combined with the effective and efficient prosecution of its perpetrators;
2020/12/22
Committee: AFET
Amendment 151 #

2019/2170(INI)

Motion for a resolution
Paragraph 23
23. Reminds Albania of its calls for further improvements to be made in the education and health, and the employment rates and living and health conditions of Roma and other ethnicpeople with disabilities and other ethnic minorities, notably the Roma minority - as one of the most marginalized minorities;
2020/12/22
Committee: AFET
Amendment 178 #

2019/2170(INI)

Motion for a resolution
Paragraph 28
28. Stresses that border protection and the prevention of cross-border crime, including in cooperation with the European Border and Coast Guard Agency (Frontex), must be a priority and conducted in full respect for fundamental rights;
2020/12/22
Committee: AFET
Amendment 194 #

2019/2170(INI)

Motion for a resolution
Paragraph 34
34. Condemns the violence, intimidation, smear campaigns and indirect political and financial pressure directed against journalists, which seriously stifle media freedom, induce self-censorship and gravely undermine efforts to uncover crime and corruption; calls for initiatives to foster a media environment free from external influences and conducive to a professional media conduct, including investigative journalism;
2020/12/22
Committee: AFET
Amendment 208 #

2019/2170(INI)

Motion for a resolution
Paragraph 37
37. Stresses the need to substantiallyEncourages the Albanian authorities to strengthen social care coverage and improve access to social and healthcare services especially for vulnerable communities;
2020/12/22
Committee: AFET
Amendment 211 #

2019/2170(INI)

Motion for a resolution
Paragraph 38
38. Calls for the measures addressing the demographic decline and the brain drain to be stepped up through active labour market policies that address skills mismatches and reduce long-term unemployment; encourages measures to boost employment for young people in particular;
2020/12/22
Committee: AFET
Amendment 226 #

2019/2170(INI)

Motion for a resolution
Paragraph 42
42. Encourages the diversification of energy production, moving fromensuring environmentally sound investments in hydropower towards, wind and solar sources; urges the authorities to minimise the impact on biodiversity by restricting hydropower development in protected areas; underlines the need to improve both environmental and impact assessments across eco- sensitive sectors and boost the prosecution of environmental crimes;
2020/12/22
Committee: AFET
Amendment 253 #

2019/2170(INI)

Motion for a resolution
Paragraph 45
45. Welcomes Albania’s unremittongoing efforts in promoting good neighbourly relations and regional integration;
2020/12/22
Committee: AFET
Amendment 262 #

2019/2170(INI)

Motion for a resolution
Paragraph 49
49. Welcomes Albania’s ongoing full alignment with the common foreign and security policy decisions and declarations since 2012 and its active contribution to the EU crisis management missions and operations; commends Albania’s active participation in military crisis management missions under the common security and defence policy, as well as its active contribution to NATO missions of strategic importance to the EU;
2020/12/22
Committee: AFET
Amendment 75 #

2019/2169(INI)

Motion for a resolution
Recital E
E. whereas traditional gender roles and stereotypes still influence the division of labour at home, in education, at the workplace and in society; whereas unpaid care work, mostly carried out by women, contributes to the gender pay and pension gap; whereas work-life balance measures, such as the Work-life Balance Directive, are important first steps, but need to be complemented by further measures in order to involve more men in unpaid work and to foster the equal earner – equal carer model;
2020/06/08
Committee: FEMM
Amendment 117 #

2019/2169(INI)

Motion for a resolution
Recital H
H. whereas the impact of climate change is experienced differently by women, as they are more vulnerable and face higher risks and burdens for various reasons; whereas gender equality and the inclusion of women in decision-making is a prerequisite for sustainable development and the efficient management of climate challenges; whereas all climate action must include a gender- and an intersectional perspective; whereas we should strengthen the rights of women to dampen the effects of climate change on women;
2020/06/08
Committee: FEMM
Amendment 134 #

2019/2169(INI)

Motion for a resolution
Recital J
J. whereas the Gender Equality Index for 2019 reveals persistent inequalities between men and women in the digital sector; whereas closing the digital gender gap and guaranteeing women’s digital rights is of paramount importance, given the occurrence of discrimination resulting from biased data sets, models and algorithms in artificial intelligence (AI); whereas programmers in AI need to be aware of unconscious biases and stereotypes in order to avoid reproducing and reinforcing them; whereas the transformation and digitalisation of the labour market and the economy can deepen existing economic gaps and labour market segregation;
2020/06/08
Committee: FEMM
Amendment 137 #

2019/2169(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas the transformation and digitalisation of the labour market and the economy can both increase and decrease economic gaps and labour market segregation;
2020/06/08
Committee: FEMM
Amendment 144 #

2019/2169(INI)

Motion for a resolution
Recital K
K. whereas gender mainstreaming, gender budgeting and gender impact assessments are essential tools for achieving gender equality in all EU policy areas;
2020/06/08
Committee: FEMM
Amendment 260 #

2019/2169(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Welcomes the announcement of a Victims´ Rights Strategy in 2020, which will address the specific needs of victims of gender-based violence, including domestic violence, building on the Victims´ Rights Directive;
2020/06/08
Committee: FEMM
Amendment 261 #

2019/2169(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Urges the Council to adopt a decision according to Article 83(1) TFEU identifying violence against women as a an area of crime covered by EU law as there is special need to combat such crimes on a common basis;
2020/06/08
Committee: FEMM
Amendment 262 #

2019/2169(INI)

Motion for a resolution
Paragraph 9 c (new)
9c. Welcomes the announcement of a Recommendation on the prevention of harmful practices, besides possible legislation, to combat Female genital mutilation, forced sterilisation, early and forced marriage and so-called ‘honour- related violence’, which specifically injures children and young girls;
2020/06/08
Committee: FEMM
Amendment 283 #

2019/2169(INI)

Motion for a resolution
Paragraph 11
11. WelcomNotes the Commission’s commitment to table binding measures on pay transparency by the end of 2020; points out, however, that the issue of equal pay for equal work or work of equal value across different occupational sectors still needs to be addressed; strongly recommends the inclusion of the principle of equal pay for work of equal value between women and men, which could be defined asin foullows: ‘Work shall be deemed of equal value if, based on a comparison of two groups of workers which have not been formed in an compliance with the principle of subsidiarbitrary manner, the work performed is comparable, taking into account factors such as the working conditions,y, Member states' competences in the degareea of responsibility conferred on the workers, and the physical or mental requirements of the work’; points out that gender-neutral job evaluation tools and classification criteria need to be developed for this purposelabour market policies and with respect of the autonomy of the social partners in all Member states;
2020/06/08
Committee: FEMM
Amendment 298 #

2019/2169(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Urges the Member States to take further action in the fight against discrimination of women in the labour market;
2020/06/08
Committee: FEMM
Amendment 313 #

2019/2169(INI)

Motion for a resolution
Paragraph 12
12. Urges the Commission to campaign for more women in economic decision- making positions by highlighting the economic and societal advantages thereof, and sharing best practices, in order to break the deadlock on the Women on Boards directive;
2020/06/08
Committee: FEMM
Amendment 17 #

2019/2167(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the fifth Sustainable Development Goal (SDG5) is to achieve gender equality and to empower all women and girls worldwide; whereas no development strategy can be effective unless women and girls play a central role, and whereas SDG5 must be mainstreamed horizontally into different policy fields where EU has competence to act;
2020/04/29
Committee: FEMM
Amendment 19 #

2019/2167(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas achieving gender equality by 2030 requires the full awareness and unwavering commitment by EU and its Member States; whereas this includes the promotion of women’s and girl’s full enjoyment of all human rights, gender equality and the empowerment and promotion of women and girls as a priority across all areas of policy and action; whereas the EU Gender Action Plan(GAP) II is a key tool to contribute to achieving these goals and must be safeguarded against any deterioration and progress must be accelerated;
2020/04/29
Committee: FEMM
Amendment 28 #

2019/2167(INI)

Motion for a resolution
Recital B
B. whereas women and girls are particularly affected by violence, poverty, armed conflicts, and the impact of the climate emergency; whereas there is a growing global trend towards authoritarianism and an increasing number of fundamentalist groups, both of which are clearly linked to a backlash against women’s and climate change; whereas there are studies highlighting growing backlash against women’s and lesbian, gay, bisexual, transgender and intersex (LGBTIQ+) rights; whereas any understanding of security that focuses on States rather than human beings is defective and will not lead to peaceLGBTIQ+ persons are protected under existing international human rights law, and whereas the “EU Guidelines on LGBTI” serve to ensure the full enjoyment of human rights by LGBTI persons;
2020/04/29
Committee: FEMM
Amendment 30 #

2019/2167(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas men and women are affected differently in conflict, post- conflict and fragile situations; whereas women are not only victims but also agents of positive change, who could contribute to conflict prevention and resolution, peacebuilding, peace negotiations and post-conflict reconstruction; whereas the importance of meaningful participation of women and girls in conflict prevention, peacebuilding and conflict resolution as well as in building the resilience of local communities must be highly considered;
2020/04/29
Committee: FEMM
Amendment 35 #

2019/2167(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas women and girls might experience different forms of discrimination; whereas one in three women in the world is likely to experience physical and sexual violence at some point in her lifetime; whereas 14 million girls are forced into marriage every year;
2020/04/29
Committee: FEMM
Amendment 55 #

2019/2167(INI)

Motion for a resolution
Recital E
E. whereas the EU Strategic Approach to WPS represents significant progress in terms of the EU’s engagement with the WPS agenda; whereas the EU should increase its efforts in addressing conflict related sexual and gender-based violence;
2020/04/29
Committee: FEMM
Amendment 115 #

2019/2167(INI)

Motion for a resolution
Paragraph 1
1. Calls on the EU and its Member States to commit to advancing towards a foreign and security policy that incorporates a gender-transformative vision, putting the need to address unequal structures and power relations at its centre; stresses the need for such policy to be grounded in rigorous gender analysis and systematic gender impact assessments, and for a meaningful and equitable role at all levels and stages of decision-making to be secured for women and for people from diverse backgrounds; underlines the importance of engaging men and boys in the process as agents of change;
2020/04/29
Committee: FEMM
Amendment 127 #

2019/2167(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the Commission’s proposal to carry out a review and present a new EU Gender Action Plan III in 2020; stresses that this document needs to take the form of a communication in order to ensure its effective implementation; welcomes the EU Action Plan on Women, Peace and Security, and calls for its robust implementation; welcomes the inclusion of promoting the WPS agenda in the Joint Declaration on EU-NATO cooperation 2018; welcomes the decision to renew the EU Action Plan on Human Rights and Democracy, and calls for gender mainstreaming and targeted actions for gender equality and women’s rights, including SRHR, to be included in the Action Plan;
2020/04/29
Committee: FEMM
Amendment 192 #

2019/2167(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the work done by the EEAS Principal Adviser on gender; regrets, however, the limited capacity in terms of staff and resources assigned to this position, and calls for its holder to report directly to the VP/HR; calls on the VP/HR to create an organisational division within the EEAS on gender equality and the WPS agenda, and to have a full-time gender adviser in each EEAS Directorate, reporting directly to the Principal Adviserthat is integrated with the EEAS Directorates and provides sufficient assistance in realising the WPS agenda;
2020/04/29
Committee: FEMM
Amendment 200 #

2019/2167(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the EEAS Gender and Equal Opportunities Strategy 2018-2023, but regrets the lack of specific and measurable objectives; calls for it to be updated in order to include concrete and binding goals on the presence of women in management positions; recommends a target of 50 % of management positions being held by women, including as Heads of Delegation and Heads of CSDP missions and operations; regrets, in addition, the absence of other diversity targets and of overall diversity in the EU institutions, especially regarding race, ability and ethnic backgrounds;
2020/04/29
Committee: FEMM
Amendment 250 #

2019/2167(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Condemns all forms of violence against women and girls, including trafficking in human beings, sexual exploitation, forced marriage, honour crimes, female genital mutilation (FGM) and the use of sexual violence as a weapon of war; calls on the EU and its Member States to ratify the Istanbul Convention, as the first legally binding international instrument seeking to prevent and combat violence against women, this way setting an example worldwide and making their commitment to eradicate such violence credible in the EU external relations;
2020/04/29
Committee: FEMM
Amendment 252 #

2019/2167(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Insists that girls and women who are victims of war rape have access to non-discriminatory care, and specifically to comprehensive medical care; insists in this context on the need to ensure the protection of the right to life and dignity of all women and girls by actively combating harmful practices; highlights that the use of rape as a weapon of war and oppression must be eliminated, and that the EU must bring pressure to bear on third-country governments and all stakeholders implicated in regions where such gender-based violence takes place, in order to bring the practice to an end, bring perpetrators to justice and work with survivors, affected women and communities to help them heal and recover;
2020/04/29
Committee: FEMM
Amendment 256 #

2019/2167(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Emphasises that universal respect for and access to sexual and reproductive health contributes to the achievement of all the health-related SDGs, such as prenatal care and measures to avoid high- risk births and reduce infant and child mortality; points out that access to family planning and maternal health services are important elements for saving women’s lives;
2020/04/29
Committee: FEMM
Amendment 250 #

2019/2136(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Acknowledges that for the European Union to be a strong global actor, the EU needs to be a relevant actor in the neighbourhood, which also calls for sufficient diplomatic presence;
2019/11/13
Committee: AFET
Amendment 275 #

2019/2136(INI)

Motion for a resolution
Paragraph 18
18. Calls for the strengthening of the EU’s capacity to act autonomously in the area of security and defence; stresses that efficient cooperation with partner organisations such as the UN or NATO is more vital than ever; underlines the importance of close cooperation with NATO in addressing security challenges in Europe and its neighbourhood, especially in countering hybrid threats;
2019/11/13
Committee: AFET
Amendment 338 #

2019/2136(INI)

Motion for a resolution
Paragraph 24
24. Calls for stronger support to the EU maritime security strategy as freedom of navigation is an increasing challenge; in the neighbourhood and globally; insists that freedom of navigation must be respected at all times; calls on the EU to take active measures and to consider restrictive measures in response to severe breaches of freedom of navigation and international maritime law;
2019/11/13
Committee: AFET
Amendment 369 #

2019/2136(INI)

Motion for a resolution
Paragraph 26
26. Promotes the boosting of the European Union’s strategic communication capabilities; calls, in that connection, for further support forin terms of an increased allocation of resources and staff to the EEAS Strategic Communications Division;
2019/11/13
Committee: AFET
Amendment 379 #

2019/2136(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Reiterates previous calls from the European Parliament on the European Union to introduce a European version of the Magnitsky Act and to strengthen the existing sanctions regime;
2019/11/13
Committee: AFET
Amendment 18 #

2019/2135(INI)

Motion for a resolution
Paragraph 1
1. Notes the lasting deterioration in the Union’s strategic environment in the face of multiple challenges directly or indirectly affecting the security of its Member States and citizens: armed conflicts immediately to the east and south of the European continent, hybrid warfare against European countries, jihadist terrorism, cyber attacks, uncontrolled migration, increasing threats to natural resources, climate change, etc.;
2019/11/12
Committee: AFET
Amendment 32 #

2019/2135(INI)

2. Considers that instability and unpredictability on the Union’s borders and in its immediate neighbourhood (north Africa, the Middle East, Ukraine, the Caucasus, the Balkans, etc.) pose a direct threat to the security of the continent; acknowledges that active engagement in the neighbourhood is in the interest of the European Union; stresses the inextricable link between internal and external security;
2019/11/12
Committee: AFET
Amendment 133 #

2019/2135(INI)

Motion for a resolution
Paragraph 10
10. Considers, therefore, that European strategic autonomy is based, above all, on the ability of the Union to assess a crisis situation and take a decision autonomously, which necessarily entails an independent decision-making process, the availability of means of assessment and a freedom to analyse and take action; considers, also, that European strategic autonomy is based on the ability of the Union to act alone when its interests are at stake (theatres of operations not considered as priorities by its European partners) or within the framework of existing cooperation arrangements; considers, lastly,underlines that European strategic autonomy is part of a multilateral framework which respects commitments within the UN and complements the (NATO) alliances and partnerships to which most Member States are signed up; stresses that strategic autonomy does not mean that the Union will systematically act alone, everywhere and always;
2019/11/12
Committee: AFET
Amendment 153 #

2019/2135(INI)

Motion for a resolution
Paragraph 12
12. Stresses that strategic autonomy can only be genuinely achieved if Member States demonstrate solidarity, which is reflected in particular in the need to prioritise the procurement of Europesecure capacity and capabilities where equipment is available andin Europe and the availability of competitive equipment;
2019/11/12
Committee: AFET
Amendment 278 #

2019/2135(INI)

Motion for a resolution
Paragraph 34
34. Notes that the mutual assistance clause (Article 42(7) TEU), which has been invoked once, demonstrates the solidarity among Member States in the common fight against terrorism; notes, however, that the conditions for triggering the article and the arrangements for providing the assistance required have never been clearly defined; calls for a more operational implementation of this instrument and joint efforts to clarify its scope;
2019/11/12
Committee: AFET
Amendment 84 #

2017/0360R(NLE)

Draft opinion
Paragraph 4 a (new)
4a. Condemns that Poland has introduced "LGBT-free zones" which now has been declared in a third of Polish municipalities, and seriously violates human rights and discriminates LGBT- people;
2020/06/10
Committee: FEMM
Amendment 98 #

2017/0360R(NLE)

Draft opinion
Paragraph 6 a (new)
6a. Recalls that Parliament must give its consent to the MFF; reiterates its demand for a mechanism to protect the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States and stands ready not to give its consent on the MFF should there not be a political agreement on such a mechanism;
2020/06/10
Committee: FEMM
Amendment 2 #

2016/0062R(NLE)

Motion for a resolution
Citation 4 a (new)
— having regard to the Explanatory Report to the Council of Europe Convention on preventing and combating violence against women and domestic violence,
2022/12/08
Committee: LIBEFEMM
Amendment 4 #

2016/0062R(NLE)

Motion for a resolution
Citation 7
— having regard to Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal opportunities and equal treatment of men and women in the access to and supply of goods and services4 , which defines and condemns harassment and sexual harassment, _________________ 4 OJ L 373, 21.12.2004, p. 37.
2022/12/08
Committee: LIBEFEMM
Amendment 7 #

2016/0062R(NLE)

Motion for a resolution
Citation 11 a (new)
— having regard to the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 195030, and in particular to Articles 2, 3, 8, 14, and the Protocol No. 12 to the Convention,
2022/12/08
Committee: LIBEFEMM
Amendment 10 #
2022/12/08
Committee: LIBEFEMM
Amendment 12 #
2022/12/08
Committee: LIBEFEMM
Amendment 15 #

2016/0062R(NLE)

Motion for a resolution
Citation 14 a (new)
— having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women in 1995, and to the subsequent monitoring reports adopted at the United Nations Beijing + 5(2000), Beijing + 10 (2005), Beijing + 15 (2010), Beijing + 20 (2015) and2020 UN Women Report ‘Gender equality: women’s rights in review 25 years after Beijing’,
2022/12/08
Committee: LIBEFEMM
Amendment 21 #
2022/12/08
Committee: LIBEFEMM
Amendment 35 #
2022/12/08
Committee: LIBEFEMM
Amendment 48 #
2022/12/08
Committee: LIBEFEMM
Amendment 49 #

2016/0062R(NLE)

Motion for a resolution
Citation 30 b (new)
— having regard to the 2021 report of the European Institutefor Gender Equality entitled ‘The costs of gender- based violence in the European Union’,
2022/12/08
Committee: LIBEFEMM
Amendment 51 #
2022/12/08
Committee: LIBEFEMM
Amendment 52 #

2016/0062R(NLE)

Motion for a resolution
Citation 30 d (new)
30 d having regard to the European Commission proposal for a Directive of the European Parliament and the Council on combating violence against women and domestic violence,
2022/12/08
Committee: LIBEFEMM
Amendment 66 #

2016/0062R(NLE)

Motion for a resolution
Recital B
B. whereas gender-based violence against women and girls is a severe form of gender inequality and discrimination; is a violation of women’s human rights, and is a serious obstacle to the participation of women in social, public and political life and in the labour market and make them unable to fully enjoy their rights and fundamental freedoms;
2022/12/08
Committee: LIBEFEMM
Amendment 70 #

2016/0062R(NLE)

Motion for a resolution
Recital B a (new)
B a. whereas gender-based violence against women and girls is a structural and widespread problem throughout Europe and the world, and is a phenomenon that involves victims and perpetrators irrespective of their age, education, income, social status, cultural backgrounds and is linked to the unequal and unfair distribution of power between women and men in our societies; and whereas anyone can be a victim of potential gender-based violence, women are disproportionately affected by all forms of such violence, including domestic violence, due to structural gender discrimination and unequal distribution of power and resources between women and men in public and private spheres;
2022/12/08
Committee: LIBEFEMM
Amendment 83 #

2016/0062R(NLE)

Motion for a resolution
Recital C a (new)
C a. whereas the EU must take all necessary measures to promote and protect the right of all women and girls to live free from violence;
2022/12/08
Committee: LIBEFEMM
Amendment 86 #

2016/0062R(NLE)

Motion for a resolution
Recital D
D. whereas gender-based violence against women and girls can affect many fundamental rights enshrined in the Charter; which include the right to human dignity (Article 1), the right to life (Article 2), the right to the integrity of the person (Article 3), the prohibition of torture and inhuman or degrading treatment (Article 4), the right to liberty and security (Article 6), the right to freedom from discrimination, including on the grounds of sex (Article 21), and the right to an effective remedy and to a fair trial;
2022/12/08
Committee: LIBEFEMM
Amendment 102 #

2016/0062R(NLE)

E a. whereas gender-based violence, in particular sexual violence, directly and indirectly affects its victims and has long- lasting negative impact on their physical, emotional and mental well-being and whereas gender-based violence affects one third of women and girls in the EU and whereas a new survey by the Fundamental Rights Agency is being conducted to update this data;
2022/12/08
Committee: LIBEFEMM
Amendment 118 #
2022/12/08
Committee: LIBEFEMM
Amendment 119 #

2016/0062R(NLE)

Motion for a resolution
Recital F b (new)
F b. whereas the 1993 United Nations Declaration on the Elimination of Violence against Women and the Beijing UN Platform for Action defined violence against as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life;
2022/12/08
Committee: LIBEFEMM
Amendment 123 #

2016/0062R(NLE)

Motion for a resolution
Recital G a (new)
G a. whereas the Victims’ Rights Directive defines gender-based violence as violence that is directed against a person because of that person’s gender, gender identity or gender expression or that affects persons of a particular gender disproportionately, and it may result in physical, sexual, emotional or psychological harm or economic loss to the victim;
2022/12/08
Committee: LIBEFEMM
Amendment 126 #

2016/0062R(NLE)

Motion for a resolution
Recital G b (new)
G b. whereas gender-based violence against women and girls has been recognized by the international community as a violation of human rights which should be addressed comprehensively, and despite all the efforts which have been made by the international organizations, civil society, and state authorities to eradicate gender- based violence against women and girls, it remains pervasive and manifests in new forms such as cyber violence, cyber harassment, cyber stalking and non- consensual distribution of intimate material (photos and videos) through social media;
2022/12/08
Committee: LIBEFEMM
Amendment 129 #

2016/0062R(NLE)

Motion for a resolution
Recital G c (new)
G c. whereas often efforts to eradicate gender-based violence against women and girls are contested or weakened in the name of tradition, culture, religion or fundamentalist ideologies, and are categorised and undermined as a so- called ‘gender ideology’ which is depicted as a threat to defined traditional norms or values and so called traditional concept of the family;
2022/12/08
Committee: LIBEFEMM
Amendment 158 #

2016/0062R(NLE)

Motion for a resolution
Recital M a (new)
M a. whereas rape culture, as a complex of beliefs that encourages male sexual aggression and supports violence against women, is still a widespread problem throughout Europe and the world which manifests in normalising or trivialising sexual violence, rape or sexual harassment, is rooted in gender stereotypes, sexism, misogyny and the unequal distribution of power across genders;
2022/12/08
Committee: LIBEFEMM
Amendment 189 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 3 a (new)
3 a. Reaffirms its commitment to pursue a comprehensive approach to gender-based violence against women and girls and LGBTIQ+ persons at EU level and to ensure a follow-up of its recommendations which have been proposed in a number of resolutions;
2022/12/08
Committee: LIBEFEMM
Amendment 206 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 5
5. Notes that the Istanbul Convention benefits from 10 years of functioning and practice through its unique monitoring and implementation system through GREVIO; Stresses the importance of this interactive exchange and process between GREVIO and the participating members;
2022/12/08
Committee: LIBEFEMM
Amendment 209 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 5 a (new)
5 a. Recalls that, in order to ensure effective implementation of the Istanbul Convention, a two-pillar monitoring mechanism was established: GREVIO which conducts a country by country report and the Committee of the Parties;
2022/12/08
Committee: LIBEFEMM
Amendment 211 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 5 b (new)
5 b. Points out that also women with disabilities and mothers of children with disabilities encountered obstacles in reporting violence and gaining access to justice system, and as GREVIO reported it, including the inaccessibility of police premises, a lack of training and stereotypes of law enforcement officials as well as the lack of information in accessible formats about the assistance to victims of violence and available services;
2022/12/08
Committee: LIBEFEMM
Amendment 221 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 8
8. Calls for a constructive dialogue with the Council and Member States in cooperation with the Council of Europe to address Member States’ reservations, objections and concerns and clarify misleading interpretations of the Istanbul Convention in order to make progress in this area; Urges Member States to speed up negotiations on the ratification and implementation of the Istanbul Convention and to strongly condemn all attempts to retract measures already taken in implementing the Istanbul Convention and in combating violence against women;
2022/12/08
Committee: LIBEFEMM
Amendment 235 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 10
10. Points out that while all Member States have already signed the Istanbul Convention, six have not ratified it yet; underlines that the EU’s accession to the Istanbul Convention does not exempt Member States from national ratification and thus strongly encourages the remaining Member States Bulgaria, the Czech Republic, Hungary, Latvia, Lithuania and Slovakia that have not already done so to ratify the Convention without delay;
2022/12/08
Committee: LIBEFEMM
Amendment 240 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 10 a (new)
10 a. Strongly condemns all initiatives that pursue to replace the Istanbul Convention with any alternative document which is not based on the same approach towards gender discrimination and gender power relations;
2022/12/08
Committee: LIBEFEMM
Amendment 246 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 11
11. Notes with concern the growing opposition towards the Istanbul Convention in some Member States and the attempts to disparage the Convention and its positive impact on the eradication of gender-based violence; condemns all attempts to spread disinformation about the Istanbul Convention; and to evoke fears among societies about the allegedly destructive impact of the Convention on family and traditional gender roles;
2022/12/08
Committee: LIBEFEMM
Amendment 251 #

2016/0062R(NLE)

12. Calls on Member States to take into account the conclusions of the Mid-term Horizontal Review of GREVIO baseline evaluation reports24 ; and to improve their national frameworks for preventing and combating gender-based violence, including their national laws, in order to ensure proper implementation and enforcement of the Istanbul Convention; _________________ 24 https://rm.coe.int/prems-010522-gbr- grevio-mid-term-horizontal-review-rev- february-2022/1680a58499
2022/12/08
Committee: LIBEFEMM
Amendment 270 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 15 a (new)
15 a. Considering the extent and gravity of gender-based violence and sexual harassment in the workplace, calls on the Member States to ratify and implement ILO Violence and Harassment Convention No. 190;
2022/12/08
Committee: LIBEFEMM
Amendment 271 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 15 b (new)
15 b. Strongly affirms that the denial of sexual and reproductive health and rights services, including safe and legal abortion, is a form of violence against women and girls; reiterates that women and girls must have control over their bodies and sexualities; calls on all the Member States to guarantee comprehensive sexuality education, ready access for women to family planning, and the full range of reproductive and sexual health services, including modern contraceptive methods and safe and legal abortion. Notes thus with deep concern that in some Member States sexual and reproductive rights of women are on threat and that in fact Poland banned safe and legal abortion; calls on these Member States to withdraw from these initiatives and to ensure that women have full access to affordable reproductive and sexual health services;
2022/12/08
Committee: LIBEFEMM