909 Amendments of Sven SIMON
Amendment 1 #
2024/2008(ACI)
Proposal for a decision
Citation 3
Citation 3
- having regard to Article 132 of the Treaty of the European Union,
Amendment 1 #
2024/2008(ACI)
Proposal for a decision
Citation 3
Citation 3
- having regard to Article 132 of the Treaty of the European Union,
Amendment 3 #
2024/2008(ACI)
Proposal for a decision
Recital -A (new)
Recital -A (new)
-A. whereas the rule of law is of paramount importance for the functioning of the Union; whereas all acts of the Union require a legal basis in the Treaties; whereas there is no such legal basis for an interinstitutional ethics body;
Amendment 3 #
2024/2008(ACI)
Proposal for a decision
Recital -A (new)
Recital -A (new)
-A. whereas the rule of law is of paramount importance for the functioning of the Union; whereas all acts of the Union require a legal basis in the Treaties; whereas there is no such legal basis for an interinstitutional ethics body;
Amendment 4 #
2024/2008(ACI)
Proposal for a decision
Recital A
Recital A
A. whereas the independence, transparency and accountability of EU institutions are of the utmost importance for their democratic legitimacy and for fostering citizens’ trust; whereas the European Parliament today ranks amongst the most transparent legislatures in the world;
Amendment 4 #
2024/2008(ACI)
Proposal for a decision
Recital A
Recital A
A. whereas the independence, transparency and accountability of EU institutions are of the utmost importance for their democratic legitimacy and for fostering citizens’ trust; whereas the European Parliament today ranks amongst the most transparent legislatures in the world;
Amendment 5 #
2024/2008(ACI)
Proposal for a decision
Recital B
Recital B
B. whereas there is a need to address the shortcomings stemming fromof the implementation of the current ethics framework, whi as existing rules were not enforced in incidents such ias fragmented across the EU institutions, bodies,‘Qatargate’; whereas under the current Treaties every EU institution is responsible for its own rules on standards in public offices and agencies, with different rules, procedures and levels of enforcementharmonisation of some of these rules is desirable;
Amendment 5 #
2024/2008(ACI)
Proposal for a decision
Recital B
Recital B
B. whereas there is a need to address the shortcomings stemming fromof the implementation of the current ethics framework, whi as existing rules were not enforced in incidents such ias fragmented across the EU institutions, bodies,‘Qatargate’; whereas under the current Treaties every EU institution is responsible for its own rules on standards in public offices and agencies, with different rules, procedures and levels of enforcementharmonisation of some of these rules is desirable;
Amendment 6 #
2024/2008(ACI)
Proposal for a decision
Recital C
Recital C
C. whereas Parliament propos’s negotiation mandate is defined, in its resolution of 16 September 2021, and reiterated, in its subsequent resolutions of 16 February 2023 and 12 July 2023, to set up an ambitious, genuine and independent ethics body;on strengthening transparency and integrity in the EU institutions by setting up an independent EU ethics body1a and its subsequent resolutions of 16 February 2023 on the establishment of an independent EU ethics body1b and 12 July 2023 on the establishment of the EU ethics body1c; whereas that mandate to support the set up of an ethics body fully includes the Council and the European Council; _____________ 1a OJ C 117, 11.3.2022, p. 159._ 1b Texts adopted, P9_(2023)0055. 1c Texts adopted, P9_TA(2023)0281.
Amendment 6 #
2024/2008(ACI)
Proposal for a decision
Recital C
Recital C
C. whereas Parliament propos’s negotiation mandate is defined, in its resolution of 16 September 2021, and reiterated, in its subsequent resolutions of 16 February 2023 and 12 July 2023, to set up an ambitious, genuine and independent ethics body;on strengthening transparency and integrity in the EU institutions by setting up an independent EU ethics body1a and its subsequent resolutions of 16 February 2023 on the establishment of an independent EU ethics body1b and 12 July 2023 on the establishment of the EU ethics body1c; whereas that mandate to support the set up of an ethics body fully includes the Council and the European Council; _____________ 1a OJ C 117, 11.3.2022, p. 159._ 1b Texts adopted, P9_(2023)0055. 1c Texts adopted, P9_TA(2023)0281.
Amendment 7 #
2024/2008(ACI)
Proposal for a decision
Recital C a (new)
Recital C a (new)
Ca. whereas the term “ethics” is legally undefined and may lead to a misinterpretation of the role of the body in the future; whereas precedent in Member States establishes more appropriate terms such as “standards in public office”;
Amendment 7 #
2024/2008(ACI)
Proposal for a decision
Recital C a (new)
Recital C a (new)
Ca. whereas the term “ethics” is legally undefined and may lead to a misinterpretation of the role of the body in the future; whereas precedent in Member States establishes more appropriate terms such as “standards in public office”;
Amendment 8 #
2024/2008(ACI)
Proposal for a decision
Recital D
Recital D
D. whereas the Commission presented its proposal for the establishment of an interinstitutional ethics body on 8 June 2023, putting forward a standard-setting body mainly lacking capacin line wityh to examine individual cases and potential breaches of ethical ruleshe Treaties, however retaining the questionable term “ethics body”;
Amendment 8 #
2024/2008(ACI)
Proposal for a decision
Recital D
Recital D
D. whereas the Commission presented its proposal for the establishment of an interinstitutional ethics body on 8 June 2023, putting forward a standard-setting body mainly lacking capacin line wityh to examine individual cases and potential breaches of ethical ruleshe Treaties, however retaining the questionable term “ethics body”;
Amendment 10 #
2024/2008(ACI)
Proposal for a decision
Recital E a (new)
Recital E a (new)
Ea. whereas the conclusion of the Agreement does not reflect the mandate; whereas Parliament needs to consider its position in light of the draft Agreement;
Amendment 10 #
2024/2008(ACI)
Proposal for a decision
Recital E a (new)
Recital E a (new)
Ea. whereas the conclusion of the Agreement does not reflect the mandate; whereas Parliament needs to consider its position in light of the draft Agreement;
Amendment 11 #
2024/2008(ACI)
Proposal for a decision
Recital F
Recital F
F. whereas an interinstitutional ethics body willbody for standards in public office has the potential to contribute to strengthening trust in Union institutions and their democratic legitimacy, as well as to building an institutional culture based on the highest ethical standardsclearly defined rules that are enforced;
Amendment 11 #
2024/2008(ACI)
Proposal for a decision
Recital F
Recital F
F. whereas an interinstitutional ethics body willbody for standards in public office has the potential to contribute to strengthening trust in Union institutions and their democratic legitimacy, as well as to building an institutional culture based on the highest ethical standardsclearly defined rules that are enforced;
Amendment 12 #
2024/2008(ACI)
Proposal for a decision
Recital G
Recital G
G. whereas Parliament’s current ethical rules in its Rules of pProcedure provide for many standardised written declarations including declarations of private interests, declarations of assets, declarations on awareness of conflict of interests for office holders, rapporteurs, shadow-rapporteurs and participants in an official delegation or interinstitutional negotiations, declarations of scheduled meetings with interest representatives, also when delegated to their assistants, declarations of input by the rapporteurs on their files, declarations of attendance at events organised by third parties, declarations of gifts and declarations of intergroups or informal groupings on external financial support; whereas the scope of these declarations needs to be streamlined in the next legislative term;
Amendment 12 #
2024/2008(ACI)
Proposal for a decision
Recital G
Recital G
G. whereas Parliament’s current ethical rules in its Rules of pProcedure provide for many standardised written declarations including declarations of private interests, declarations of assets, declarations on awareness of conflict of interests for office holders, rapporteurs, shadow-rapporteurs and participants in an official delegation or interinstitutional negotiations, declarations of scheduled meetings with interest representatives, also when delegated to their assistants, declarations of input by the rapporteurs on their files, declarations of attendance at events organised by third parties, declarations of gifts and declarations of intergroups or informal groupings on external financial support; whereas the scope of these declarations needs to be streamlined in the next legislative term;
Amendment 13 #
2024/2008(ACI)
Proposal for a decision
Paragraph 1
Paragraph 1
1. WelcomeRejects the Agreement allowing for strong common ethical standards and for individual cases to be examined by the independent experts at the request of an institution or an advisory body that is a party to the Agreement regarding any declaration of their Memberss it constitutes an attack on the functioning of the Parliament; calls for the defence of parliamentary independence; questions the independence of the third-party experts referred to in the agreement; expresses grave concern concerning the potentially chilling effects on the rule of law if this agreement is taken as an example at national level;
Amendment 13 #
2024/2008(ACI)
Proposal for a decision
Paragraph 1
Paragraph 1
1. WelcomeRejects the Agreement allowing for strong common ethical standards and for individual cases to be examined by the independent experts at the request of an institution or an advisory body that is a party to the Agreement regarding any declaration of their Memberss it constitutes an attack on the functioning of the Parliament; calls for the defence of parliamentary independence; questions the independence of the third-party experts referred to in the agreement; expresses grave concern concerning the potentially chilling effects on the rule of law if this agreement is taken as an example at national level;
Amendment 15 #
2024/2008(ACI)
Proposal for a decision
Paragraph 2
Paragraph 2
2. Underlines the fact that the final decision-making powerat a publication onf implementation remains with the relevant authorities of the institutions or bodies; notes that any consultation of the independent experts on an individual cnvestigations and suspicions even in cases where no conflict of interest hase begins with a request of a party to the Agreement aen established is pregards its own membersjudicial;
Amendment 15 #
2024/2008(ACI)
Proposal for a decision
Paragraph 2
Paragraph 2
2. Underlines the fact that the final decision-making powerat a publication onf implementation remains with the relevant authorities of the institutions or bodies; notes that any consultation of the independent experts on an individual cnvestigations and suspicions even in cases where no conflict of interest hase begins with a request of a party to the Agreement aen established is pregards its own membersjudicial;
Amendment 19 #
2024/2008(ACI)
Proposal for a decision
Paragraph 3
Paragraph 3
3. RegretNotes that the European Council decided not to join the ACouncil decided to join the Agreement only in enforcement mechanisms; points out an inter- institutional power imbalance arising from this; calls on Parliament to refuse to sign the Agreement and to resume the negotiations until all institutions fully take part in an interinstitutional agreement;
Amendment 19 #
2024/2008(ACI)
Proposal for a decision
Paragraph 3
Paragraph 3
3. RegretNotes that the European Council decided not to join the ACouncil decided to join the Agreement only in enforcement mechanisms; points out an inter- institutional power imbalance arising from this; calls on Parliament to refuse to sign the Agreement and to resume the negotiations until all institutions fully take part in an interinstitutional agreement;
Amendment 20 #
2024/2008(ACI)
Proposal for a decision
Paragraph 4
Paragraph 4
4. RegreHighlights the unwillingness of the Council not to allow an extension of the scope of the Agreement to at least the representatives at ministerial level of the Member State holding the Presidency of the Council, by arguing that there is no legal basis in the Treaties to adopt common minimum standards applying to the representatives of Member States; is of the opinion that Members of the Council, like Members of the European Parliament, could be bound by the rules set by the Council pursuant to its power of self- organisation, which would prevail in the event of a conflict with national rules; underlines, in this context, that representatives of the Member States gathered in the Council act in their capacity as Members of the Council when adopting EU legal acts; commits to seeking a legal clarification as to whether the Council could bind its Members by common minimum standards;
Amendment 20 #
2024/2008(ACI)
Proposal for a decision
Paragraph 4
Paragraph 4
4. RegreHighlights the unwillingness of the Council not to allow an extension of the scope of the Agreement to at least the representatives at ministerial level of the Member State holding the Presidency of the Council, by arguing that there is no legal basis in the Treaties to adopt common minimum standards applying to the representatives of Member States; is of the opinion that Members of the Council, like Members of the European Parliament, could be bound by the rules set by the Council pursuant to its power of self- organisation, which would prevail in the event of a conflict with national rules; underlines, in this context, that representatives of the Member States gathered in the Council act in their capacity as Members of the Council when adopting EU legal acts; commits to seeking a legal clarification as to whether the Council could bind its Members by common minimum standards;
Amendment 24 #
2024/2008(ACI)
Proposal for a decision
Paragraph 5
Paragraph 5
5. Is of the opinion that theExpresses grave concern at the inclusion of so-called independent experts, which shall be appointed by consensus of the parties to the Agreement, shall have professional experience specifically in the areas of ethics, integrity and transparency, in addi in the event of the ratification tof the requirements outlined in Article 5(2) of the Agreement referring to an impeccable record of professional behaviouAgreement; calls for the introduction of a confirmatory vote in Parliament for andy expterience in high-level functions in European, national, or international public organisationsnal experts prior to them taking up their office;
Amendment 24 #
2024/2008(ACI)
Proposal for a decision
Paragraph 5
Paragraph 5
5. Is of the opinion that theExpresses grave concern at the inclusion of so-called independent experts, which shall be appointed by consensus of the parties to the Agreement, shall have professional experience specifically in the areas of ethics, integrity and transparency, in addi in the event of the ratification tof the requirements outlined in Article 5(2) of the Agreement referring to an impeccable record of professional behaviouAgreement; calls for the introduction of a confirmatory vote in Parliament for andy expterience in high-level functions in European, national, or international public organisationsnal experts prior to them taking up their office;
Amendment 25 #
2024/2008(ACI)
Proposal for a decision
Paragraph 6
Paragraph 6
6. Emphasises the essential role of the independent experts in examining individual cases at the request of a party to the Agreement; is of the opinion that each partyunderlines a potential conflict of interest of NGO representatives sendrving a small random sample of cases to the independent experts would be highly beneficial for the purpose of developing or updating an ethical standards de facto judges in a trial by public opinion of elected Parliamentarians;
Amendment 25 #
2024/2008(ACI)
Proposal for a decision
Paragraph 6
Paragraph 6
6. Emphasises the essential role of the independent experts in examining individual cases at the request of a party to the Agreement; is of the opinion that each partyunderlines a potential conflict of interest of NGO representatives sendrving a small random sample of cases to the independent experts would be highly beneficial for the purpose of developing or updating an ethical standards de facto judges in a trial by public opinion of elected Parliamentarians;
Amendment 27 #
2024/2008(ACI)
Proposal for a decision
Paragraph 7
Paragraph 7
Amendment 27 #
2024/2008(ACI)
Proposal for a decision
Paragraph 7
Paragraph 7
Amendment 28 #
2024/2008(ACI)
Proposal for a decision
Paragraph 8
Paragraph 8
8. Believes that the reasoned recommendation of the independent experts, without prejudice to the General Data Protection Regulation and personal rights, should be made public by the institution or body, together with the decision of the competent authority who should provide an explaRequests that the independent experts sign a non-disclosure agreement including a sworn affidavit under Belgian law prior to taking office and underlines that any breach of confidentiality shall result in termination iof the recommendations are not fully followedoffice as well as criminal liability;
Amendment 28 #
2024/2008(ACI)
Proposal for a decision
Paragraph 8
Paragraph 8
8. Believes that the reasoned recommendation of the independent experts, without prejudice to the General Data Protection Regulation and personal rights, should be made public by the institution or body, together with the decision of the competent authority who should provide an explaRequests that the independent experts sign a non-disclosure agreement including a sworn affidavit under Belgian law prior to taking office and underlines that any breach of confidentiality shall result in termination iof the recommendations are not fully followedoffice as well as criminal liability;
Amendment 31 #
2024/2008(ACI)
Proposal for a decision
Paragraph 9
Paragraph 9
9. Remains committed to constructively engaging in the review of the Agreement which is to be conducted three years after its entry into force in order to improve and enhance the ethics body, as provided for in Article 21 of the Agreementannually; calls for a confirmatory vote by Parliament whether to remain party to the Agreement 12 months after its entry into force;
Amendment 31 #
2024/2008(ACI)
Proposal for a decision
Paragraph 9
Paragraph 9
9. Remains committed to constructively engaging in the review of the Agreement which is to be conducted three years after its entry into force in order to improve and enhance the ethics body, as provided for in Article 21 of the Agreementannually; calls for a confirmatory vote by Parliament whether to remain party to the Agreement 12 months after its entry into force;
Amendment 34 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10
Paragraph 10
10. ADoes not approves the conclusion of the Agreement annexed hereto and calls for its renegotiation;
Amendment 34 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10
Paragraph 10
10. ADoes not approves the conclusion of the Agreement annexed hereto and calls for its renegotiation;
Amendment 35 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls to establish a body for standards in public office instead; notes that such a body should have the authority to set standards for all institutions and to guide Members and institutions in implementing those standards;
Amendment 35 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls to establish a body for standards in public office instead; notes that such a body should have the authority to set standards for all institutions and to guide Members and institutions in implementing those standards;
Amendment 36 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Asks for the body to be renamed the “Standards for Public Office Commission” in line with precedent in Member States;
Amendment 36 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Asks for the body to be renamed the “Standards for Public Office Commission” in line with precedent in Member States;
Amendment 37 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the President not to sign the Agreement unless the Council either joins the agreement as a full member or is no longer a party to the agreement at all;
Amendment 37 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the President not to sign the Agreement unless the Council either joins the agreement as a full member or is no longer a party to the agreement at all;
Amendment 38 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Insists that the secretariat of the body be hosted by the European Parliament;
Amendment 38 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Insists that the secretariat of the body be hosted by the European Parliament;
Amendment 39 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Stresses that the body should set clearly-defined legal rules instead of vaguely defined ethical standards; calls for the renegotiation of the Agreement to this end;
Amendment 39 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Stresses that the body should set clearly-defined legal rules instead of vaguely defined ethical standards; calls for the renegotiation of the Agreement to this end;
Amendment 40 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Insists that the appointment of independent experts should not be renewable;
Amendment 40 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Insists that the appointment of independent experts should not be renewable;
Amendment 41 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 e (new)
Paragraph 10 e (new)
10e. Calls on the Parties to renegotiate the agreement to ensure that the body provides for the harmonisation of standards instead of the investigation of individual cases;
Amendment 41 #
2024/2008(ACI)
Proposal for a decision
Paragraph 10 e (new)
Paragraph 10 e (new)
10e. Calls on the Parties to renegotiate the agreement to ensure that the body provides for the harmonisation of standards instead of the investigation of individual cases;
Amendment 42 #
2024/2008(ACI)
Proposal for a decision
Paragraph 11
Paragraph 11
11. Instructs its President to signissue a letter with the intention of re-negotiating the Agreement with the President of the Council, the President of the Commission, the President of the Court of Justice of the European Union, the President of the European Central Bank, the President of the Court of Auditors, the President of the European Economic and Social Committee and the President of the Committee of the Regions and arrange for its publication in the Official Journal of the European Union;
Amendment 42 #
2024/2008(ACI)
Proposal for a decision
Paragraph 11
Paragraph 11
11. Instructs its President to signissue a letter with the intention of re-negotiating the Agreement with the President of the Council, the President of the Commission, the President of the Court of Justice of the European Union, the President of the European Central Bank, the President of the Court of Auditors, the President of the European Economic and Social Committee and the President of the Committee of the Regions and arrange for its publication in the Official Journal of the European Union;
Amendment 43 #
2024/2008(ACI)
1. The European Parliament, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European Central Bank, the European Court of Auditors, the European Economic and Social Committee and the European Committee of the Regions (‘the Parties’) establish by this Agreement an interinstitutional framework for cooperation on ethical standards setting up an interinstitutional body for ethical standards (‘the Body’) for the members of the Parties.
Amendment 43 #
2024/2008(ACI)
1. The European Parliament, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European Central Bank, the European Court of Auditors, the European Economic and Social Committee and the European Committee of the Regions (‘the Parties’) establish by this Agreement an interinstitutional framework for cooperation on ethical standards setting up an interinstitutional body for ethical standards (‘the Body’) for the members of the Parties.
Amendment 44 #
2024/2008(ACI)
1. The European Parliament, the European Commission, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European Central Bank, the European Court of Auditors, the European Economic and Social Committee and the European Committee of the Regions (‘the Parties’) establish by this Agreement an interinstitutional framework for cooperation on ethical standards setting up an interinstitutional body for ethical standards in public office (‘the Body’) for the members of the Parties.
Amendment 44 #
2024/2008(ACI)
1. The European Parliament, the European Commission, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European Central Bank, the European Court of Auditors, the European Economic and Social Committee and the European Committee of the Regions (‘the Parties’) establish by this Agreement an interinstitutional framework for cooperation on ethical standards setting up an interinstitutional body for ethical standards in public office (‘the Body’) for the members of the Parties.
Amendment 45 #
2024/2008(ACI)
(ba) the members of the Council of the European Union in relation to the exercise of their Union mandate;
Amendment 45 #
2024/2008(ACI)
(ba) the members of the Council of the European Union in relation to the exercise of their Union mandate;
Amendment 46 #
2024/2008(ACI)
5. The term of the independent experts shall be 3 years, renewable once. If an independent expert ceases office before the completion of the 3-year term or if the Parties decide by consensus to revoke the appointment of an independent expert, the Parties shall appoint by consensus a new independent expert for 3 years.
Amendment 46 #
2024/2008(ACI)
5. The term of the independent experts shall be 3 years, renewable once. If an independent expert ceases office before the completion of the 3-year term or if the Parties decide by consensus to revoke the appointment of an independent expert, the Parties shall appoint by consensus a new independent expert for 3 years.
Amendment 47 #
2024/2008(ACI)
6. For purely administrative purposes, the independent experts shall receive the status of Special Adviser from the Commission and shall be administratively attached to the Commission. TheyThe independent experts shall be reimbursed the travelling and accommodation expenses they incur when carrying out their duties. They shall receive a per diem allowance per day of work calculated on the basis of the remuneration of a Union official in grade AD12.
Amendment 47 #
2024/2008(ACI)
6. For purely administrative purposes, the independent experts shall receive the status of Special Adviser from the Commission and shall be administratively attached to the Commission. TheyThe independent experts shall be reimbursed the travelling and accommodation expenses they incur when carrying out their duties. They shall receive a per diem allowance per day of work calculated on the basis of the remuneration of a Union official in grade AD12.
Amendment 48 #
2024/2008(ACI)
1. If deemed to be particularly relevant by a Party, either for cases which require specific consideration or for the purpose of developing or updating an ethical standard, the Party may consult and submit questions to the independent experts on the compliance of declarations of interests or any other standardised written declarations, or elements or drafts of such declarations, of its own members with the common minimum standards developed by the Body and reflected by the Party in its internal rules. Pending agreement on common minimum standards such questions may be referred to the independent experts based on other relevant standards applicable to the Party.
Amendment 48 #
2024/2008(ACI)
1. If deemed to be particularly relevant by a Party, either for cases which require specific consideration or for the purpose of developing or updating an ethical standard, the Party may consult and submit questions to the independent experts on the compliance of declarations of interests or any other standardised written declarations, or elements or drafts of such declarations, of its own members with the common minimum standards developed by the Body and reflected by the Party in its internal rules. Pending agreement on common minimum standards such questions may be referred to the independent experts based on other relevant standards applicable to the Party.
Amendment 49 #
2024/2008(ACI)
1. The Body shall assess the necessity for an update of common minimum standards where one or more members of the Bodthe Body unanimously considers that a review is necessary.
Amendment 49 #
2024/2008(ACI)
1. The Body shall assess the necessity for an update of common minimum standards where one or more members of the Bodthe Body unanimously considers that a review is necessary.
Amendment 50 #
2024/2008(ACI)
8. The self-assessment and the report shall be made public on the website of the Bodavailable only to Parties and subject to confidentiality.
Amendment 50 #
2024/2008(ACI)
8. The self-assessment and the report shall be made public on the website of the Bodavailable only to Parties and subject to confidentiality.
Amendment 51 #
2024/2008(ACI)
2. The Secretariat shall be formally hosted inat the CommissionEuropean Parliament in Brussels and operate under the coordination of the official who, within the Party chairing the Body, is responsible for the ethical rules for the members of that Party, or an official specifically designated for that purpose by the Party chairing the Body (‘the coordinator’). The coordinator shall represent the Secretariat and shall oversee its day-to-day work, in the common interest of the Parties.
Amendment 51 #
2024/2008(ACI)
2. The Secretariat shall be formally hosted inat the CommissionEuropean Parliament in Brussels and operate under the coordination of the official who, within the Party chairing the Body, is responsible for the ethical rules for the members of that Party, or an official specifically designated for that purpose by the Party chairing the Body (‘the coordinator’). The coordinator shall represent the Secretariat and shall oversee its day-to-day work, in the common interest of the Parties.
Amendment 52 #
2024/2008(ACI)
2. The website shall, in particular, contain the following: (a) the composition of the Body, and the calendar of its meetings and the meeting agendas; (b) the common minimum standards; (c) the self-assessments and reports referred to in Article 10(1) and (6), respectively;deleted (d) all the applicable rules of all Parties in the areas covered by the common minimum standards.
Amendment 52 #
2024/2008(ACI)
2. The website shall, in particular, contain the following: (a) the composition of the Body, and the calendar of its meetings and the meeting agendas; (b) the common minimum standards; (c) the self-assessments and reports referred to in Article 10(1) and (6), respectively;deleted (d) all the applicable rules of all Parties in the areas covered by the common minimum standards.
Amendment 119 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 27 – paragraph 7 a (new)
Rule 27 – paragraph 7 a (new)
7a. The Conference of Presidents shall be the authority responsible for authorising committee and delegation meetings away from the usual places of work and interparliamentary meetings.
Amendment 131 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 47 – paragraph 4
Rule 47 – paragraph 4
4. WThere a proposal has financial implications, Parliament shall indicate how sufficient financial resources can be provided committee responsible for budgetary issues shall provide an opinion on the potential financial implications of the proposal.
Amendment 137 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 48 – paragraph 1 a (new)
Rule 48 – paragraph 1 a (new)
1a. Within one week of the referral, a committee or a political group may challenge the President’s referral to the committee responsible. In such a case, that committee or group shall provide a detailed written justification and a substantiated alternative based on Annex VI at least one week before the next meeting of the Conference of Presidents. The Conference of Presidents may decide to request a recommendation on the matter from the Conference of Committee Chairs. The Conference of Committee Chairs or its Chair shall adopt a recommendation within one week. The Conference of Presidents shall take a decision on the final referral at its first next meeting, provided that the transmission by the Conference of Committee Chairs of its recommendation has taken place at least one week before; otherwise the Conference of Presidents shall take a decision at its second next meeting. If no committee or political group challenges the President’s referral to the committee responsible within the deadline laid down in the first subparagraph, the President’s referral shall be considered to be final.
Amendment 148 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 48 – paragraph 2 a (new)
Rule 48 – paragraph 2 a (new)
2a. A committee to which the President has not referred the proposal for an opinion pursuant to paragraph 1 may request, in time before the referral of that proposal is announced in plenary, an authorisation from the Conference of Committee Chairs to draw up an opinion. That request shall be based on a written statement of reasons justifying the committee’s substantial competence for the subject matter of the proposal. The Conference of Committee Chairs shall take a decision within one week and inform the President thereof.
Amendment 160 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 54 – paragraph 4
Rule 54 – paragraph 4
4. Motions for resolutions submitted to Parliament shall be examined under the short presentation procedure set out in Rule 160 or submitted directly for a vote in plenary. Amendments to such motions for resolutions and requests for split votes or separate votes shall only be admissible for consideration in plenary if they are tabled either by the rapporteur, in order to take account of new information, or by at least one-tenth of the MembersMembers or a political group or groups reaching at least the medium threshold. Political groups may table alternative motions for resolutions in accordance with Rule 181(3). Rule 190 shall apply to the committee’s motion for a resolution and amendments thereto. Rule 190 shall also apply to the single vote on alternative motions for resolutions.
Amendment 166 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 56 – paragraph 2 – subparagraphs 1 a and 1 b
Rule 56 – paragraph 2 – subparagraphs 1 a and 1 b
The committee responsible shall set a deadline by which the opinion-giving committee must deliver its opinion if it is to be taken into account by the committee responsible. Any changes to the announced timetable shall be immediately communicated by the committee responsible to the opinion-giving committee or opinion-giving committees. The committee responsible shall not reach its final conclusions before that deadline has expired. The committee responsible shall put the amendments of the opinion- giving committees to the vote. Amendments from an opinion-giving committee which are not adopted by the committee responsible may be tabled by that opinion-giving committee directly for consideration by Parliament, except for opinions pursuant to Rule 93, Rule 118 and Annex V.
Amendment 169 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 56 – paragraph 2 – subparagraph 2
Rule 56 – paragraph 2 – subparagraph 2
Where the opinion does not concern a proposal for a legally binding act, it shall consist of suggestions for paamendments to the draft reports of the motion for a resolution submitted by the committee responsiblecommittee responsible. The timetable set by the committee responsible shall allow opinion-giving committees sufficient time to set a specific deadline to provide their amendments and to complete their work.
Amendment 172 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 56 – paragraph 2 – subparagraph 3
Rule 56 – paragraph 2 – subparagraph 3
The committee responsible shall put these amendments or suggestionf the opinion-giving committees to the vote.
Amendment 174 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 56 – paragraph 2 – subparagraph 4
Rule 56 – paragraph 2 – subparagraph 4
The opinions shall deal solely with those matters that fall within the areas of responsibility of the opinion-giving committee. Amendments falling outside the areas of responsibility of that opinion- giving committee shall not be admissible.
Amendment 197 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 71 – paragraph 2 – subparagraph 2
Rule 71 – paragraph 2 – subparagraph 2
If no such request is received by the expiry of the deadline laid down in the first subparagraph, the President shall inform Parliament that this is the case. If a request is made, the President may, immediately prior to the voteing session, give the floor to one speaker in favourfrom each political group to speak ofn the committee’s decision to enter into negotiations and to one speaker against that decision. Each speaker may make a statement lasting no more than twoone minutes.
Amendment 219 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule -136 (new)
Rule -136 (new)
Rule -136 Ad hoc special scrutiny hearings 1. In order to question one or more Commissioners, or any other relevant person, on an issue of major political importance, the Conference of Presidents may, upon a proposal by the President, by a committee or by Members or a political group or groups reaching at least the high threshold, convene at short notice an ad hoc special scrutiny hearing. 2. The Conference of Presidents shall determine the number of Members to be appointed for a given ad hoc special scrutiny hearing by the political groups and the non-attached Members. Where relevant, political groups shall ensure that the committees concerned are duly represented. 3. An ad hoc special scrutiny hearing shall be chaired by the President or, by delegation, by one of the Vice-Presidents. It shall be entirely public unless decided otherwise by the Conference of Presidents. 4. The speaking time allocated to a political group shall be treated as a block. Each political group shall distribute the speaking time within its block between those of its members who are participating in the hearing. Speaking time allocated to non-attached Members shall not be treated as a block. 5. Following the conclusion of the ad hoc special scrutiny hearing, its Chair may submit to the Conference of Presidents written recommendations on behalf of Members who participated at the hearing.
Amendment 230 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 158 – paragraph 1
Rule 158 – paragraph 1
1. At the beginning of each part- session, Parliament shall adopt its agenda. Amendments to the final draft agenda may be proposed by a committee, a political group or Members reaching at least the low threshold. Any such proposals must be received by the President at least one hour before the opening of the part-session. The President may give the floor to the mover and to one speaker against, and in each case for not more than one minute. In order to be adopted, any such amendment shall require the votes of a majority of the component Members of Parliament.
Amendment 237 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 167 – paragraph 4
Rule 167 – paragraph 4
4. At committee and delegation meetings away from the usual places of work, interpretation shall be provided from and into the languages of those members who have confirmed that they will attend the meeting. These arrangements shall be determined on the basis of the Code of Conduct on multilingualism and may exceptionally be made more flexible. The Bureau shall adopt the necessary provisions.
Amendment 251 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 207 – paragraph 1 a (new)
Rule 207 – paragraph 1 a (new)
1a. Before taking a decision on such a request, the Conference of Presidents may if a majority so required, seek a recommendation by the Conference of Committee Chairs.
Amendment 256 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 207 a (new)
Rule 207 a (new)
Rule 207a Ad-hoc temporary committees with legislative competences 1. When it results from the procedure in Rule 48 that a matter falls within the competence of more than three committees, without the competence of any committee prevailing, the Conference of Presidents may, on the basis of a recommendation by the Conference of Committee Chairs, propose to Parliament the setting up of an ad-hoc temporary committee with legislative competences to deal with a specific proposal for a legally binding act or a pre-legislative strategic document. The recommendation by the Conference of Committee Chairs shall indicate the committees responsible for scrutiny of the implementation of the legislation. 2. The numerical strength of an ad-hoc temporary committee with legislative competences shall be decided by Parliament, based on a proposal by the Conference of Presidents. Its term of office shall run from the date of its constitutive meeting until the adoption of the legally binding act, without prejudice to the need for scrutiny activities. In the case of a pre-legislative strategic document, its term of office shall run from the date of its constitutive meeting until the adoption of the report in plenary. Members of an ad-hoc temporary committee with legislative competences shall be appointed by the political groups and the non-attached Members. The Conference of Presidents shall decide whether one or more rapporteurs are to be appointed at the same time that the proposal is taken to set up the committee. 3. Other committees shall not be authorised to deliver opinions pursuant to Rule 56. 4. Ad-hoc temporary committees with legislative competences shall not have the right to deliver opinions to other committees.
Amendment 261 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 222 – paragraph 1 – point a
Rule 222 – paragraph 1 – point a
(a) shall task the committee responsible for the subject-matter according to Annex VI with organising the public hearing provided for in Article 14(2) of Regulation (EU) 2019/788; the committee responsible for petitions shall be automatically associatinvolved under Rule 576 and its governing principle of good and sincere cooperation;
Amendment 267 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 237 – paragraph 2
Rule 237 – paragraph 2
2. In accordance with Article 232 of the Treaty on the Functioning of the European Union, amendments to these Rules shall be adopted only if they secure the votes of a majority of the component Members of Parliament. If, during the votes on amendments to these Rules, a split vote takes place pursuant to Rule 185, the text which was subject to the split vote shall be put to the vote as a whole, amended or otherwise, and shall be adopted only if it secures the majority of the component Members of Parliament.
Amendment 269 #
2024/2000(REG)
Parliament’s Rules of Procedure
Annex VII – Article 3 – paragraph 3 – introductory part
Annex VII – Article 3 – paragraph 3 – introductory part
3. Appropriate arrangements shall be made to assllociate relevant committees where portfolios are mixedthe responsibilities for a confirmation hearing to committees. There are threewo options:
Amendment 270 #
2024/2000(REG)
Parliament’s Rules of Procedure
Annex VII – Article 3 – paragraph 3 – point a
Annex VII – Article 3 – paragraph 3 – point a
(a) if the portfolio of the Commissioner-designate falls within the remsponsibility of a single committee or of several committees but with the competence of one committee prevailing, the Commissioner-designate shall be heard by that committee alone (the committee responsible); other committees may be invited to participate in the confirmation hearing if the portfolio falls to a substantial extent within their remit;
Amendment 271 #
2024/2000(REG)
Parliament’s Rules of Procedure
Annex VII – Article 3 – paragraph 3 – point b
Annex VII – Article 3 – paragraph 3 – point b
(b) if significant parts of the portfolio of the Commissioner-designate falls more or less equally within the remsponsibility of more than one committeetwo or more committees without the competence of any of them prevailing, the Commissioner- designate shall be heard jointly by those committees (joint; other committees); and may be invited to participate in the confirmation hearing if the portfolio falls to a substantial extent within their remit.
Amendment 272 #
2024/2000(REG)
Parliament’s Rules of Procedure
Annex VII – Article 3 – paragraph 3 – point c
Annex VII – Article 3 – paragraph 3 – point c
Amendment 273 #
2024/2000(REG)
Parliament’s Rules of Procedure
Annex VII – Article 3 – paragraph 5 – subparagraph 1
Annex VII – Article 3 – paragraph 5 – subparagraph 1
The committees shall submit written questions to the Commissioners-designate in good time before the confirmation hearings. For each Commissioner- designate there shall be two common questions drafted by the Conference of Committee Chairs, the first of which shall relatinge to the issues of general competence, European commitment and personal independence, and the second of which shall relatinge to the management of the portfolio and cooperation with Parliament. The committee responsible shall submit five other questions; sub-questions shall not be allowed. In the case of joint. In the case the Commissioner designate is heard jointly by two or more committees, each of theym shall each be gihave the right to submit three questions. Each invited committee shall haven the right to submit three questionsone question. Sub-questions shall not be allowed.
Amendment 274 #
2024/2000(REG)
Parliament’s Rules of Procedure
Annex VII – Article 3 – paragraph 5 – subparagraph 2
Annex VII – Article 3 – paragraph 5 – subparagraph 2
The curriculum vitae of the Commissioners-designate and their response to the written questions shall be published on Parliament’s website in advance of the confirmation hearing.
Amendment 279 #
2024/2000(REG)
Parliament’s Rules of Procedure
Annex VII – Article 4 – paragraph 2
Annex VII – Article 4 – paragraph 2
2. In the case of jointthe Commissioner designate is heard jointly by two or more committees, the Chair and the coordinators of the committees concerned shall act jointly throughout the procedure, including by holding joint evaluation meetings.
Amendment 282 #
2024/2000(REG)
Parliament’s Rules of Procedure
Annex VII – Article 4 – paragraph 4 – point e
Annex VII – Article 4 – paragraph 4 – point e
(e) If, further to the application of point (d), coordinators representing a majority of at least two-thirds of the committee membershi belonging to a political group approve the Commissioner- designate, the Chair shall submit a letter on their behalf stating that a large majority approve the Commissioner-designate. Minority views shall be mentioned in that letter upon request.
Amendment 27 #
2023/2064(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Article 123 of the Treaty on the Functioning of the European Union prohibits monetary state financing;
Amendment 36 #
2023/2064(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the ECB’s primary objective is to maintain price stability, which it has defined as symmetric 2 % inflation over the medium term;
Amendment 57 #
2023/2064(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that price stability is a prerequisite for the ECB to deliver on its mandate to support the EU’s general economic policies, such as the green and digital transitions; stresses that price stability is essential for attracting long term investments; furthermore, considers that maintaining price stability is a prerequisite for the implementation of the EU's other policy objectives;
Amendment 72 #
2023/2064(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is deeply worried about the persistently high inflation rates, especially core inflation rates, and their detrimental impact on competitiveness, investments, job creation and the purchasing power of consumers; calls on the ECB to take all necessary measures to reduce the inflation rate in accordance with its mandate;
Amendment 78 #
2023/2064(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expresses concern about the high levels of debt and government deficits within the Member States and the risks that this entails; noteregrets that the situation is worse in the euro area than in non-euro area Member Statesome Member States have taken insufficient steps to reform their competitiveness and fiscal capacity whilst interest rates were low; stresses its particular concern over the rising debt financing costs; looks forward to the outcome of the Commission’s legislative proposals on revising the EU’s economic governance rules and welcomes the ECB’s opinion in this regard;
Amendment 86 #
2023/2064(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regretsiterates its condemnation of Russia’s ongoing aggression against Ukraine; agrees with member of the Executive Board Isabel Schnabel on the risk the war entails in terms of negative supply side shocks;
Amendment 92 #
2023/2064(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that not only dothreats to European competitiveness and the international role of the Euro do not only arise from persistently high levels of inflation, the ongoing war in Ukraine and high levels of debt in the Member States threaten the competitiveness of the European economy, and thus the international role of the euro as well, but also thebut also from upward price pressure following the implementation of the European Green Deal, the rise ofincreasingly burdensome costs of regulation and bureaucracy, the fragmentation and the rise of protectionism in global trade, and an impending subsidy race between states;
Amendment 98 #
2023/2064(INI)
7a. Stresses the need for comprehensive reforms on European and national level aimed at reducing the costs of bureaucracy as well as strengthening the EU’s competitive outlook to safeguard future growth and fiscal stability.
Amendment 106 #
2023/2064(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Echoes President Lagarde’s warning that fiscal support should be targeted and limited and should not hinder the task of monetary policy; points out that governments, as well as the Commission, can support citizens and industries not only through fiscal measures, but also by focusing on growth-enhancing reforms; notes, however, that the Eurozone's architecture has been designed on the premise of monetary dominance;
Amendment 159 #
2023/2064(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the inflation target level of symmetric 2 % in the medium term; observes that inflation has, thus far, either been well below or far above this target level; questions the scientific evidence for this 2 % target level, as well as the meaning of ‘medium term’; invites the ECB to look into a more qualitative approach to price stability;
Amendment 171 #
2023/2064(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that, the concept of market neutrality is related to the principle of an open market economy with free competition; deplores that the ECB has already deviated from market neutrality in several instances; calls on the ECB to respect the principle of market neutrality going forward;
Amendment 206 #
2023/2064(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes note of the ECB’s progress on the digital euro project and welcomes its dialogue with Parliament in this regard; reiterates that a digital euro must respect competition in the banking landscape, must not endanger the existence or use of cash and must respect the privacy of citizens and businesses; stresses that cultural difference between Member States regarding the importance of cash transactions must be respected;
Amendment 215 #
2023/2064(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the Basel III framework, as it will strengthen the resilience of the banking sector; warns about the risk of non-compliance; notes that bank supervision should be risk-based and not guided by secondary considerations;
Amendment 36 #
2023/2016(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets that the lead candidate system for the election of the President of the European Commission was not implemented at the last European elections; regrets further a lack of progress on this issue since 2019 by the European Council and the European Commission, who had committed to improve European democracy; acknowledges that this led to disappointment among many voters; believes that a clear and credible link between the choice of voters and the election of the Commission President is needed; calls on the European political parties, national political parties and national governments to work together to ensure this outcome at the next elections;
Amendment 37 #
2023/2016(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the European Council to provide certainty on the lead candidate system to European citizens and to put a stop to deals behind closed doors; urges to begin consultations for this purpose already this year, in view of implementing the lead candidate principle in light of the European elections’ outcome.
Amendment 41 #
2023/2016(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expects all European political parties to nominate their candidates for the position of President of the Commission at least 12 weeks before election day;
Amendment 45 #
2023/2016(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the establishment of an interinstitutional agreement between the Parliament and the European Council on the lead candidate system within the framework of Article 17(7) TEU; asks the President of the European Parliament to immediately start the preparatory work leading to such an agreement after the first session of the new Parliament following the elections; believes that European political parties and their respective parliamentary groups should engage in negotiations after the next European election to agree on behalf of the European Parliament on a common candidate to preside over the Commission before the European Council makes its proposalarliamentary groups should nominate, before the European Council makes its proposal, a common candidate to preside over the European Commission, namely the lead candidate of the European political party that has obtained the highest share of votes at European elections, who is able to be supported by a majority of European Parliament’s Members; in case a coalition majority cannot be reached, this responsibility shall be assigned to the next lead candidate;
Amendment 51 #
2023/2016(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. ProposeExpects that the European political parties and their parliamentary groups adopt a ‘legislature agreement’ for the legislative period 2024 – 2029 as a way of securing a majority in Parliament ahead of the appointment of the Commission as a basis for its work programme and a guarantee, to European voters, of a coherent follow-up to the elections; each candidate to the European Commission shall subscribe to this “legislature agreement” in order to obtain the Parliament’s majority support;
Amendment 52 #
2023/2016(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the President of Parliament should lead consultations with the leaders of the European political parties, the presidents of the parliamentary groups and the European Council after the European elections regarding the nomination of the Commission President; considers that to strengthen the link between the citizens’ vote and the appointment of the Commission, theEuropean Council on the next European Ccouncil Ppresident should also engage in consultations with the Presidents of the European Political parties;candidate.
Amendment 54 #
2023/2016(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls the prerogative of the European Parliament to choose its own President;
Amendment 77 #
2023/2016(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Supports the European Campaign Action Plan (E-CAP) as drafted by the European Authority for Political Parties and Political Foundations (APPF); stresses the importance of the APPF's work in informing citizens and preventing the misuse of data for electoral gain;
Amendment 1 #
2023/0900(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. GRefuses to gives its consent to the draft European Council Decision;
Amendment 1029 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point l a (new)
Annex I – Section 1 – paragraph 1 – point l a (new)
(la) Potash
Amendment 1108 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 2 – point d a (new)
Annex III – point 2 – point d a (new)
(da) whether the project contributes to European or global food security.
Amendment 41 #
2023/0033(COD)
Proposal for a directive
Recital 3
Recital 3
(3) New and revised limit values should be set out in light of available information, including up-to-date scientific evidence and technical data, based on a thorough assessment of the socioeconomic and cultural impact and availability of exposure measurement protocols and techniques at the place of work.
Amendment 94 #
2023/0033(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The central aim of this legislation is to ensure a comprehensive level of protection for workers and also to protect the cultural heritage of the European Union. Therefore, a sectoral exemption for the occupational substance lead should be introduced for activities, which are essential for cultural activities in Europe. It should be regularly reviewed whether these regulations are still necessary for the preservation of Europe's cultural heritage.
Amendment 138 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 4 (new)
Article 2 – paragraph -1 – point 4 (new)
Directive 2004/37/EC
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
(4) in Article 5, the following paragraph 4a is inserted: "4a. The limit values set out in Annex III for the occupational substance "inorganic lead and its compounds" and Annex IIIa for the occupational substance "lead and its ionic compounds" shall not apply to activities which, in accordance to Annex IIIb, are of substantial importance for the preservation of the cultural heritage and cultural diversity of the European Union."
Amendment 194 #
2023/0033(COD)
Proposal for a directive
Annex II – paragraph 1 a (new)
Annex II – paragraph 1 a (new)
Directive 2004/37/EG
Annex III
Annex III
Amendment 15 #
2022/2172(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that new genuine own resources (also known as ‘fresh income’) are urgently needed in order to make the Union budget more resilient and autonomous so as to allow the Union to deliver on its policies and to ensure its standing as a credible and smart debt issuer;
Amendment 21 #
2022/2172(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to establish a continuous and flexible process for proposingreflect on options for new stable and sustainable genuine own resources;
Amendment 31 #
2022/2172(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 33 #
2022/2172(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for the creation of a permanentDeplores the systematic creation and sustainable mechanism in order to raise EU debt for the purpose of financing Union policies ande of instruments, funds and common borrowing programmes, in areas with clear European added value, for example, the financing of a health union and/or a genuine energy union; suggests that the mechanism should ensure thatcluding NGEU, outside the scope of the EU budget and with no scrutiny or control from the EU budget can better adapt and quickly react to specific crises and their consequences, while respecting the principle of subsidiarityary authority; requests that Parliament be fully involved in all cases;
Amendment 36 #
2022/2172(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls, correspondingly, for the Treaties to be amended and the own- resources ceiling raised.
Amendment 4 #
2022/2142(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the unanimity requirement in the Council continues to be one of the biggest impediments in EU decision- making processes; whereas some Member States have used their right to veto to block or delay decisions in order to raise concerns on other unrelated issues; whereas despite the Treaties providing for qualified majority voting in many policy fields, Council continues to employ a culture of unaminity in these fields, oftentimes preventing ambitious policy outcomes;
Amendment 13 #
2022/2142(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas general passerelle clauses are mechanisms that were introduced with the aim of making decision-making in the EU more flexible, by changing from unanimity to QMV and to introduce the ordinary legislative procedure where the Treaties provide for a special legislative procedure;
Amendment 14 #
2022/2142(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the use of general passerelle must be unanimously authorised by the European Council and European Parliament’s consent of its component members is required; whereas national parliaments can use their prerogative to veto the decision of the European Council authorising the change in voting rules or in the type of legislative procedure;
Amendment 15 #
2022/2142(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas in addition to the general passerelle clauses, there are six special passerelle clauses that are aimed at modifying decision-making in the same way as general passerelles but only in certain sub-areas of a specific policy field in which qualified majority voting or the ordinary legislative procedure do not apply and introduces less stringent conditions;
Amendment 17 #
2022/2142(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the concEuropean Parliament in its resolustions of the Conference on the Future of Europe9 June 2022 on the call for a Convention for the revision of the Treaties proposed to move from unanimity to QMV for activating passarelle clauses in order to improve the EU’s decision- making procedures and ensure the EU’s capability to act rapidly and effectively4; _________________ 4 Proposal 39, Conference on the Future of Europe, ‘Report on the Final Outcome’, May 2022.;
Amendment 26 #
2022/2142(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on Council to abandon a culture of unaminity in policy fields where QMV is already possible;
Amendment 29 #
2022/2142(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the conclusions of the Conference on the Future of Europe; reiterates its commitment to following them up effectively and its call for the Treaties to be amended urgently5; calls on Council to follow suit without further delay; _________________ 5 Resolution of 9 June 2022 on the call for a Convention for the revision of the Treaties.
Amendment 68 #
2022/2142(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 77 #
2022/2142(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights that moving to QMV and OLP for certain aspects of environmental and energy policies is particularly urgent, given the broader context of the environmental and climate emergencyin line with previous resolutions of Parliament6; _________________ 6 Resolution of 28 November 2019 on the climate and environment emergency (OJ C 232, 16.6.2021, p. 2).
Amendment 80 #
2022/2142(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the need for a dialogue between the Commission and European social partners on the possible use of passerelle clauses in social policy; considers it important to evaluate the potential impact of using general passerelle clauses and the sector-specific clause provided for in Article 153(2) TFEU to strengthen the EU’s ability to implement measures to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation (Article 19 TFEU) and take decisions on the protection of workers’ rights;
Amendment 85 #
2022/2142(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 100 #
2022/2142(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 114 #
2022/2142(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 561 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 319 – paragraph 1
1. The European Parliament, acting on a recommendation from the Council, shall give a discharge to the Commission in respect of the implementation of the budget. It shall also give a discharge to other institutions, bodies, offices and agencies in respect of the implementation of their sections of the budget or of their budgets, as appropriate, and in accordance with conditions to be laid down pursuant to Article 322. To this end, the Council and the European Parliament in turn shall examine the accounts, the financial statement and the evaluation report referred to in Article 318, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, the statement of assurance referred to in Article 287(1), second subparagraph and any relevant special reports by the Court of Auditors.
Amendment 561 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 319 – paragraph 1
1. The European Parliament, acting on a recommendation from the Council, shall give a discharge to the Commission in respect of the implementation of the budget. It shall also give a discharge to other institutions, bodies, offices and agencies in respect of the implementation of their sections of the budget or of their budgets, as appropriate, and in accordance with conditions to be laid down pursuant to Article 322. To this end, the Council and the European Parliament in turn shall examine the accounts, the financial statement and the evaluation report referred to in Article 318, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, the statement of assurance referred to in Article 287(1), second subparagraph and any relevant special reports by the Court of Auditors.
Amendment 344 #
2022/0196(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 624 #
2022/0196(COD)
Proposal for a regulation
Recital 43
Recital 43
Amendment 637 #
2022/0196(COD)
Proposal for a regulation
Recital 45
Recital 45
Amendment 2203 #
2022/0196(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 2214 #
2022/0196(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Plant protection products may not be applied to bodies of water, with the exception of small bodies of water of minor importance for water management purposes, within 10 metres of the water body concerned, measured from the upper edge of the bank or, if there is no upper edge, from the mean water level line. By way of derogation from the first sentence, the minimum distance to be maintained shall be five metres if there is closed year- round vegetation cover. Tillage for vegetation renewal may be carried out once within five-year periods. The first five-year period shall start at XXX (to be inserted). If, when a given plant protection product is authorised, application-related provisions are laid down as regards greater distances or the plant protection equipment to be used, this shall be without prejudice to the obligation to comply with these provisions. The first to the fourth sentences shall not apply where a Member State has adopted or adopts provisions laying down different distances from bodies of water.
Amendment 2216 #
2022/0196(COD)
Proposal for a regulation
Article 19 – paragraph 1 b (new)
Article 19 – paragraph 1 b (new)
1b. The competent authority may authorise derogations from the first and second sentences of paragraph 1 in order to prevent significant agricultural, forestry-related or other economic harm or to protect native fauna and flora, in particular against invasive species.
Amendment 2266 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where certain categories of unmanned aircraft fulfil the criteria set out in paragraph 2, a Member State may exempt aAerial application by such unmanned aircraft from the prohibition laid down in Article 20(1) prior to any aerialwill not be prohibited for targeted application of plant protection products.
Amendment 2270 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 2291 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 40 supplementing this Regulation to specify precise criteria in relation to the factors set out in paragraph 2 once technical progress and scientific developments allow for the development of such precise criteriatechnical qualifications, use or training.
Amendment 2523 #
2022/0196(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 2614 #
2022/0196(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 705 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
Amendment 876 #
2022/0155(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a End-to-end encrypted services Nothing in this Regulation shall be interpreted as prohibiting, 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.
Amendment 882 #
Amendment 888 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1
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.
Amendment 893 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1
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 online child sexual abuse on a specific service.
Amendment 900 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The request of the Coordinating Authority of establishment shall, before requesting the issuance of a detection order, carry out the investigations and assessments necessary to determfor a targeted detection order shall include any evidence suggesting individual or collective conduct that establishes a linek whether the conditions of paragraph 4 have been metith child sexual abuse offences, in particular previous offences.
Amendment 903 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
To that end, it may, where appropriate, require the provider to submit the necessary information, additional to the report and the further information referred to in Article 5(1) and (3), respectively,evidence within a reasonable time period set by that Coordinating Authority, or request the EU Centre, another public authority or relevant experts or entities to provide the necessary additional information.
Amendment 907 #
Amendment 950 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Article 7 – paragraph 4 – subparagraph 1 – introductory part
The Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority or independent administrative authority shall issue the detection order where it considers that the following conditions are met:
Amendment 953 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Article 7 – paragraph 4 – subparagraph 1 – introductory part
The Coordinating Authority of establishment shall request the issuance of the targeted detection order, and the competent judicial authority or independent administrative authority shall issue the targeted detection order where it considers that the following conditions are met:in accordance with the applicable legal standard for evidence in criminal law.
Amendment 955 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a
Article 7 – paragraph 4 – subparagraph 1 – point a
Amendment 964 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b
Article 7 – paragraph 4 – subparagraph 1 – point b
Amendment 975 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 997 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 1000 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 1009 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 1016 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 1018 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the 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.
Amendment 1037 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
The competent judicial authority or independent administrative authority shall specify in the targeted detection order the period during which it applies, indicating the start date and the end date.
Amendment 1040 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2
Article 7 – paragraph 9 – subparagraph 2
The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the targeted detection order. It shall not be earlier than three months from the date at which the provider received the targeted detection order and not be later than 12 months from that date.
Amendment 1044 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3
Article 7 – paragraph 9 – subparagraph 3
The period of application of targeted detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 months.
Amendment 1054 #
2022/0155(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Additional rules regarding targeted detection orders
Amendment 1059 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. D. Targeted detection orders shall include at minimum:
Amendment 1063 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The competent judicial authority or independent administrative authority shall issue the targeted detection orders referred to in Article 7 using the template set out in Annex I. DTargered detection orders shall include:
Amendment 1065 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) information regarding the measures to be taken to execute the detection order, including the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8);
Amendment 1068 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) identification details of the competent judicial authority or the independent administrative authority issuing the detection order and authentication of the targeted detection order by that judicial or independent administrative authority;
Amendment 1069 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) (c) the name of the user(s) for whom a targeted detection order has been issued, insofar it is known, and digital aliases in use by the user(s).
Amendment 1070 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the specific service in respect of which the targeted detection order is issued and, where applicable, the part or component of the service affected as referred to in Article 7(8);
Amendment 1074 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) whether the targeted detection order issued concerns the dissemination of known or new child sexual abuse material or the solicitation of children;
Amendment 1076 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) the start date and the end date of the targeted detection order;
Amendment 1078 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) a sufficiently detailed statement of reasonsevidence explaining why the targeted detection order is issued;
Amendment 1081 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point h
Article 8 – paragraph 1 – point h
(h) a reference to this Regulation as the legal basis for the targeted detection order;
Amendment 1083 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point i
Article 8 – paragraph 1 – point i
(i) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the targeted detection order;
Amendment 1084 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
(j) easily understandable information about the redress available to the addressee of the targeted detection order, including information about redress to a court and about the time periods applicable to such redress.
Amendment 1088 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The competent judicial authority or independent administrative authority issuing the targeted detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.
Amendment 1089 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The targeted detection order shall be transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2).
Amendment 1091 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
The targeted detection order shall be drafted in the language declared by the provider pursuant to Article 23(3).
Amendment 1094 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. If the provider cannot execute the detection order because it contains manifest errors or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex II.
Amendment 1096 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to amend Annexes I and I I where necessary to improve the templates in view of relevant technological developments or practical experiences gained.
Amendment 1101 #
2022/0155(COD)
Redress, information, reporting and modification of targeted detection orders
Amendment 1106 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of hosting services and providers of interpersonal communications services that have received a targeted detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the targeted detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order.
Amendment 1111 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
When the targeted detection order becomes final, the competent judicial authority or independent administrative authority that issued the targeted detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
Amendment 1112 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
For the purpose of the first subparagraph, a targeted detection order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the targeted detection order following an appeal.
Amendment 1115 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Where the period of application of the detection order exceeds 12 months, or six months in the case of a detection order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application.
Amendment 1118 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Those reports shall include a detailed description of the measures taken to execute the detection order, including the safeguards provided, and information on the functioning in practice of those measures, in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, and on the consequences of those measures for the rights and legitimate interests of all parties affected.
Amendment 1120 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
In respect of the targeted detection orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the detection orderevidence has been substantiated.
Amendment 1122 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis.
Amendment 1131 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Providers of hosting services and providers of interpersonal communication services that have received a targeted detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46 and with Article 6a.
Amendment 1139 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the targeted detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies.
Amendment 1173 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly necessary to execute the targeted detection orders addressed to them;
Amendment 1186 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point e
Article 10 – paragraph 4 – point e
(e) inform the Coordinating Authority, at the latest one month before the start date specified in the targeted detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3);
Amendment 1195 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point a
Article 10 – paragraph 5 – subparagraph 1 – point a
(a) the fact that it operates technologies to detect online child sexual abuse to execute the targeted detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications;
Amendment 1199 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2
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.
Amendment 1202 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a provider detects potential online child sexual abuse through the measures taken to execute the targeted detection order, it shall inform the users concerned without undue delay, after Europol or the national law enforcement authority of a Member State that received the report pursuant to Article 48 has confirmed that the information to the users would not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.
Amendment 1314 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(d) the specific service in respect of which the targeted detection order is issued;
Amendment 1886 #
Amendment 87 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 110 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 1 – paragraph 1 – points (f a) (new) – (f b) (new) – (f c) (new)
Article 1 – paragraph 1 – points (f a) (new) – (f b) (new) – (f c) (new)
Amendment 119 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2, after point (c)
Article 13 – paragraph 2, after point (c)
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
Amendment 125 #
2022/0104(COD)
Amendment 129 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point v
Article 1 – paragraph 1 – point 10 – point a – point v
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (bb) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (bb) (new)
Amendment 132 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new)
Amendment 135 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii
Article 1 – paragraph 1 – point 10 – point a – point vii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (d) – subpoint (iii) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (d) – subpoint (iii) (new)
Amendment 137 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a (new)
Article 14 a (new)
Amendment 138 #
2022/0104(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive. __________________ 69 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119.
Amendment 149 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 160 #
2022/0104(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant, while contributing to food security, cause pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density, design like free- ventilated stables, trade-offs with animal welfare and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
Amendment 161 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
Article 15 – paragraph 3 a
Amendment 189 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2010/75/EU
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
(15a) 3a. In case undertakings are implementing deep industrial transformations towards EU objectives of a circular and climate neutral economy, the competent authority shall exempt the operator from the reconsideration and updating of permit conditions for the activities concerned until the transformation is completed.
Amendment 206 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
Article 27 c (new)
Amendment 207 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
Article 27 c (new)
Amendment 208 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
Article 27 c (new)
Amendment 211 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new)
Article 27 d (new)
Amendment 213 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new)
Article 27 d (new)
Amendment 215 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 (new) – paragraph 1
Article 27 (new) – paragraph 1
Amendment 216 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d (new) – paragraph 1 – first part
Article 27d (new) – paragraph 1 – first part
Amendment 225 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 1 – second part
Article 27 d (new) – paragraph 1 – second part
Amendment 229 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2
Article 27 d (new) – paragraph 2
Amendment 231 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – first part
Article 27 d (new) – paragraph 2 – first part
Amendment 234 #
2022/0104(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, while not affecting sustainable European farming, based on the principles of respecting animal welfare, healthy and sustainable food production and promotion of small-scale and family farming, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment and pigs. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
Amendment 238 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – second part
Article 27 d (new) – paragraph 2 – second part
Amendment 244 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 3
Article 27 d (new) – paragraph 3
Amendment 251 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 4
Article 27 d (new) – paragraph 4
Amendment 253 #
2022/0104(COD)
Proposal for a directive
Recital 33
Recital 33
(33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf orf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement of its requirements throughout the Union, it is necessary to adaptfacilitate the burden of proof applicable to such situations. Therefore, when an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of Directive 2010/75/EU is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.
Amendment 268 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 2
Article 79 a (new) – paragraph 2
Amendment 272 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 4
Article 79 a (new) – paragraph 4
Amendment 279 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;;
Amendment 290 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3.6 (new)
Annex I – paragraph 3.6 (new)
Amendment 293 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point i
Annex I – paragraph 1 – point i
Directive 2010/75/EU
Annex I – paragraph 6.5
Annex I – paragraph 6.5
6.5. Disposal or recycling of animal carcases or animal by-products of Category 1 within the meaning of Article 8 or Category 2 within the meaning of Article 9 of Regulation (EC) No. 1069/2009, with the exception of liquid manure, guano, stomach and intestinal contents, milk, milk products, colostrum, eggs and egg products with a treatment capacity exceeding 10 tonnes per day..
Amendment 338 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 b
Article 3 – paragraph 1 – point 23 b
Amendment 343 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c
Article 3 – paragraph 1 – point 23 c
Amendment 417 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 428 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 516 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f a
Article 11 – paragraph 1 – point f a
Amendment 521 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f b
Article 11 – paragraph 1 – point f b
Amendment 533 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f a – f c
Article 11 – paragraph 1 – point f a – f c
Amendment 602 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
Amendment 610 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
Amendment 650 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iii
Article 1 – paragraph 1 – point 10 – point a – point iii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point a a
Article 14 – paragraph 1 – subparagraph 2 – point a a
Amendment 659 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point v
Article 1 – paragraph 1 – point 10 – point a – point v
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b b
Article 14 – paragraph 1 – subparagraph 2 – point b b
Amendment 664 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b c
Article 14 – paragraph 1 – subparagraph 2 – point b c
Amendment 680 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii
Article 1 – paragraph 1 – point 10 – point a – point vii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint iii
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint iii
Amendment 697 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a
Article 14a
Amendment 791 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 824 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
Article 15 – paragraph 3 a
Amendment 962 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 d (new)
Article 1 – paragraph 1 – point 15 d (new)
Directive 2010/75/EU
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
(15d) In Article 21, paragraph 3 a (new) is inserted as follows: 3a. In case undertakings are implementing deep industrial transformations towards EU objectives of a circular and climate neutral economy, the competent authority shall exempt the operator from the reconsideration and updating of permit conditions for the activities concerned until the transformation is completed.
Amendment 1059 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c – title
Article 27 c – title
Amendment 1060 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c – paragraph 1
Article 27 c – paragraph 1
Amendment 1070 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – number
Article 27d – number
Amendment 1081 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – title
Article 27 d – title
Amendment 1088 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1
Article 27 d – paragraph 1
Amendment 1123 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2
Article 27 d – paragraph 2
Amendment 1158 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 3
Article 27 d – paragraph 3
Amendment 1175 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4
Article 27 d – paragraph 4
Amendment 1230 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
Chapter VIa – title
Chapter VIa – title
SPECIAL PROVISIONS FOR INTENSIVE REARING OF POULTRY, AND PIGS AND CATTLE
Amendment 1246 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex. intensive rearing of poultry and pigs: (a) with more than 40000 places for poultry, (b) with more than 2000 places for production pigs (over 30 kg), or (c) with more than 750 places for sows.
Amendment 1250 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b
Article 70b
Amendment 1254 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – title
Article 70b – title
Amendment 1259 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – paragraph 1
Article 70b – paragraph 1
Amendment 1272 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – title
Article 70c – title
Permits and simplified registration
Amendment 1275 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit and that its operation complies with the operating rules referred to in Article 70i. In case of stables on family farms or free-ventilated stables or pasture, permits are not needed.
Amendment 1282 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1 a (new)
Article 70c – paragraph 1 a (new)
1a. By way of derogation from paragraph 1 of this Article, Member States may provide for a specific procedure for the registration of farms rearing animals covered in this Chapter. The procedure for registration referred to in the first subparagraph shall be laid down in a binding act and include at least a requirement for a notification to the competent authority by the farmer of the intention to operate its activity. Member States shall use any similar pre-existing procedure for the registration in order to avoid creating an administrative burden.
Amendment 1285 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point a
Article 70c – paragraph 2 – subparagraph 1 – point a
(a) the installationfarm, its building and its activities
Amendment 1288 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point c
Article 70c – paragraph 2 – subparagraph 1 – point c
(c) the capacity of the installationbuilding where the rearing takes place;
Amendment 1292 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
(d) the sources of emissions from the installationbuilding where the rearing takes place;
Amendment 1295 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e
Article 70c – paragraph 2 – subparagraph 1 – point e
(e) the nature and quantities of foreseeable emissions from the installation into each mediumbuilding where the rearing takes place, into each medium under normal operating conditions.
Amendment 1313 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4
Article 70c – paragraph 4
4. Member States shall take necessary measures to ensure that the operatofarmer informs the competent authority, without delay, of any planned substantial change to the installationsfarm and farm buildings where the rearing takes place, falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit.
Amendment 1319 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – number
Article 70d – number
Amendment 1322 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1 – subparagraph 1
Article 70d – paragraph 1 – subparagraph 1
Amendment 1323 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1– subparagraph 2
Article 70d – paragraph 1– subparagraph 2
Amendment 1325 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 2
Article 70d – paragraph 2
Amendment 1329 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 3
Article 70d – paragraph 3
Amendment 1392 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
Article 70i – paragraph 1 – subparagraph 1 – introductory part
The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ireferred to in Article 70a, which shall include the following:
Amendment 1542 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 2
Article 79a – paragraph 2
Amendment 1550 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
Article 79a – paragraph 4
Amendment 1558 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
Article 79a – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage. This shall not apply to violation related to activities referred to in Article 70a.
Amendment 1581 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Directive 2010/75/EU
Annex Ia
Annex Ia
Amendment 1621 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.6
Annex I – paragraph 3 – subparagraph 3 – point 3.6
Amendment 1639 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point i
Annex I – paragraph 1 – point i
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.5
Annex I – paragraph 3 – subparagraph 6 – point 6.5
6.5. Disposal or recycling of animal carcases or animal by-products of Category 1 within the meaning of Article 8 or Category 2 within the meaning of Article 9 of Regulation (EC) No. 1069/2009, with the exception of liquid manure, guano, stomach and intestinal contents, milk, milk products, colostrum, eggs and egg products with a treatment capacity exceeding 10 tonnes per day..
Amendment 1652 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – number
Annex Ia – number
Amendment 1659 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
Annex Ia – paragraph 1
Amendment 1678 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Annex Ia – paragraph 2
Amendment 31 #
2022/0084(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) While progress has been made towards more consistent rules for the protection of European Union classified information (‘EUCI’) and non-classified information, the interoperability of the relevant systems remains limited, preventing a seamless transfer of information between the different Union institutions and bodies. Further efforts should therefore be made to enable aAn interinstitutional approach to the sharing of EUCI and sensitive non-classified information, with common categories of information and common key handling principles. A baseline should also be envisaged to simplify is urgently needed. This includes common procedures for sharing EUCI and sensitive non-classified information between Union institutions and bodies and with Member States.
Amendment 32 #
2022/0084(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The recent pandemic caused a significant change in working practices with remote communication tools becoming the rule. Therefore, many procedures that were still at least partly paper-based were rapidly adjusted to enable electronic processing and exchanges of information. These developments require changes in the procurement, handling and protection of information. This Regulation takes account of the new working practices.
Amendment 33 #
2022/0084(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) By creating a minimum common level of protection for EUCI and non- classified information, this Regulation contributes to ensuring that the Union institutions and bodies have the support of an efficient and independent administration in carrying out their missions. At the same time, each Union institution and body retains its autonomy in determining how to implement the rules laid down in this Regulation, in line with its own security needs. This Regulation shall in no case prevent Union institutions and bodies to fulfil their mission, as entrusted by the EU legislation, or encroachcreate disproportionate burdens on their institutional autonomy.
Amendment 34 #
2022/0084(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) With a view to establishing a formal structure for cooperation between Union institutions and bodies in the field of information security, it is necessary to set up an Interinstitutional Coordination Group (the ‘Coordination Group’) in which all Union institutions’ and bodies’ Security Authorities are represented. Without having decision-making powers, tThe Coordination Group should adopt recommendations and provisions to enhance the coherence of policies in the field of information security and should contribute to the harmonisation of the information security procedures and tools across the Union institutions and bodies.
Amendment 39 #
2022/0084(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Furthermore, the sharing of EUCI between the Union institutions and bodies and the exchange of classified information with international organisations and third countries should also be regulated by appropriate security measures for the protection of that information. Where agreements on security of information are envisaged, the provisions of Article 218 of the TreatyTFEU should apply.
Amendment 40 #
2022/0084(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Non-compliance with this Regulation, in particular the unauthorised disclosure of information with the confidentiality levels referred to in Article 2(2), except information for public use shall be subject to investigation and may trigger personnel liability in accordance with the Treaties or, with relevant criminal law and with their relevant staff rules.
Amendment 41 #
2022/0084(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
It shall be composed of all Security Authorities of the Union institutions and bodies, and shall have a mandate to define their common policymeasures in the field of information security.
Amendment 42 #
2022/0084(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) establish recommendations and guidance documents on the implementation of this Regulation, in cooperation with the Interinstitutional Cybersecurity Board referred to in Article 9 of the Regulation EU [...] laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union, where appropriate;
Amendment 45 #
2022/0084(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point e a (new)
Article 6 – paragraph 2 – point e a (new)
(e a) Shall carry out risk assessments, in particular with regards to foreign interference in EUCI.
Amendment 52 #
2022/0084(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) SNC information shall be stored and processed exclusively in the Union;
Amendment 54 #
2022/0084(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The holder of any item of EUCI shall be legally responsible for its protection. This shall include responsibility under the Treaties, relevant criminal law and staff regulations.
Amendment 60 #
2022/0084(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Union institutions and bodies shall decide whether andupon a recommendation by the Coordination Group when to archive EUCI, and the corresponding practical measures, in accordance with their policy on document management.
Amendment 61 #
2022/0084(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. EUCI documents shall not be transferred to the Historical Archives of the European Union after 30 years. The Historical Archives of the European Union shall take effective measures to protect EUCI from unauthorised access prior to declassification.
Amendment 117 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by third country entities with whom the company has an direct established business relationship and
Amendment 120 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
Article 1 – paragraph 1 – subparagraph 1 – point b
Amendment 127 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 124 months.
Amendment 130 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. Member States shall not lay down, in their national law, provisions diverging from those laid down in this Directive unless otherwise provided for in this Directive.
Amendment 138 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 5000 employees on average and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;
Amendment 143 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 149 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
Amendment 154 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
Amendment 159 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
Amendment 184 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:have a domestic branch office or subsidiary in a Member State and which normally have at least 5000 employees worldwide and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;.
Amendment 188 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 193 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 195 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated on a full-time equivalent basis. Temporary agency workers shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 216 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related todirectly necessary for the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 222 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) ‘industry initiative’ means a combination of voluntary valuesupply chain due diligence procedures, tools and mechanisms, including independent third- party verifications, developed and overseen by governments, industry associations or groupings of interested organisthe Commission, governments, including the governments of developing countries, industry associations;
Amendment 227 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could bedirectly affected by adverse human rights impacts and adverse environmental impacts arising from the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 271 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the valuesupply chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take one of the following actions if they are in the best interest of the potential victims of the potential and actual adverse impacts, in line with responsible disengagement, taking into account proportionality and the consequences of disrupting supply chains:
Amendment 276 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a
Article 8 – paragraph 6 – subparagraph 1 – point a
(a) temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, if there is reasonable expectation that these efforts will succeed in the short- term. If there is no such reasonable expectation or the efforts did not succeed in the short-term, the company shall terminate the business relationship or
Amendment 287 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for the availability of an option to terminate and temporarily suspend the business relationship in contracts governed by their laws in accordance with the first subparagraph, except for contracts where the parties are obliged by law to enter into them.
Amendment 297 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit notifications or complaints to them where they have legitimate concernssufficient evidence regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chaindirect upstream business partners.
Amendment 301 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Companies shall be allowed to deal with notifications as a group, for example within a sectoral initiative, an industry programme or multi-stakeholder initiatives.
Amendment 314 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are affected or have reasonable groundssufficient evidence to believe that they might bare affected by an adverse impact,
Amendment 316 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concernedcompany, their subsidiaries or their direct business partners, that are directly affected by an adverse impact,
Amendment 323 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 328 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedure for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaint to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaint is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6.
Amendment 341 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and relevant stakeholders, the European Union Agency for Fundamental Rights, the European Agency for Small and Medium enterprises, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impacts. shall issue clear and comprehensive, guidelines, in digital, free of charge and easily accessible format, taking into account the needs of SMEs, including for specific sectors, specific adverse impacts. These guidelines shall also clarify how companies' obligations stemming from this Directive interact with obligations stemming from other Union legislation to ensure coherence and complementarity. The guidelines shall particularly take into account SMEs’ needs and shall enable administrative and financial assistance. The guidelines shall help companies, in particular SMEs, to fulfil their due diligence obligations in accordance with Articles 6 to 11, by providing guidance on how the requirements under different Union acts could be merged most efficiently. The Commission shall regularly review and update the guidelines taking into account the latest developments in the sectors concerned. Guidelines must be published 24 months before the provisions of this directive become applicable. These guidelines shall include the following: (a) for specific sectors or specific adverse impacts; (b) an overview on applicable industry initiatives, multi-stakeholder initiatives and industry schemes; (c) practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas, may be applied to due diligence obligations depending on the size and sector of the company; (d) lists of risk areas and non-risk areas whether sectoral or geographic such as a list of regions and countries where adverse human rights impacts and/or environmental adverse impacts are unlikely or likely to occur. Countries or regions, where adverse impacts are unlikely to occur, might be the European Economic Area, the United States of America, the United Kingdom, Canada, Australia, New Zealand, and Japan. One criteria for this list shall be a free-trade agreement between the European Union and the third country or region.
Amendment 347 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 (new)
Article 13 – paragraph 1 – subparagraph 1 (new)
Lists of non-risk areas and risk areas shall be updated continuously by the Commission and made publicly available, for example, in order to provide up-to- date information on the international Conventions and Treaties ratified by each of the Union’s trading partners. The Commission shall collect and publish trade and customs data on origins of raw materials, and intermediate and finished products, and publish information on human rights, environmental and governance potential or actual adverse impacts risks associated with certain countries or regions, sectors and sub- sectors, and products.
Amendment 358 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission mayshall complement Member States’ support measures building on existing Union action to support due diligence in the Union and in third countries and mayshall devise new measures, including facilitation of joint stakeholder initiatives to help companies fulfil their obligations. as well as a non-exhaustive list of industry schemes the Commission deems fit.
Amendment 367 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States mayshall facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, mayshall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 368 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. Single Point of Contact 1.Each Member State shall designate a national single point of contact on corporate sustainability due diligence.Member States may assign this role to an existing authority.Where a Member State designates only one competent authority, that competent authority may also be the single point of contact. 2. Companies may seek guidance and obtain further support and information about how best to fulfil their due diligence obligations through this portal.3. The single point of contact may also exercise a liaison function to ensure cross-border cooperation of Member State authorities and with the relevant authorities in other Member States via cooperation with the European Supervisory Network established in Article 21.
Amendment 409 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 75 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness and feasibility of this Directive in reaching its objectives and assess the following issues:
Amendment 417 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be loweredare appropriate;
Amendment 419 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
Amendment 6 #
2021/2180(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes Commission’s Annual Rule of Law Report as a positive addition to the EU’s toolbox to promote improvements as well as to prevent and address rule of law issues in Member States, and recalls that the Commission’s report was a commitment made by President Von Der Leyen in her political guidelines for the 2019-2024 Commission, ahead of her election;
Amendment 12 #
2021/2180(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that public debate about the report is central to the annual rule of law cycle and therefore that the time of its publication is keyrelevant; regrets therefore the publication of the 2021 report just before parliamentary recess in mid-July; calls on the Commission to instate an annual EU Values Week each September, in which the report is presented to the European Parliament and national parliaments at the same time as the Justice Scoreboard, the Fundamental Rights Report, and the Media Pluralism Monitor;
Amendment 16 #
2021/2180(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that important elements of Parliament’s resolutions of 25 October 2016 and of 7 October 2020 on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights are still missing, in particular the panel of independent experts,; calls therefore to widening the scope to include all values set out under Article 2 of the Treaty on European Union (TEU), and the interinstitutional agreement for an annual monitoring cycle; calls on the Council and Commission to engage in discussions on such interinstitutional agreement, in order to set up a single and coherent monitoring system for democracy, rule of law and fundamental rights in the EU;
Amendment 21 #
2021/2180(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes Commission’s involvement of civil society actors, both through the online public consultation and the country visits and interviews, however believes that more transparency from the Commission on the methodology and selection process of stakeholders invited to consultation meetings, as well as closer consultation and collaboration with civil society to design a more straight forward and more easily accessible process, is needed;
Amendment 32 #
2021/2180(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to conclude each country chapter with a ‘traffic light’n assessment of the fulfilment of the conditions of the Rule of Law Conditionality Regulation (Regulation (EU, Euratom) 2020/2092);
Amendment 36 #
2021/2180(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes Commission proposals´s commitment to include country-specific recommendations as of 2022, as per Parliament’s resolution of 25 October 2016, which should be framed in the context of Member States’ obligations under EU law and international human rights law and standards, which would allow for tracking and evaluating progress and regression against an agreed, binding framework; calls on the Commission to monitor and report on their implementation;
Amendment 45 #
2021/2180(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines that while the 2020 Rule of Law Report has encouraged positive reforms related to the rule of law in a number of Member States, some serious concerns remain, however, with regard to a number of Member States, especially pertaining to the independence of the judiciary and the freedom and pluralism of media;
Amendment 47 #
2021/2180(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Is concerned that the COVID-19 pandemic has affected the fight against corruption, as it slowed down legal reforms or the adjudication of corruption cases in some Member States and increased the risk of corruption; stresses that while efforts to repress corruption have significantly increased in several Member States, yet others are cause for concern as regards the effectiveness of investigation and prosecution;
Amendment 48 #
2021/2180(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
Amendment 54 #
2021/2180(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights that constitutional checks and balances at EU level should be included in the report; commits toassessed, by requesting a Venice Commission opinion on key principles of democracy in EU governance, in particular the separation of powers, accountability and checks and balances;
Amendment 60 #
2021/2180(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. CUnderlines the importance of interinstitutional dialogue and cooperation on rule of law matters; calls on the Council to discuss the report in all transparency and engage in dialogue with the European Parliament; calls on the European Council, too, to discuss the findings of the report, as the values of Article 2 TEU are a matter to be addressed at the highest political level.
Amendment 70 #
2021/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that the statutory independence of the ECB is a prerequisite for it to fulfil its mandate to maintain price stability; notes with great concern the rise of the inflation rate above the 2% target;
Amendment 192 #
2021/2038(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Finds it necessary to work together with the US on strengthening the multilateral trading system and reforming the World Trade Organization; encourages the Biden administration to resolve the ongoing blockade of the Appellate Body at the WTO; welcomes the agreement on tariffs in the Boeing-Airbus dispute
Amendment 7 #
2021/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s first ever Rule of Law Report as a positive addition to the EU’s toolbox to prevent and address rule of law issues in Member States, while considering that further improvements are needed;
Amendment 12 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Commission’s report iwas a response to the Council’s failure to trigger the procedure under Article 7(1) of the Treaty on European Union (TEU), as requested by the Commission in 2017 and Parliament in 2018; regrets that the Council has failed to resume hearings under Article 7 of the TEU since December 2019; notes that the failure to apply Article 7 of the TEU, also due to the requirement of unanimity for the sanctions mechanism, enables continued divergence from the values enshrined in Article 2 of the TEUcommitment made by President Von Der Leyen in her political guidelines for the 2019-2024 Commission, ahead of her election;
Amendment 18 #
2021/2025(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets the Council’s failure to move further the procedure under Article 7(1) TEU, as requested by the Commission in 2017 and the Parliament in 2018; underlines, in the strongest terms, that only qualified majority is required to determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2; regrets that the Council has failed to resume hearings under Article 7 TEU since December 2019; notes with concern that the failure to progress in Article 7 TEU procedure enables continued divergence from the values enshrined in Article 2TEU; urges the Portuguese presidency of the Council to take the appropriate steps in order to move further the procedure under Article7(1) TEU;
Amendment 22 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the report fails to fully address all Union values set out in Article 2 of the TEU, such as democracy and fundamental rightsConsiders the scope of the report can be broadened and fine-tuned as requested by the EP; reiterates the need to have a single monitoring system for democracy, the rule of law and fundamental rights, as proposed by Parliament1 ; calls again on the Council and the Commission to engage in discussions to set up such a mechanism via an interinstitutional agreement; _________________ 1European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (texts adopted, P9_TA(2020)0251).
Amendment 29 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the methodology of the report, which focuses on four pillars: independence of the judiciary, the anti- corruption framework, media pluralism, and checks and balances; invites the Commission to in the next editions broaden the scope of the report, or at least of its first pillar and to include in the next editions an assessment of how the right to a fair trial is guaranteed in Member States, with particular attention paid to the right of defence, andthe equality between prosecution and defence parties and the length of trials; believes that the report should go beyond monitoring and include preventive and corrective elements with a clear outline of enforcement measures;
Amendment 44 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to use all tools at its disposal to counter violations of EU values, such as infringement procedures, including expedited procedures, actions to ensure compliance with the judgments of the Court of Justice and applications for interim measures before the Court; welcomes the new rule of law conditionality mechanism and asks that it be fully enforced with regard to all EU funds, including Next Generation EU; reiterates it has entered into force and is binding in its entirety for all commitment appropriations and payment appropriations in all Member States and for the EU institutions; underlines the importance of the direct applicability of the Regulation since 1 January 2021, particularly in the context of the disbursement of the Next Generation EU funds which will occur early in the budget cycle;
Amendment 56 #
2021/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights that the COVID-19 pandemic has had a deleterious impact on fundamental rights as well as on constitutional checks and balances; insists that any measures restricting the rights and freedoms of EU citizens should be transparent, proportional and temporary; calls on the Commission to furthercontinue analyseing measures taken in response to the COVID- 19 pandemic in its 2021 report.
Amendment 122 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member Snot applicable; tatkes subject to Article 7 of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemicnote that some courts in some Member States have reservations to CJEU rulings; reminds that the competence conflict between EU law and constitutional reservations was never solved in the threat to the Union; considers, therefore,ies; is of the view that forthcoming annual reports should consider those challenges to the Union’s legal architecture and principles as serious violations in the assessment;
Amendment 51 #
2021/0240(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Combining both direct and indirect supervisory competences over obliged entities, and also functioning as a support and cooperation mechanism for FIUs, is the most appropriate means of bringing about supervision and cooperation between FIUs and other EU institutions, offices, bodies and agencies involved in the AML/CFT framework at Union level. This should be achieved by creating an Authority which should combine independence and a high level of technical expertise and which should be established in line with the Joint Statement and Common Approach of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies32 . _________________ 32 https://europa.eu/european- union/sites/default/files/docs/body/joint_st atement_and_common_approach_2012_en. pdf.
Amendment 53 #
2021/0240(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The powers of the Authority should allow it to improve AML/CFT supervision in the Union in various ways. With respect to selected obliged entities, the Authority should ensure group-wide compliance with the requirements laid down in the AML/CFT framework and any other legally binding Union acts that impose AML/CFT-related obligations on financial institutions. Furthermore, the Authority should carry out periodic reviews to ensure that all financial supervisors have adequate resources and powers necessary for the performance of their tasks. It should facilitate the functioning of the AML supervisory colleges and contribute to convergence of supervisory practices and promotion of high supervisory standards. With respect to non-financial supervisors, including self-regulatory bodies where appropriate, the Authority should coordinate peer reviews of supervisory standards and practices and request non- financial supervisors to investigate possible breaches of AML/CFT requirements. In addition, taking account of the input of other EU institutions, offices, bodies and agencies involved in the AML/CFT framework, such as Europol, the Authority should coordinate the conduct of joint analyses by FIUs and make available to FIUs IT and artificial intelligence services and tools for secure information sharing, including through hosting of FIU.net.
Amendment 54 #
2021/0240(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With the objective to strengthen AML/CFT rules at Union level and to enhance their clarity while ensuring consistency with international standards and other legislation, it is necessary to establish the coordinating role of the Authority at Union level in relation to all types of obliged entities to assist national supervisors and promote supervisory convergence, in order to increase the efficiency of the implementation of AML/CFT measures, also in the non- financial sector. The authority’s coordinating role is also necessary to ensure cohesion and avoid duplication of tasks with other EU institutions, offices, bodies and agencies involved in the AML/CFT framework. Consequently, the Authority should be mandated to prepare regulatory technical standards, to adopt guidelines, recommendations and opinions with the aim that where supervision remains at national level, the same supervisory practices and standards apply in principle to all comparable entities. The Authority should be entrusted, due to its highly specialised expertise, with the development of a supervisory methodology, in line with a risk-based approach. Certain aspects of the methodology, which can incorporate harmonised quantitative benchmarks, such as approaches for classifying the inherent risk profile of obliged entities should be detailed in directly applicable binding regulatory measures – regulatory or implementing technical standards. Other aspects, which require wider supervisory discretion, such as approaches to assessing residual risk profile and internal controls in the obliged entities should be covered by non-binding guidelines, recommendations and opinions of the Authority. The harmonised supervisory methodology should take due account of, and where appropriate, leverage the existing supervisory methodologies relating to other aspects of supervision of the financial sector obliged entities, especially where there is interaction between AML/CFT supervision and prudential supervision. Specifically, the supervisory methodology to be developed by the Authority should be complementary to guidelines and other instruments developed by the European Banking Authority detailing approaches of prudential supervisory authorities with respect to factoring ML/TF risks in prudential supervision, in order to ensure effective interaction between prudential and AML/CFT supervision.
Amendment 58 #
2021/0240(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to analyse suspicious activity affecting multiple jurisdictions, the relevant FIUs that received linked reports should be able to efficiently conduct joint analyses of cases of common interest. To this end, the Authority should be able to propose, coordinate and support with all appropriate means the joint analyses of cross-border suspicious transactions or activities. The joint analyses should be triggered where there is a need to conduct just such joint analyses pursuant to the relevant provisions in Union law. Upon the explicit consent ofApart from explicit objection by the FIUs participating in the joint analyses, the staff of the Authority supporting the conduct of joint analyses should be able to receive and process all necessary data and information, including the data and information pertaining to the analysed cases. In order to collect all relevant information in an early stage of the joint analysis and to understand the underlying criminal context, the involvement of Europol in the joint analysis may also be solicited.
Amendment 60 #
2021/0240(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to improve the effectiveness of the joint analyses, the Authority should be able to initiate reviews ofdevelop methods, and procedures andfor the conduct of the joint analyses, . It shall also review these methods and procedures with the aim of determining the lessons learnt and of improving and promoting these analyses. The feedback on the joint analysis should enable the authority to issue conclusions and recommendations which would ultimately lead to the regular refinement and improvement of the methods and procedures for the conduct of joint analyses.
Amendment 61 #
2021/0240(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to facilitate and improve cooperation between FIUs and the Authority, including for the purposes conducting joint analyses, the FIUs should be able to delegate one staff member per FIU to the Authority on a voluntary basis. The national FIU delegates should support the Authority’s staff in carrying out all the tasks relating to FIUs, including the conduct of joint analyses and the preparation of threat assessments and strategic analyses of money laundering and terrorist financing threats, risks and methods. Apart from the joint analyses, the Authority should encourage and facilitate various forms of mutual assistance between FIUs, including training and staff exchanges in order to improve capacity building and enable the exchange of knowledge and good practices amongst FIUs.
Amendment 62 #
2021/0240(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) In order to ensure a close cooperation with Union law enforcement and to avoid duplication of efforts between the Authority and Europol, the working arrangement between both organisations should ensure the possibility for each of them of having a liaison officer stationed at the premises of the other entity.
Amendment 63 #
2021/0240(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to establish consistent, efficient and effective supervisory and FIU-related practices and ensure common, uniform and coherent application of Union law, the Authority should be able to issue guidelines and recommendations addressed to all or category of obliged entities and all or a category of supervisory authorities and FIUs. The guidelines and recommendations could be issued pursuant to a specific empowerment in the applicable Union acts, or on the own initiative of the Authority, where there is a need to strengthen the AML/CFT framework at Union level. In the development of guidelines and recommendations the Authority could also draw upon expertise of other EU institutions, offices, bodies and agencies involved in the AML/CFT framework.
Amendment 67 #
2021/0240(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The Chair of the Authority should chair the General Board meetings and have a right to vote when decisions are taken by simple majority. The Commission should be a non-voting member on the General Board. Due to the complementary nature of their mandates, a representative of Europol should also be granted the status of non-voting member for the General Board in its FIU composition. To establish good cooperation with other relevant institutions, the General Board should also be able to admit other non-voting observers, such as a representative of the Single Supervisory Mechanism and of each of the three European Supervisory Authorities (EBA, EIOPA and ESMA) for the General Board in its Supervisory Composition and Europol, the EPPO and Eurojust for the General Board in its FIU composition, where matters that fall under their respective mandates are discussed or decided upon. To allow a smooth decision making process, decisions of the General Board should be taken by a simple majority, except for decisions concerning draft regulatory and implementing technical standards, guidelines and recommendations which should be taken by a qualified majority of Member State representatives in accordance with voting rules of the TFEU.
Amendment 75 #
2021/0240(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The Chair of the Authority should be appointed based on objective criteria by the Council after approval by the European Parliament. He or she should represent the Authority externally and should report on the execution of Authority’s tasks. The Chair of the Authority should be able to delegate his/her tasks relating to representation to the Vice-Chair or to a member of the Executive Board.
Amendment 81 #
2021/0240(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) The Authority should establish cooperative relations with the relevant Union agencies and bodies, including Europol, Eurojust, the EPPO, and the European Supervisory Authorities, namely the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority. To improve cross-sectoral supervision and a better cooperation between prudential and AML/CFT supervisors the Authority should also establish cooperative relations with the authorities competent for prudential supervision of financial sector obliged entities, including the European Central Bank with regard to matters relating to the tasks conferred on it by Council Regulation (EU) No 1024/201343 , as well as with resolution authorities as defined in Article 3 of Directive (EU) 2014/59/EU of the European Parliament and the Council44 and designated Deposit Guarantee Schemes authorities as defined in Article 2 (1), point 18 of Directive 2014/49/EU of the European Parliament and the Council45 . To this end, the Authority should be able to conclude agreements or memoranda of understanding with such bodies, including with regard to any information exchange which is necessary for the fulfilment of the respective tasks of the Authority and these bodies. The Authorityparties involved should make itstheir best efforts to share information with sueach bodies on their requestother, within the limits posed by legal constraints, including data protection legislation. In addition, the Authority should enable effective information exchange between all financial supervisors in the AML/CFT supervisory system and the aforementioned authorities, such cooperation and information exchanges should take place in a structured and efficient way. _________________ 43 Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63). 44 Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012 of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190). 45 Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149).
Amendment 83 #
2021/0240(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Public-private partnerships (‘PPPs’) have become increasingly important cooperation and information exchange fora between FIUs, various national supervisory and law enforcement authorities and obliged entities in some Member States and at EU and international levels. Where the Authority would act as direct supervisor of selected obliged entities which are part of a PPP in any Member State, it could be beneficial for the Authority to also participate therein, on conditions determined by the relevant national public authority or authorities that set up such PPP, and with their explicit agreement. The Authority should also participate in partnerships established across multiple Member States, such as the Europol Financial Intelligence Public Private Partnership (EFIPPP).
Amendment 84 #
2021/0240(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Considering that cooperation between supervisory, administrative and law enforcement authorities is crucial for successful combatting of money laundering and terrorism financing, and certain Union authorities and bodies have specific tasks or mandates in that area, the Authority should develop its activities in synergy with the EU authorities and bodies involved in the AML/CFT framework and make sure that it is able to cooperate well with such authorities and bodies, in particular OLAF, Europol, Eurojust, and the EPPO. If there is a need to establish specific working arrangements or conclude Memoranda of Understanding between the Authority and these bodies and authorities, the Authority should be able to do so. The arrangement should be of strategic and tcooperation with Europol shall be given particular attention given the complementarity of the tasks of the Authority, especially in its FIU coordination and support mechanical nature, should not imply sharing of any confidential or operational information in possession of the Authoritysm component, with those carried out by Europol. With the exception of Europol, where cooperation should also cover operational aspects, the arrangements should be of strategic and technical nature and should account for tasks already carried out by the other Union institutions, bodies, offices or agencies as regards the prevention of and fight against money laundering and terrorist financing. With the exception of Europol, the arrangements should not imply sharing of any confidential or operational information in possession of the Authority.
Amendment 85 #
2021/0240(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Since both predicate offenses as well as the crime of money laundering itself often are of global nature, and given that the Union obliged entities also operate with and in third countries, effective cooperation with all the relevant third country authorities in the areas of both supervision and functioning of FIUs are crucial for strengthening the Union AML/CFT framework. Given the Authority’s unique combination of direct and indirect supervision and FIU cooperation-related tasks and powers, it should be able to take an active role in such external cooperation arrangements, without prejudice to the respective competences of the Member States, the Union institutions, offices, Bodies and Agencies. Specifically, the Authority should be empowered to develop contacts and enter into administrative arrangements with authorities in third countries that have regulatory, supervisory and FIU-related competences. The Authority’s role could be particularly beneficial in cases where the interaction of several Union public authorities and FIUs with third country authorities concerns matters within the scope of the Authority’s tasks. In such cases, the Authority should have a leadcoordinating role in facilitating this interaction. The Authority should also undertake its activities in close consultation with other EU institutions, offices, bodies and agencies in the field of AML/CFT that already have established third-country cooperation relationships.
Amendment 90 #
2021/0240(COD)
Proposal for a regulation
Article 1 – paragraph 3 – subparagraph -1 (new)
Article 1 – paragraph 3 – subparagraph -1 (new)
-1 The objectives listed in points (a), (b), (e) and (f) shall be pursued without prejudice to and in synergy with the complementary objectives of Europol, as defined in its founding Regulation.
Amendment 94 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Tasks listed at points (a), (b),(e) and (g) shall be pursued in close cooperation with Europol.
Amendment 95 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) develop appropriate methods and procedures for the conduct of such joint analyses of cross-border cases, also using the analytical expertise of other EU bodies such as Europol;
Amendment 96 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) set up, coordinate, organise and facilitate the conduct of joint analyses carried out by FIUs, taking into account analysis already carried out by other EU institutions, offices, bodies and agencies involved in the AML/CFT framework;
Amendment 97 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) develop and make available to FIUs' and connected third parties' IT and artificial intelligence services and tools for secure information sharing, including by hosting FIU.net;
Amendment 98 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point h a (new)
Article 5 – paragraph 5 – point h a (new)
(ha) Support and promote the interaction and information dissemination of FIUs with/to law enforcement agencies in general and Europol in particular;
Amendment 99 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point h b (new)
Article 5 – paragraph 5 – point h b (new)
(hb) Develop, support and promote processes for FIUs to efficiently and pro- actively detect and handle terrorist financing cases, involving also Europol intelligence;
Amendment 100 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point i
Article 5 – paragraph 5 – point i
(i) in cooperation with Europol, prepare and coordinate threat assessments, strategic analyses of money laundering and terrorism financing threats, risks and methods identified by FIUs.
Amendment 101 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. For the purpose of carrying out the tasks conferred on it by this Regulation, the Authority shall apply or take into consideration all relevant Union law, and where this Union law is composed of Directives, the national legislation transposing those Directives. Where the relevant Union law is composed of Regulations and where currently those Regulations explicitly grant options for Member States, the Authority shall apply also the national legislation exercising those options.
Amendment 102 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. With respect to FIUs in the Member States and other EU institutions, offices, bodies and agencies involved in the AML/CFT framework, the Authority shall have the following powers:
Amendment 103 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) to collect information and statistics in relation to the tasks and activities of the FIUs and other EU institutions, offices, bodies and agencies involved in the AML/CFT framework with which the Authority is cooperating;
Amendment 104 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) to obtain and, process and match information and data required for the initiation and coordination of joint analyses as specified in Article 33;
Amendment 105 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) to issue guidelines and recommendations. with the input, when relevant, from other EU institutions, offices, bodies and agencies involved in the AML/CFT framework.
Amendment 106 #
2021/0240(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) to issue guidelines and recommendations, as provided in Article 43 with the input, when relevant, from other EU institutions, offices, bodies and agencies involved in the AML/CFT framework;
Amendment 107 #
2021/0240(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the scope and Union-wide relevance of thematic reviews justify coordination at Union level, they shall be carried out jointly by the relevant supervisory authorities and shall be coordinated by the Authority. The General Board in supervisory composition shall draw up a list of joint thematic reviews. The General Board in supervisory composition shall draw up a report relating to the conduct, subject-matter and outcome of each joint thematic review. The Authority shall publish that reporshare this report with the other EU institutions, offices, bodies and agencies involved in the AML/CFT framework and publish it on its website.
Amendment 108 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall establish and keep up to date a central database of information collected pursuant to paragraph 2. The Authority shall analyse the information received, also making use, if relevant, of information from Europol in accordance with Regulation 2016/794 and ensure that ithis analysis is made available to supervisory authorities and other EU institutions, offices, bodies and agencies involved in the AML/CFT framework on a need-to-know and confidential basis. The Authority may share the results of its analysis on its own initiative with supervisory authorities for the purposes of facilitating their supervisory activities.
Amendment 117 #
2021/0240(COD)
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The Authority shall refer matters for criminal prosecution to the relevant national authorities where, in carrying out its duties under this Regulation, it finds that there are serious indications of the possible existence of facts liable to constitute criminal offences. When two or more Member States are involved in facts liable to constitute criminal offences, the Authority shall consider sharing this information with Europol. In addition, the Authority shall refrain from imposing administrative pecuniary sanctions or periodic penalty payments where a prior acquittal or conviction arising from identical facts, or from facts which are substantially the same, has acquired the force of res judicata as the result of criminal proceedings under national law.
Amendment 118 #
2021/0240(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions of the Authority imposing an administrative pecuniary sanction or a periodic penalty payment. It may annul, reduce or increase the fine or periodic penalty payment imposed, as well as order compensation.
Amendment 132 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where, pursuant to Article 25 of [OP please insert the next number to the AMLD, COM(2021)423], a FIU of a Member State identifies a potential need to conduct a joint analysis with one or several FIUs in other Member States, it shall notify the Authority thereof. The Authority may also propose itself the initiation of joint analyses. The Authority shall inform the FIUs in all the relevant Member States and Europol and invite them to take part in the joint analysis within five days of the initial notification. To this end, the Authority shall use secured channels of communication. The FIUs in all the relevant Member States and Europol shall consider taking part in the joint analysis. The Authority shall ensure that the joint analysis is launched within 20 days of the initial notification.
Amendment 134 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. The Authority shall support and be responsible for the coordination of the conduct of the analyses. The Authority shall also develop methods and procedures for the conduct of joint analyses.
Amendment 135 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Any FIU that declines to participate in the conduct of the joint analysis shall provide the reasons thereof in writing to the Authority, within five days of the receipt of the invitation. TIn case the proposal to initiate a joint analysis originated from an FIU, the Authority shall provide such explanation without delay to the FIU having identified the need for a joint analysis.
Amendment 136 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. In order to bring together all relevant information in an early stage of the joint analysis, the joint analysis should encompass by default the matching of subject-matter data against Europol databases and vice versa.
Amendment 137 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Upon explicit consentApart from an explicit and duly motivated objection from the side of the FIUs participating in the joint analysis, the staff of the Authority supporting the joint analysis shall be granted access to all the data pertaining to the subject-matter of the joint analysis and shall be able to process those data. The same principle would apply when Europol would also be given access to part or all of the data.
Amendment 140 #
2021/0240(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The FIUs that participated or were otherwise involved in one or more joint analyses as well as Europol may provide their feedback on the conduct of the analysis, including feedback on the operational support provided by the Authority in the process of the joint analysis, as well as feedback on the outcome of the analysis working methods and arrangements in place, the tools available and the coordination between the participating FIUs. The feedback may be labelled as confidential, in which case it will not be shared with other FIUs.
Amendment 141 #
2021/0240(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The FIU of each Member State mayshall delegate one staff member to the Authority. The national FIU delegate shall have his or her regular place of work at the seat of the Authority.
Amendment 143 #
2021/0240(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The Authority shall ensure uninterrupted functioning of the FIU.net and keep it and up to date. Where necessary to support or strengthen the exchange of information and cooperation between the FIUs and other entities authorized to have access to FIU.net and based on the needs of FIUs, the Authority shall design and implement, or otherwise make available, upgraded or additional functionalities of FIU.net.
Amendment 144 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The Authority shall, where appropriate, conduct open public consultations regarding the guidelines and recommendations which it issues and analyse the related potential costs and benefits of issuing such guidelines and recommendations. Those consultations and analyses shall be proportionate in relation to the scope, nature and impact of the guidelines or recommendations. Where the Authority does not conduct open public consultations, the Authority shall provide its reasons. The Authority will also, when relevant, consult other EU institutions, offices, bodies and agencies involved in the AML/CFT framework to produce such guidelines and recommendations.
Amendment 146 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 3
Article 43 – paragraph 3 – subparagraph 3
If required by that guideline or recommendation, obliged entities shall report, in a clear and detailed way, whether they comply with that guideline or recommendation and, in case of non- compliance, they should provide reasons thereof.
Amendment 148 #
2021/0240(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The request referred to in paragraph 1 may include a public consultation or a technical analysis and may also involve the consultation of other EU institutions, offices, bodies and agencies involved in the AML/CFT framework.
Amendment 153 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 3 – point c a (new)
Article 46 – paragraph 3 – point c a (new)
(ca) A representative of Europol without the right to vote.
Amendment 154 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. The General Board may decide to admit observers. In particular, the General Board in FIU composition shall admit as an observer a representative of OLAF, Europol, Eurojust and the EPPO to meetings when matters fall under their respective mandates. The General Board in supervisory composition shall admit a representative nominated by the Supervisory Board of the European Central Bank and a representative of each of the European Supervisory Authorities, where matters within the scope of their respective mandates are discussed. The General Board in both compositions may also decide to invite relevant domestic and international organisations and members of the academia of recognised standing to its meetings on an ad-hoc basis.
Amendment 156 #
2021/0240(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
The General Board, on its own initiative or at the request of the Chair of the Authority, may establish internal committees for specific tasks attributed to it. The General Board may provide for the delegation of certain clearly defined tasks and decisions to internal committees, to the Executive Board or to the Chair. The General Board may revoke such delegation at any time. All decisions of the internal committees shall have to be endorsed by the General Board in order to be valid.
Amendment 167 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Chair of the Authority shall be selected on the basis of merit, skills, knowledge, recognised standing and experience in the area of anti-money laundering and countering the financing of terrorism, high-level experience in international cooperation and other relevant qualification, following an open selection procedure which shall be published in the Official Journal of the European Union. The Commission shall draw up a shortlist of twohree qualified candidates for the position of the Chair of the Authority. The European Parliament shall hear the candidates in front of its responsible Committee(s). The Council, after approval by the European Parliament, shall adopt an implementing decision to appoint the Chair of the Authority.
Amendment 170 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. If the Chair of the Authority no longer fulfils the conditions required for the performance of his or her duties or has been guilty of serious misconduct, the Council may, following a proposal by the General Board in either composition, and after consultation of the European Parliament, adopt an implementing decision to remove the Chair of the Authority from office. The Council shall act by qualified majority.
Amendment 171 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Should the Chair resign or, be unable to attend to his or her dutiesdismissed or leave his/her position for any other reason, the functions of the Chair shall be performed by the Vice- Chairposition shall immediately be filled in accordance with the procedure set out in paragraph 1.
Amendment 172 #
2021/0240(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Chair of the Authority shall represent the Authority and shall be responsible for preparing the work of the General Board and the Executive Board, including setting the agenda, convening and chairing all the meetings and tabling items for decision. The Chair of the Authority may delegate his/her tasks relating to representation to the Vice- Chair or to a member of the Executive Board.
Amendment 176 #
2021/0240(COD)
Proposal for a regulation
Article 59 – paragraph 1 – introductory part
Article 59 – paragraph 1 – introductory part
1. The Executive Director shall be in charge of the day-to-day management of the Authority and shall aim to ensure gender and geographical balance within the Authority. In particular, the Executive Director shall be responsible for:
Amendment 178 #
2021/0240(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. The Authority shall submit on an annual basis to the European Parliament, to the Council, and to the Commission a report on the execution of the tasks conferred on it by this Regulation, including information on the planned evolution of the structure and amount of the supervisory fees referred to in Article 66, the outcome of joint analyses, the issuing and implementation of guidelines and recommendations and the measures on access to documents in application of Regulation (EC) No 1049/2001. The Chair of the Authority shall present that report in public to the European Parliament.
Amendment 183 #
2021/0240(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. When drafting guidelines and recommendations in accordance with Article 43, having a significant impact on the protection of personal data, the Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679, with special attention to avoiding duplication, inconsistencies and legal uncertainty in the sphere of data protection.
Amendment 185 #
2021/0240(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
Where relevant for the fulfilment of the tasks referred to in Sections 3 and 6 of Chapter II, the Authority may participate in existing cooperation arrangements established in one or across several Member States by supervisory authorities or FIUs, FIUs or other EU institutions, offices, bodies and agencies involved in the AML/CFT framework, where such arrangements involve, inter alia, cooperation and information exchange between the aforementioned authorities and selected obliged entities. PIn case of national partnerships, participation of the Authority shall be subject to consent of the relevant national authority that has established such arrangement. The Authority shall also participate at an appropriate level in partnerships established across multiple Member States.
Amendment 187 #
2021/0240(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
1. The Authority mayshall conclude working arrangements with Union institutions, Union decentralised agencies and other Union bodies, acting in the field of law enforcement and judicial cooperation. Those working arrangements may be of a strategic or technical nature, and shall in particular aim to facilitate cooperation and the exchange of information between the parties thereto. The working arrangements shall neitherRegarding the Coordination and Support Mechanism for EU FIUs of the Authority, the working arrangements shall ensure the mutual involvement in strategic projects carried out by the FIU coordination and support mechanism and other Union bodies involved in the AML/CFT framework, in particular Europol. With the exception of the working arrangement with Europol, the working arrangements shall not form the basis for allowing the exchange of personal data nor. The working arrangements shall not bind the Union or its Member States.
Amendment 189 #
2021/0240(COD)
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. The Authority shall establish and maintain a close relationship with OLAF, Europol, Eurojust, and the EPPO. To that end, the Authority shall conclude separate working arrangements with OLAF, Europol, Eurojust, and the EPPO setting out the details of their cooperation. TWith the exception of the working arrangement with Europol, which shall cover operational and strategic information, the relationship shall aim in particular to ensure the exchange of strategic information and trends in relation to money laundering and terrorist financing threats facing the Union.
Amendment 191 #
2021/0240(COD)
Proposal for a regulation
Article 81 – paragraph 1
Article 81 – paragraph 1
1. In order to achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the Union institutions, bodies agencies and offices, the Authority may develop contacts and enter into administrative arrangements with AML/CFT authorities in third countries that have regulatory, supervisory and FIU- related competences in the field of anti- money laundering and counter terrorism financing as well as with international organisations and third- country administrations. Those arrangements shall not create legal obligations in respect of the Union and its Member States nor shall they prevent Member States and their competent authorities from concluding bilateral arrangements with those third countries.
Amendment 192 #
2021/0240(COD)
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. In cases where the interaction of several Union public authorities and FIUs with third country authorities concerns matters falling within the scope of the Authority’s tasks as defined in Article 5, the Authority shall have a leadcoordinating role in facilitating such interaction where necessary, in close cooperation with other EU institutions, offices, bodies and agencies involved in the AML/CFT framework that have regular interactions with third-country authorities. This role of the Authority shall be without prejudice to the regular interactions by competent authorities with third-country authorities.
Amendment 193 #
2021/0240(COD)
Proposal for a regulation
Article 82 – paragraph 5
Article 82 – paragraph 5
5. The Executive Board shall adopt practical measures for applying Regulation (EC) No 1049/2001 and the rules regarding disclosure of information relating to supervisory procedures. The Authority shall include in its annual report foreseen in Article 72 a detailed section on the implementation of the Regulation for the preceding year.
Amendment 195 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 1 – introductory part
Article 88 – paragraph 1 – introductory part
1. By 31 December 20298, and every five years thereafter, the Commission shall assess the Authority’s performance in relation to its objectives, mandate, tasks and location(s), in accordance with the Commission's guidelines. The evaluation shall, in particular, address:
Amendment 196 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 1 – point c
Article 88 – paragraph 1 – point c
(c) the impact of the activities related to support and coordination of FIUs, and in particular the coordination of the joint analyses of cross-border activities and transactions conducted by FIUs and the successful follow up to those joint analyses in preventing and combating ML and TF;
Amendment 348 #
2021/0240(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The choice of the location of the seat of the Authority shall comply with the following conditions: (a) it shall not affect the Authority’s execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (b) it shall ensure that the Authority is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; (e) it shall enable close cooperation with EU institutions and agencies with relevant experience in the field of risk assessment and supervision; (f) it shall ensure sustainability and digital connectivity with regard to infrastructure and working conditions.
Amendment 69 #
2021/0214(COD)
Proposal for a regulation
Title 1
Title 1
Amendment 91 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However,Whilst free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions, they simultaneously safeguard the competitiveness of European companies, products and services on the global market during a transition period.
Amendment 104 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAMprevent carbon leakage, the CBAM should be progressively phased in, while free allowances in sectors covered by the CBAM are phased outfully maintained in a transitional period. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no casewill not result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 123 #
2021/0214(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility. To this end, CBAM must also safeguard the continued competitiveness of exported goods. A loss of European products’ market share in third countries causing carbon leakage would contravene the aim of the mechanism.
Amendment 185 #
2021/0214(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) As importers of goods covered by this Regulation should not have to fulfil their CBAM obligations under this Regulation at the time of importation, specific administrative measures should be applied to ensure that the obligations are fulfilled at a later stage. Therefore, importers should only be entitled to import CBAM goods after they have been granted an authorisation by the competent authoritiesy responsible for the application of this Regulation.
Amendment 196 #
2021/0214(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should provide support to the competent authoritiesy responsible for the application of this Regulation in carrying out theirits obligations.
Amendment 212 #
2021/0214(COD)
(53) In light of the above, a dialogue with third countries should continue and tat the WTO to set global, non-discriminatory, transparent and enforceable rules on CO2-pricing as well as to prevent trade conflicts should commence as soon as possible. In particular, a rapid agreement on the legal status of non-discriminatory climate measures is needed to prevent the clash of normative frameworks and future trade conflicts. There should be space for cooperation and solutions that could inform the specific choices that will be made on the details of the design of the measure during the implementation, in particular during the transitional period.
Amendment 270 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘competent authority’ means the authority, designated by each Member Statethe European Commission in accordance with Article 11 of this Regulation;
Amendment 320 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable anythe competent authority to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
Amendment 324 #
Amendment 326 #
Amendment 329 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Each Member StateThe European Commission shall designate tha single competent authority to carry out the obligations under this Regulation and inform the Commission thereof.
Amendment 334 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall require that competentustoms authorities shall exchange any information with the competent authority that is essential or relevant to the exercise of theirits functions and duties.
Amendment 340 #
2021/0214(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Commission shall assist the competent authority and customs authorities in carrying out their obligations under this Regulation and coordinate their activities.
Amendment 344 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The competent authority of each Member Statedesignated by the European Commission shall establish a national registry of declarants authorised in that Member States in the form of a standardised electronic database containing the data regarding the CBAM certificates of those declarants, and to provide for confidentiality in accordance with the conditions set out in Article 13.
Amendment 346 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The competent authority of each Member State shall establish a national registry of declarants authorised in thate Member States in the form of a standardised electronic database containing the data regarding the CBAM certificates of those declarants, and to provide for confidentiality in accordance with the conditions set out in Article 13.
Amendment 347 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The competent authority of each Member State shall establish a national registryies of declarants authorised in thate Member States in the form of a standardised electronic database containing the data regarding the CBAM certificates of those declarants, and to provide for confidentiality in accordance with the conditions set out in Article 13.
Amendment 385 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where a CBAM declaration in accordance with Article 6 has not been submitted, the competent authority of the Member State of establishment of the authorised declarant shall assess the CBAM obligations of that declarant on the basis of the information at its disposal and calculate the total number of CBAM certificates due at the latest by the 31 December of the fourth year following that when the CBAM declaration should have been submitted.
Amendment 393 #
2021/0214(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The competent authority of each Member State shall, on request by a authorised declarant authorised in that Member State, re- purchase the excess of CBAM certificates remaining on the account of the declarant in the national registry after the certificates have been surrendered in accordance with Article 22. The request to re-purchase shall be submitted by 30 June of each year when CBAM certificates were surrendered.
Amendment 395 #
2021/0214(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
By 30 June of each year, the competent authority of each Member State shall cancel any CBAM certificates that were purchased during the year before the previous calendar year and that remained in the accounts in the national registry of the declarants authorised in that Member Stateauthorised declarants.
Amendment 402 #
2021/0214(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The customs authorities shall periodically communicate information on the goods declared for importation, which shall include the EORI number and the CBAM account number of the declarant, the 8-digit CN code of the goods, the quantity, the country of origin, the date of declaration and the customs procedure, to the competent authority of the Member State where the declarant has been authorised.
Amendment 404 #
2021/0214(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The customs authorities may communicate in accordance with Article 12(1) of Regulation (EU) No 952/2013, confidential information acquired by the customs authorities in the course of performing their duty or provided on a confidential basis, to the competent authority of the Member State where the declarant has been authorised. The competent authorities of the Member States. The competent authority shall treat and exchange this information in accordance with Council Regulation (EC) No 515/97.
Amendment 407 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Payment of the penalty shall in no case release the authorised declarant from the obligation to surrender the outstanding number of CBAM certificates in a given year to the competent authority of the Member State where the declarant has been authorised.
Amendment 500 #
2021/0214(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The customs authorities shall, by means of the surveillance mechanism established pursuant to Article 56(5) of Regulation (EU) No 952/2013, communicate to the competent authority of the Member State of importation information on imported goods, including processed products resulting from the outward processing procedure. Such information shall include the EORI number of the declarant, the 8-digit CN code, the quantity, the country of origin and the declarant of the goods, the date of declaration and the customs procedure.
Amendment 501 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Each declarant shall, for each quarter of a calendar year, submit a report (‘CBAM report’) containing information on the goods imported during that quarter, to the competent authority of the Member State of importation or, if goods have been imported to more than one Member State, to the competent authority of the Member State at the declarant’s choice, no later than one month after the end of each quarter.
Amendment 124 #
2021/0201(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to contribute to the increased ambition to reduce greenhouse gas net emissions from at least 40 % to at least 55 % below 1990 levels, binding annual targets for net greenhouse gas removals should be set out for each Member State in the land use, land use change and forestry sector in the period from 2026 to 2030 (in analogy to the annual emission allocations set out in Regulation (EU) 2018/842 of the European Parliament and of the Council32 ), resulting in a target of 310259 millions of tonnes CO2 equivalent of net removals for the Union as a whole in 2030 and should take into account the most recent developments. The target for 2030 should promote and strengthen sustainable forest management which allows for the adaptation of forests to climate change in the long term, promotion of high substitution effects through the bio economy, an increase in sinks and the creation of carbon storage products including all relevant bio-based product categories that have a carbon sequestration effect. The methodology used to establish the national targets for 2030 should take into account the average greenhouse gas emissions and removals from the years 2016, 2017 and 2018, reported by each Member State, and reflect the current mitigation performance of the land use, land use change and forestry sector, and each Member State’s share of the managed land area in the Union, taking into account the capacity of that Member State to improve its performance in the sector via land management practices or changes in land use that benefit the climate and biodiversity. __________________ 32Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
Amendment 148 #
2021/0201(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The progress towards the 2030 target should be reviewed and, if necessary, adapted in 2025 and 2027.
Amendment 150 #
2021/0201(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Regulation 2018/841 will remain an accounting tool setting the overall ambitions and accounting rules in line with the Union Climate Law and the IPCC principles. Any conditions or measures for achieving the targets in land use and forestry sectors are already set in existing regulations or will be discussed in upcoming proposals, always reflecting the subsidiarity principle.
Amendment 177 #
2021/0201(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The Commission should review the current system of reporting CO2 and non- CO2 greenhouse gas emissions within one reporting scheme before any new legislative proposal in that area is submitted. That review should reflect the difference between short lifecycle gases, such as methane, and long life cycle gases, such as carbon dioxide that remain in the atmosphere for more than 1000 years. The cyclical nature of biogenic methane emissions also needs to be considered within the reporting framework and how biogenic methane emissions differ from mined fossil methane.
Amendment 192 #
2021/0201(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The land sector has the potential to become rapidly climate-move towards carbon neutrality by 2035 in a cost-effective manner,through carbon removals and subsequently generate more greenhouse gas removals than emissions. A collective commitment aiming to achieve climate- neutrality in the land sector in 2035 at EU level can provide the needed planning certainty to drive land- based mitigation action in the short term, considering that it can take many years for such action to deliver the desired mitigation outcomes. Moreover, the land sector is projected to become the largest sector in the EU greenhouse gas flux profile in 2050. It is therefore particularly important to anchor that sector to a trajectory that can effectively deliver net zero greenhouse gas emissions by 2050. By mid-2024, the Member States should submit their updated integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council34 . The plans should include relevant measures by which each Member State best contributes to the collective target of climate neutrality in the land sector at EU level in 2035. On the basis of these plans, the Commission should propose national targets, ensurassess the aim of climate neutrality in the land sector in 2035 in light of the objectives laid down in Article 39 TFEU, the Union bioeconomy and the substitution of fossil fuels. Nevertheless, the first objective of Union agriculture should remain the production of high-quality and sustainable products. If deemed feasible, the Commission should then make recommendations for national and Union measures aiming towards net zero greenhouse gas emissions in 2035, meaning that the Union-wide greenhouse gas emissions and removals in the land use, land use change and forestry sector and the emissions from the agriculture non-CO2 sectors are at least balanced by 2035. Contrary to the EU lthat year. Contributions to achievel target of climate neutrality for the land sector by 2035, such national targets will be binding and enforceable on eachhat aim should be fairly distributed among sectors and Member States. __________________ 34Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p.1).
Amendment 234 #
2021/0201(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
Amendment 366 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. This Regulation also applies, subject to the requirements referred to in Article 2(3a) hereof, to emissions and removals of the greenhouse gases listed in Section A of Annex I, reported pursuant to Article 26(4) of Regulation (EU) 2018/1999 and occurring on the territories of Member States from 2031 and onwards, in any of the land categories listed in paragraph 2, points (a) to (j) and in any of the following sectors:
Amendment 369 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 –paragraph 3 a (new)
Article 2 –paragraph 3 a (new)
3 a. Before 2025, the Commission shall: (a) assess the difference between the sources and cycles of biogenic and fossil methane emissions; (b) propose a methane calculation model based on net global warming impact, rather than on emission input figures, which do not take account of the cooling effect of reductions in cyclical methane emissions, in line with the Paris Agreement; (c) explore the development of a methane efficiency index that would compare kilos of methane generated per unit of output produced for different agricultural products; (d) conduct an impact assessment on the scope set out in Article 2(3) of this Regulation with regard to the objectives of Article 39 TFEU, the Union bioeconomy and the substitution of fossil fuels. Member States shall ensure a fair distribution between the sectors through appropriate national policies. The Commission shall analyse whether the national measures lead to a fair distribution of action between the sectors and Member States, without negatively impacting security of supply, the bioeconomy, or creating displacement effects.
Amendment 397 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2. The 2030 Union target for net greenhouse gas removals is 310259 million tonnes CO2 equivalent as a sum of the Member States targets established in accordance with paragraph 3 of this Article, and shall be based on the average of its greenhouse gas inventory data for the years 2016, 2017 and 2018.
Amendment 403 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article – 4 – paragraph 2 – subparagraph 2
Article – 4 – paragraph 2 – subparagraph 2
Each Member State shall ensure that, taking into account the flexibilities provided for in Articles 12 and 13 and 13b, the annual sum of its greenhouse gas emissions and removals on its territory and in all of the land reporting categories referred to in Article 2(2), points (a) to (j), in each year in the period from 2026 to 2030 does on average not exceed the limit, established byquivalent to the cumulated values of a linear trajectory, ending in 2030 on the target set out for that Member State in Annex IIa. The linear trajectory of a Member State shall start in 2022.
Amendment 428 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. The Commission shall adopt implementing acts setting out the annual targets based on the linear trajectory for net greenhouse gas removals for each Member State, for each year in the period from 2026 to 2029 in terms of tonnes CO2 equivalent. These national trajectories shall be based on the average greenhouse gas inventory data for the years 2021, 2022 and 2023, reported by each Member State. The value of the 310259 million tonnes CO2 equivalent net removals as a sum of the targets for Member States set out in Annex IIa may be subject to a technical correction due to a change of methodology by Member States. The method for determination of the technical correction to be added to the targets of the Member States, shall be set out in these implementing acts. For the purpose of those implementing acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by Member States pursuant to Article 26(4) of Regulation (EU) 2018/1999.
Amendment 458 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
The Commission shall, by 31 December 2025 and on the basis of integrated national energy and climate plans submitted by each Member State pursuant to Article 14 of Regulation (EU) 2018/1999 by 30 June 2024, make proposals for the contribution of each Member State to the net emissions reduction.’;: (a) conduct an impact assessment of the net zero greenhouse gas emissions target for 2035 in light of the objectives laid down in Article 39 TFEU, the Union bioeconomy and the substitution of fossil fuels; (b) based on the impact assessment referred to in point (a) of this subparagraph, make recommendations for Member States to design policies which equally incentivise emission removals and reductions and ensure a balance between all sectors set out in Article 2(3), points (a) to (i), in order to achieve the indicative target of net zero in 2035, while ensuring a fair distribution among Member States; (c) introduce a fair, market-based and voluntary compensation mechanism for a carbon certification trading system, which promotes high-quality carbon certificates that can ensure the achievement of the criteria of additionality, permanence, no double counting and authenticity to incentivise improved land management practices, resulting in enhanced carbon capture; (d) consider decreasing sink services that arise in connection with land use changes in the area of the expansion of settlement and transportation areas separately and make sure that they are not accounted for at the expense of the sectors set out in Article 2(3), points (a) to (i).
Amendment 498 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2018/841
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall adopt delegated acts in accordance with Article 16 in order to amend paragraph 1 of this Article and Annex V by adding new categories of carbon storage products, including short and long-life harvested wood products, that have a carbon sequestration effect, and by introducing a life-cycle assessment of those products, including recycled products, based on IPCC Guidelines as adopted by the Conference of the Parties to the UNFCCC or the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement, and ensuring environmental integrity.; The Commission shall, in addition, develop a methodology for an additional category of “Fossil Substitution Products”. That methodology shall calculate the positive substitution effect of carbon storage products and assess the inclusion of bioenergy carbon capture and storage processes in carbon storage products.;
Amendment 594 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point c
Article 13 b – paragraph 3 – subparagraph 1 – point c
(c) the difference in the Union between the annual sum of all greenhouse gas emissions and removals on its territory and in all of the land reporting categories referred to in Article 2(2), points (a) to (j), and the Union target [of 310259 million tonnes CO2 equivalent of net removals] is negative, in the period from 2026 to 2030.
Amendment 673 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Amendment 691 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2018/1999
Article 4 – paragraph 1 –point a – point 1 – point ii
Article 4 – paragraph 1 –point a – point 1 – point ii
the Member State’s commitments and national targets for net greenhouse gas removals pursuant to Article 4(1) and (2) of Regulation (EU) 2018/841 and its contributions aim towards reaching the Union objective of reducing greenhouse gas emissions to net zero by 2035 and achieving negative emissions thereafter pursuant to Article 4(4) of that Regulation;;
Amendment 695 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Regulation (EU) 2018/1999
Article 38 – paragraph 1 a
Article 38 – paragraph 1 a
In 2025, the Commission shall carry out a comprehensive review of the national inventory data submitted by Member States pursuant to Article 26(4) of this Regulation, in order to assess the target set out in Article 4(3)of Regulation (EU) 2018/842 in accordance with Article 4(4a) of that Regulation and to determine the annual targets of net greenhouse gas emissions reduction of the Member States pursuant to Article 4(3) of Regulation (EU) 2018/841 and in order to determine the annual emission allocations of the Member States pursuant to Article 4(3) of Regulation (EU) 2018/842;
Amendment 104 #
2021/0114(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should have the power, on its own initiative, to examine any information on foreign subsidies. To this end, it is necessary to establish a procedure consisting of two steps, namely a preliminary review and an in-depth investigation. The Commission should be able to act upon information received from any relevant source, including Member States and trade associations.
Amendment 285 #
2021/0114(COD)
The Commission may on its own initiative examine information from any source, including Member States and trade associations, regarding alleged distortive foreign subsidies.
Amendment 171 #
2021/0050(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Article 23 of the Charter of Fundamental Rights of the European Union provides that equality between women and men must be ensured in all areas, including employment, work and pay, where Article 51 of the Charter emphasises the due regard for the principle of subsidiarity.
Amendment 230 #
2021/0050(COD)
Proposal for a directive
Recital 12
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-sizedmid-cap enterprises.
Amendment 276 #
2021/0050(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Member States should develop specific tools and methodologies to support and guide the assessment of what constitutes work of equal value. This should facilitate the application of this concept, especially for small and medium- sized enterprises.
Amendment 308 #
2021/0050(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Pay transparency measures should protect workers’ right to equal pay while limiting as much as possible costs and burden for employers, paying specific attention to micro and small enterprises. Where appropriate, measures should be tailored to the size of employers taking into account employers’ headcount.
Amendment 329 #
2021/0050(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 250 0 workers should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker-related matters in their management report. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
Amendment 344 #
2021/0050(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To reduce the burden on employers, Member States could decide to gather and interlink the necessary data through their national administrations allowing for a computation of the pay gap between female and male workers per employer. Such data gathering may require interlinking data from several public administrations (such as tax inspectorates and social security offices) and would be possible if administrative data matching employers’ (company/organisational level) to workers’ (individual level) data, including benefits in cash and in-kind, are available. Member States could decide to gather this information not only for those employers covered by the pay reporting obligation under this Directive, but also with regard to small and medium-sized enterprises. The publication of the required information by Member States should replace the obligation of pay reporting on those employers covered by the administrative data provided that the result intended by the reporting obligation is achieved.
Amendment 363 #
2021/0050(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 2500 workers that show pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should be designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.
Amendment 424 #
2021/0050(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Litigation costs create a serious disincentive for victims of gender pay discrimination to claim their right to equal pay, leading to insufficient protection and enforcement of the right to equal pay. In order to remove this strong procedural obstacle to justice, successful claimants should be allowed to recover their procedural costs from the defendant. On the other hand, claimants should not be liable for successful defendant’s proceedings costs unless the claim was brought in bad faith, was clearly frivolous or if the non-recovery by the defendant would be considered unreasonable by the courts or other competent authorities under the specific circumstances of the case, for instance having regard to the financial situation of micro-enterprises.
Amendment 452 #
2021/0050(COD)
Proposal for a directive
Recital 52
Recital 52
(52) 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 enterprisesmid-cap companies, excluding micro, small and medium-sized enterprises (SMEs) from any legislation concerning gender pay transparency or minimum wages, in order to ensure that they are not disproportionately affected. Moreover, giving specific attention to micro- enterprises, to alleviate the administrative burden, and to publis and SMEs, and due to the increasing administrative burden through current legislation, a thorough analysis must be published with the results of suchan assessments how micro-enterprises and SMEs can be sustainably relieved of 30% of their administrative workload.
Amendment 481 #
2021/0050(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive applies to all workers who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State with consideration to the case-law of the Court of Justice.
Amendment 542 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value.
Amendment 570 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria regarding the requirements of the work which shall include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved and work undertaken. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
Amendment 572 #
2021/0050(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 593 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 599 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 1
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 toprovided upon request it.
Amendment 606 #
2021/0050(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 617 #
2021/0050(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for worker, whereby Member States shall give specific attention to micro-enterprises and SMEs. These criteria shall be gender-neutral.
Amendment 632 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers in companies with more than 200 employees shall have the right to receive information on their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4. In the case of companies that are bound by and/or apply collective bargaining agreements, a reference to the applicable collective bargaining agreement shall suffice as information.
Amendment 646 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Employers shall inform all workers, on an annual basiswithin a reasonable time frame, of their right to receive the information referred to in paragraph 1.
Amendment 661 #
2021/0050(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Workers shall have the possibility to request the information referred to in paragraph 1 through their representatives or an equality body.
Amendment 676 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Employers with at least 2500 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:
Amendment 721 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 1 – point g
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. In the case of companies that are bound by and/or apply collective bargaining agreements, reference to the relevant collective bargaining agreement shall suffice.
Amendment 747 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basievery three years, collectively bargained companies every five years 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.
Amendment 760 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 772 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 785 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and their representatives, labour inspectorates and equality bodies 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. Member States may foresee that workers’ representatives, the labour inspectorate and/or the equality body may be involved in this procedure.
Amendment 787 #
2021/0050(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and their representatives, and labour inspectorates and equality bodies 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 body.
Amendment 801 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that employers with at least 2500 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:
Amendment 822 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. A presumption of appropriateness applies to companies that are bound by or apply collective bargaining agreements.
Amendment 851 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 4
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 within a reasonable time frame. 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.
Amendment 853 #
2021/0050(COD)
Proposal for a directive
Article 9 – paragraph 4
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.
Amendment 885 #
2021/0050(COD)
Proposal for a directive
Article 13
Article 13
Amendment 902 #
2021/0050(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The compensation or reparation referred to in paragraph 1 shall ensure real and effective compensation for the loss and damage sustained, in a way which is dissuasive and proportionate to the damage suffered.
Amendment 912 #
2021/0050(COD)
Proposal for a directive
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 921 #
2021/0050(COD)
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 employere to prove that there has been no such discrimination.
Amendment 923 #
2021/0050(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 936 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 947 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at threone years at leamost.
Amendment 949 #
2021/0050(COD)
Proposal for a directive
Article 18 – paragraph 4
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.
Amendment 952 #
2021/0050(COD)
Proposal for a directive
Article 19
Article 19
Amendment 967 #
2021/0050(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States 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, and proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and of any subsequent amendment affecting them.
Amendment 975 #
2021/0050(COD)
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the same work or work of equal value. They shall set a minimum level for such fines ensuring real deterrent effect. The level of the fines shallmay take into account:
Amendment 1025 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
Amendment 1031 #
2021/0050(COD)
Proposal for a directive
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
Amendment 1057 #
2021/0050(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law or practice. Collectively agreed pay regulations shall be subject to the presumption that discrimination on the basis of gender is excluded. Activities which are assigned to different remuneration groups on the basis of collective bargaining agreements shall not be regarded as equal or equivalent.
Amendment 1084 #
2021/0050(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. When informing the Commission, Member States shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on small and medium- sizedmid-cap enterprises and a reference to where such assessment is published.
Amendment 11 #
2020/2272(ACI)
Proposal for a decision
Paragraph 2
Paragraph 2
2. Insists that, in line with the political statement, the institutions commit to a coordinated approach on reinforcing the common transparency culture with the view to improving and further strengthening ethical interest representation; highlights their obligation under the Agreement, and in accordance with Article 13(2) TEU, to practise mutual sincere cooperation when developing the scheme and that the institutions should therefore aim for the highest level of commitment; insistreminds that the measures referred to in the Aagreement represent athe minimum for which should be expanded further; there is political support given the existing constitutional and legal limitations;
Amendment 19 #
2020/2272(ACI)
Proposal for a decision
Paragraph 5
Paragraph 5
5. Welcomes the commitments made by Parliament in the negotiation process on conditionality and complementary transparency measures; considers that the modification of Rules 11 and 35 of its Rules of Procedure have provided a strong impetuscommitment in that regard; welcomes the fact that the Agreement preserves the constitutional right of the Members to exercise their mandate freely;
Amendment 22 #
2020/2272(ACI)
Proposal for a decision
Paragraph 9
Paragraph 9
9. Is of the opinion that the implementation of the conditionality measures and other complementary transparency measures through individual decisions is not only a way to respect the respective internal organisational powers of the three signatory institutions but that it offers also an opportunity to increase the level of commitment of the respective institutions with regard to the scheme throughout the implementation period; welcomes in that regard the fact that the annual report has been expanded to cover the implementation of such measures adopted by the signatory institutions;
Amendment 30 #
2020/2272(ACI)
Proposal for a decision
Paragraph 13
Paragraph 13
13. Insists on the need to ensure that, within Parliament, there is a high degree of political ownership of the implementation and review process; proposes therefore that a monitoring group is established within the Committee on Constitutional Affairs; suggests that the review process provided for in Article 14 of the Agreement should be informed and shaped in close cooperation with EP Vice- President responsible for Transparency;
Amendment 48 #
2020/2272(ACI)
Proposal for a decision
Paragraph 15
Paragraph 15
15. Calls on the Committee on Constitutional Affairs to consider, Underlines the importance of political ownership guaranteeing the pbrocess of revision of the EP Rules of Procedure, further transparency measures which should be introduced in order to enhance Parliaad consensus necessary to go beyond the current proposals, especially in view of the formal requirement’s commitment to the joint schemthat apply to any revision of the Rules of Procedure;
Amendment 25 #
2020/2220(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the procedure for the 2014 elections set a precedent for the role of the Parliament in the selection of the EC President through the lead candidate principle; whereas it was not possible for that procedure to become part of an overall reform of EU electoral law, which contributed to creating the political background for the unexpected disapplication of the lead candidate principle following the European elections of 2019, which resulted from the lack of a common indication from the European political parties and parliamentary groups in support of one of the lead candidates and the European Council’s lack of agreement on nominating any of the lead candidates;
Amendment 29 #
2020/2220(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas introducing obligatory thresholds is recognised by constitutional tradition as a legitimate means of guaranteeing that parliaments are able to function;
Amendment 76 #
2020/2220(INL)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas in certain Member States the ballot papers containing the list of candidates for the elections to the European Parliament may be misleading, since political parties or coalitions are allowed in certain territories within a single national constituency to indicate on the ballot paper only the names of certain candidates and alternates and to indicate a name, acronym or symbol other than that of the political party or coalition; whereas this situation is contrary to the most elementary requirements of transparency and democracy in elections;
Amendment 80 #
2020/2220(INL)
Motion for a resolution
Recital T
Recital T
T. whereas the establishment of a joint constituency in which lists are headed by each political family’s candidate for the post of Pa strong link between elected members and constituents is a crucial element of any represident of the Commission would greatly strengthen European democracy and further legitimative democracy; whereas the principle of geographic representation ise the election of the President of the Commissrefore crucial for allocation of all seats in European election;s.
Amendment 108 #
2020/2220(INL)
Motion for a resolution
Recital X
Recital X
X. whereas postal, electronic and internet voting could make the conduct of European elections more efficient and more appealing for voters, whilst ensuring the highest possible standards of data protectionelection integrity;
Amendment 121 #
2020/2220(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that European political parties and movements should play a more central role in the European elections process and should become clearly visible for voters;
Amendment 138 #
2020/2220(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers gender equality to be a key horizontal element for improving the quality of EU democracy and enhancing a European public space; calls on Member States to apply this principle and the provisions contained in the Parliament’s proposal in the attached legislative act in a comprehensive way, in accordance with their own competences; calls for the introduction of lists of candidates with an equal number of male and female candidates for the electable places, for example through the use of zipped lists or other equivalent methods, since, in many Member States, there is no legislation that ensures political gender parity in elecrepresentation in elections; considers quotas based on identity categories to be no issue for European legislation as in some Member States constitutional courts have judged them to be in contradiction of freedom of associations;.
Amendment 154 #
2020/2220(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers it essential that both European and national political parties and movements adopt democratic, informed and transparent procedures for the selection of candidates to the European Parliament, including the lead candidate, ensuring the direct involvement of individual citizens who are party members, including, but not limited to, the election of delegates; considers that such democratic selection should be accompanied by the necessary information as regards the capacities and performance of the aspiring candidates;
Amendment 161 #
2020/2220(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that all European voters should be allowed to indicate their preferred candidate for the President of the Commission, and that leading candidates should be able to stand in all Member States, nominated by a European political party, by a movement or by a coalition of European parties, putting forward a common electoral programme;
Amendment 168 #
2020/2220(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on European political parties and movements to nominate their candidates for the position of President of the Commission - or common candidates of a coalition of European parties and movements - at least 12 weeks before the start of the electoral period; considers that binding democratic procedures and transparency in the selection should be ensured; expects candidates to be placed in the first position of the corresponding list of the joint constituency;
Amendment 177 #
2020/2220(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for enhancing the visibility of European parties and movements through media campaigns and on ballot papers and all electoral materials; determines that national parties shall indicate their affiliation to the European political parties and to the corresponding lead candidate during the electoral campaign;
Amendment 181 #
2020/2220(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expects the leaders of the European political parties and parliamentary groups to agree on a common indication to the European Council on the basis of the outcome of the European elections as well as on the availability of a potential; expects that the lead candidate whose European political party has received the overall highest number of votes in the Union- wide constituency will be tasked with forming a coalition majority in the newly elected Parliament as regards the nomination of a candidate for President of the European Commission; expects the President of the European Council to consult the said leaders of the European political parties and parliamentary groups in order to inform the nomination process, considers that this process could be formalised by a political agreement between the European political parties and by an Inter-Institutional Agreement between Parliament and European Council;
Amendment 192 #
2020/2220(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the introduction of a joint constituency from which forty-sixtwenty- seven members of the European Parliament shall be elected and in which lists are headed by each political family’s candidate for the post of President of the Commission could offer an opportunity to enhance the democratic and transnational dimension of the European elections; believes that the goal of establishing a joint constituency is achievable only if geographical, demographic and gender balance is ensured, by guaranteeing that smaller Member States are not put at a competitive disadvantage compared to the larger Member States; suggests in this respect introducing binding demographic representation in the lists for the joint constituency, such as maximum thresholds for candidates residing in the same Mthat one seat per member Sstate and a minimum obligatory representation of nationals of different Member States; encourages European parties and movements to appoint candidates in the joint lists coming from all Member Statesis allocated in the joint constituency;
Amendment 208 #
2020/2220(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that transnational lists are a lever that can be used to bring about the formation of true and effective European political parties and movements;
Amendment 216 #
2020/2220(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Suggests including common provisions governing expenditure linked to the European electoral campaign for each entiparty admitted for the purpose of tabling a list of candidates for members of the European Parliament in the Union-wide constituency; calls for strong coordination with the upcoming revision of Regulation (EU, Euratom) No 1141/20214 on this matter;
Amendment 230 #
2020/2220(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that ballot papers containing the list of candidates for the elections to the European Parliament must not under any circumstances be misleading or deceptive as to the candidate actually voted for; rejects allowing political parties or coalitions in certain areas within a single national constituency to indicate on the ballot paper only the names of certain candidates and substitutes, or to indicate a name, acronym or symbol other than that of the political party or coalition; proposes that the ballot paper for each candidate may not be different within the same national constituency;
Amendment 253 #
2020/2220(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that the introduction of postal voting is needed for voters who are unable to go to the polling stations on election day, and that this could make the conduct of European elections more efficient and more appealing for voters in specific or exceptional circumstances; calls on Members States to consider the possible introduction of complementary enhancing tools such as electronic or internet voting, in accordance with their own national traditions, and with appropriate safeguards;
Amendment 280 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution –Recital 5
Annex to the motion for a resolution –Recital 5
(5) Article 17(7) of the Treaty on European Union (TEU) gives the European Parliament the right to elect the President of the European Commission. In order to give that right its appropriate expression, the European public sphere should be developed in such a way that all European voters are allowed to indicate their preferred candidate for the President of the European Commission. For this to happen, the lead candidates nominated by a European political party, by a movement or by a coalition of European parties, need to be able to stand behind a common electoral programme in all Member States. Likewise, a Union-wide constituency, in which lists are headed by each political family’s candidate for President of the Commission, should be created, in order to enhance the democratic and pan- European dimension of the European elections. That Union-wide constituency should be subject to clear rules ensuring gender and demographic proportionality, with particular attention to small and medium sizedconsist of one seat per Member States.
Amendment 291 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 6
Annex to the motion for a resolution – Recital 6
(6) According to Article 10(4) of the TEU, political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union. European political parties and movements should therefore play a more central role in the European elections’ process, including by giving them the possibility of tabling pan- European lists in the Union- wide constituency, so that they become known by and more visible to electors, both on ballot papers and in campaign materials and publications.
Amendment 293 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 7
Annex to the motion for a resolution – Recital 7
(7) In the European democracy action plan6 , the Commission has committed to promoting access to democratic participation, which entails inclusiveness and equality in democratic participation, as well as gender balance in politics and decision-making. In its 2020-2025 gender equality strategy7 , the Commission stated that equal opportunity in participation is essential for representative democracy at all levels. Gender equality and democratic, informed and transparent procedures for the selection of candidates to the European Parliament elections, including the lead candidate, are key horizontal elements for reinforcing representativeness and democracy. __________________ 6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the European democracy action plan (COM(2020)0790). 7 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “A Union of Equality: Gender Equality Strategy 2020-2025” (COM(2020)0152).
Amendment 310 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 10
Annex to the motion for a resolution – Recital 10
(10) In order to encourage voter participation in elections to the European Parliament, Member States should provide for advance and postal voting. To fully take advantage of the possibilities offered by technological developments, Member States could also permit electronic and internet voting, while ensuring the reliability of the result, the secrecy of the vote and the protection of personal data, in accordance with applicable Union law.
Amendment 332 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution –Article 2 – point 1
Annex to the motion for a resolution –Article 2 – point 1
(1) ‘political party’ means an association of citizens which pursues political objectives and which is either recognised by, or established in accordance with, the legal order of at least one Member State and that intends to form or to join a European coalition of national political parties and/or national political movements in order to table a list of candidates to, and campaigning for, the Union-wide constituency;in accordance with Regulation (EU, Euratom) No 1141/2014.
Amendment 337 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution –Article 2 – point 2
Annex to the motion for a resolution –Article 2 – point 2
Amendment 342 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 2 a (new)
Annex to the motion for a resolution – Article 2 – point 2 a (new)
(2a) 'political alliance' means a structured cooperation between political parties and/or citizens in accordance with Regulation (EU, Euratom) No 1141/2014;
Amendment 347 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 3
Annex to the motion for a resolution – Article 2 – point 3
Amendment 351 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 4
Annex to the motion for a resolution – Article 2 – point 4
(4) ‘European political party’ means a political alliance of national political parties which pursues political objectives and is registered with the Authority for European political parties and foundations in accordance with Regulation (EU, Euratom) No 1141/2014 (8 ) for the purposes of tabling a candidacy to, and campaigning for, the Union-wide constituency; __________________ 8 Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations, OJ 2014/L 317/1.
Amendment 355 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 5
Annex to the motion for a resolution – Article 2 – point 5
Amendment 362 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 6
Annex to the motion for a resolution – Article 2 – point 6
Amendment 368 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 7
Annex to the motion for a resolution – Article 2 – point 7
Amendment 419 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 8 – paragraph 2
Annex to the motion for a resolution – Article 8 – paragraph 2
2. Member States may provide additional possibilities of voting by way of electronic and internet systems, without prejudice to the possibility of proxy votingthrough a proxy as allowed by applicable national provisions at the time of the entry into force of this Regulation. In the event of electronic, internet, and proxy voting, Member States shall adopt all necessary measures to ensure the reliability and the secrecy of the vote, and the protection of personal data in accordance with applicable Union law.
Amendment 428 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 10 – paragraph 1
Annex to the motion for a resolution – Article 10 – paragraph 1
All political parties Europeand political movements and European electoral entiparties participating in elections to the European Parliament shall observe democratic procedures and transparency in selecting their candidates for election to the European Parliament.
Amendment 434 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 10 – paragraph 2
Annex to the motion for a resolution – Article 10 – paragraph 2
Amendment 458 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 12 – paragraph 4
Annex to the motion for a resolution – Article 12 – paragraph 4
4. In the Union-wide constituency, Members of the European Parliament shall be elected using the closed list systemsingle-member plurality voting.
Amendment 460 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 13 – paragraph 1
Annex to the motion for a resolution – Article 13 – paragraph 1
1. Member States may set a minimum threshold for the allocation of seats in the national constituencies. At national level, this threshold may not exceedFor constituencies, and for single- constituency Member States, in which the list system is used and which comprise more than 35 seats, Member States shall set a threshold for the allocation of seats of 5 % of the total number of valid votes cast.
Amendment 464 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 13 – paragraph 2
Annex to the motion for a resolution – Article 13 – paragraph 2
Amendment 467 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 13 – paragraph 2 a (new)
Annex to the motion for a resolution – Article 13 – paragraph 2 a (new)
2a. Member States shall take the measures necessary to comply with the obligation set out in paragraph 1 no later than in time for the elections to the European Parliament which follow the first ones taking place after the entry into force of Council Decision (EU, Euratom) 2018/994.
Amendment 479 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 1
Annex to the motion for a resolution – Article 15 – paragraph 1
1. There shall be one constituency formed of the entire territory of the European Union from which forty-sixtwenty-seven members of the European Parliament shall be elected.
Amendment 480 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 2
Annex to the motion for a resolution – Article 15 – paragraph 2
2. The election in respect of the Union-wide constituency shall be without prejudice to thenot change the overall number of members of the European Parliament elected in each Member State. For every Member State, one seat shall be allocated to the Union-wide constituency. This seat shall be subtracted from the overall number of seats that the Member State holds in accordance with the respective decision on the composition of the European Parliament.
Amendment 481 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 3 a (new)
Annex to the motion for a resolution – Article 15 – paragraph 3 a (new)
3a. Every candidate of a European political party in a Member State shall have a substitute that is nominated according to the same principles and procedures.
Amendment 482 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 4
Annex to the motion for a resolution – Article 15 – paragraph 4
4. European political parties, European political movements, European electoral coalitions, or European coalitions of national parties and/or national political movements may submit registration lists to the European Electoral Authority established in Article 27.
Amendment 485 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 5
Annex to the motion for a resolution – Article 15 – paragraph 5
5. No later than 12 weeks before Election day, the European electoral entiparties shall provide the European Electoral Authority with a document indicating that all the candidates and substitutes consent to their inclusion in the list. Such a document shall indicate the candidates’ and substitutes names in full, identity card or passport number, date, place of residence, place of signature and personal signature.
Amendment 487 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 6
Annex to the motion for a resolution – Article 15 – paragraph 6
Amendment 489 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 7
Annex to the motion for a resolution – Article 15 – paragraph 7
Amendment 493 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 8
Annex to the motion for a resolution – Article 15 – paragraph 8
Amendment 497 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 10
Annex to the motion for a resolution – Article 15 – paragraph 10
10. No European electoral entipolitical party may submit more than one candidacy per Member State.
Amendment 500 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 11
Annex to the motion for a resolution – Article 15 – paragraph 11
11. The ballots comprising the list of candidates for the Union-wide constituency shall bear the name and logo of the respective European electoral entitypolitical party, the name of the lead candidate and the list of candidates in alphabetical order.
Amendment 503 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 13
Annex to the motion for a resolution – Article 15 – paragraph 13
13. For cCandidates living in a third country, the candidate’s place of residence for the purposes of the composition of the list shall be their one before leaving the European Unionmay only stand for the Union-wide constituency in their countries of residence. For citizens of the Union born and resident in a third country, the place of residence for the purposes of drawing up of the list shall correspond to that of the candidate’s Member State of nationality.
Amendment 505 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 14
Annex to the motion for a resolution – Article 15 – paragraph 14
14. The lists of candidSeates forin the Union-wide constituency shall include a number of candidates equal to the number of mandates as provided for in paragraph 1are allocated to the candidate of a European political party that wins the plurality of votes in a Member State.
Amendment 507 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 15
Annex to the motion for a resolution – Article 15 – paragraph 15
Amendment 512 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 16
Annex to the motion for a resolution – Article 15 – paragraph 16
Amendment 516 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 17
Annex to the motion for a resolution – Article 15 – paragraph 17
Amendment 522 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 18
Annex to the motion for a resolution – Article 15 – paragraph 18
Amendment 527 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 19
Annex to the motion for a resolution – Article 15 – paragraph 19
19. Campaigning for the Union-wide constituency shall start eight weeks before Election day. No electoral campaigning shall be allowed on Election day.
Amendment 530 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 21
Annex to the motion for a resolution – Article 15 – paragraph 21
21. Member States shall forward the electoral results obtained by each list of candidates to the European Electoral Authority. The European Electoral Authority shall aggregate the national results and proclaim the candidates elected as members of the European Parliament after apportionings well as the sleats in accordance to the D´Hondt method, as stated in paragraph 22d candidate whose list has received the most votes.
Amendment 531 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 22 – introductory part
Annex to the motion for a resolution – Article 15 – paragraph 22 – introductory part
22. The allocation of seats based on the results of the scrutiny is carried out in accordance with the following rules: Member States shall forward the electoral results obtained by each list of candidates to the European Electoral Authority. The European Electoral Authority shall aggregate the national results and proclaim the candidates elected as members of the European Parliament and the lead candidate whose list has received the most votes.
Amendment 533 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 22 – point a
Annex to the motion for a resolution – Article 15 – paragraph 22 – point a
Amendment 534 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 22 – point b
Annex to the motion for a resolution – Article 15 – paragraph 22 – point b
Amendment 535 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 22 – point c
Annex to the motion for a resolution – Article 15 – paragraph 22 – point c
Amendment 539 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 23
Annex to the motion for a resolution – Article 15 – paragraph 23
23. In the event of death, resignation, or withdrawal of the mandate of a member of Parliament elected in the Union-wide constituency, the vacancy shall be filled by the nexta substitute candidate inof the list of candidsame European political party in the Member States in which the member who has died, resigned or withdrawn was originally elected.
Amendment 550 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 1
Annex to the motion for a resolution – Article 16 – paragraph 1
1. Each European electoral entipolitical party permitted by the European Electoral Authority to table a list of candidates for members of the European Parliament in the Union-wide constituency shall appoint a general electoral administrator responsible for drawing up a general accounting plan for the income and expenses of the electoral campaign.
Amendment 555 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 3 – subparagraph 1
Annex to the motion for a resolution – Article 16 – paragraph 3 – subparagraph 1
3. The general election administrator shall register a bank account at least 12 weeks prior to the Election day. That bank account shall be opened in a financial entity domiciled in the same city in which the electoral entiEuropean political party has its headquarters.
Amendment 562 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 4 – subparagraph 2
Annex to the motion for a resolution – Article 16 – paragraph 4 – subparagraph 2
An initial amount of EUR 0,50 shall be allocated for each vote obtained by the Union-wide constituency in the previous election to the European Parliament to those European electoral entiparties that have obtained at least one seat in the election. Every five years, the Commission shall adjust that initial amount in line with the average of inflation,.
Amendment 567 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 6
Annex to the motion for a resolution – Article 16 – paragraph 6
6. Within six months of the election, European electoral entipolitical parties shall submit the electoral campaign accounts to the European Court of Auditors, including financial statements and accompanying notes, covering the revenue, expenditure, assets and liabilities of the campaign on the basis of the international accounting standards defined in Article 2 of Regulation (EC) No 1606/20029 . __________________ 9 Regulation (EC) No 1606/2002 of the European Parliament and of the Council on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1).
Amendment 570 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 8
Annex to the motion for a resolution – Article 16 – paragraph 8
8. The European electoral entipolitical parties shall provide any information requested by the European Court of Auditors for the purpose of the audit.
Amendment 581 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 10
Annex to the motion for a resolution – Article 16 – paragraph 10
10. The Electoral Authority may impose sanctions of up to three times the amount irregularly spent by any European electoral entipolitical party for electoral campaigning to the Union-wide constituency, following the findings of the European Court of Auditors.
Amendment 584 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 11
Annex to the motion for a resolution – Article 16 – paragraph 11
11. Upon the findings of the European Court of Auditors, and where at least three infringements have been established, the European Electoral Authority may prevent the European electoral entipolitical party concerned from tabling a list to the Union-wide constituency in the following elections to the European Parliament.
Amendment 589 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 17 – paragraph 1
Annex to the motion for a resolution – Article 17 – paragraph 1
1. Electoral campaigning shall not start until eight weeks before Election day. Electoral campaigning comprises, in particular, the request of a vote for an election to the European Parliament by way of print or digital material and other formats of public communication, media advertising, and public events. Electoral campaign materials shall include a reference to the manifesto of the European electoral entipolitical party, if any, to which the national party is affiliated.
Amendment 594 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 a (new)
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 a (new)
The ballot papers for each candidacy may not be different within the same national constituency.
Amendment 595 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 b (new)
Annex to the motion for a resolution – Article 17 – paragraph 2 – subparagraph 1 b (new)
The ballot papers of electoral coalitions shall contain the following information: the name, acronym and symbol of the coalition presenting the candidacy and the complete list of the names of the candidates and alternates, in the order in which they are to be placed.
Amendment 604 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 17 – paragraph 4
Annex to the motion for a resolution – Article 17 – paragraph 4
4. Member States shall ensure that European electoral entipolitical parties are given equal treatment and opportunities as national parties and national political movements regarding the electoral campaign related to the Union-wide constituency.
Amendment 668 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 3
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 3
The Union-wide constituency lists of candidates shall be submitted to the Authority, who shall verify that the conditions laid down in this Regulation are fully met. The Authority shall establish and manage a Register of the different Union- wide constituency lists submitted by the European Electoral Entipolitical parties whose information from the register shall be public.
Amendment 710 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 28 – paragraph 1 – subparagraph 1
Annex to the motion for a resolution – Article 28 – paragraph 1 – subparagraph 1
Regulation (EU, Euratom) No 1141/2014
Article 21 - paragraph 1 – subparagraph 1 1
Article 21 - paragraph 1 – subparagraph 1 1
“1. Subject to the second subparagraph, the funding of European political parties from the general budget of the European Union or from any other source may be used to finance campaigns conducted by the European electoral entipolitical parties in the context of elections to the European Parliament in which they or their members participate.
Amendment 717 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 30
Annex to the motion for a resolution – Article 30
For the purposes of the provisions of Article 16(4) second subparagraph, and as regards only the 2024 election to the European Parliament in the Union-wide constituency, the electoral financing in favour of European electoral entipolitical parties shall be calculated on the basis of aggregating the total number of votes cast for the national political parties and national political movements affiliated to them in the 2019 election to the European Parliament. In the case of European coalitions of national political parties or movements, the electoral financing shall be calculated on the basis of the votes cast for each national political party or movement affiliated to the standing coalition in the 2019 election to the European Parliament.
Amendment 724 #
2020/2220(INL)
Motion for a resolution
Annex 1 – TABLE – 27 EU MEMBER STATES BY POPULATION CATEGORIES
Annex 1 – TABLE – 27 EU MEMBER STATES BY POPULATION CATEGORIES
Amendment 6 #
2020/2201(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the European Union is founded on the idea of representative democracy; whereas in a representative democracy accountability through elections is the key source of legitimacy; whereas such accountability does not exist for other means of citizen's participation;
Amendment 9 #
2020/2201(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the legal and political impact ofdemocratic elections to the European Parliament constitute the onlymain bottom-up instruments for citizens in the EU, whilst other means, namely the European Citizens’ Initiative (ECI), complaints to the European Ombudsman and petitions to Parliament, is rather minimal are important supplements for vibrant Parliamentarism;
Amendment 27 #
2020/2201(INI)
Motion for a resolution
Recital H
Recital H
H. whereas most forms of participation are generally ubiased bytowards organised interest groups and notrarely used by individual citizens; whereas individual citizens are largely unaware of the existing participatory instruments;
Amendment 39 #
2020/2201(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to reflect on how the Union can become more democratic and effective; believes that a profound reform of the Union and possible changes to the Treaties, which would make the Union more effective, united, democratic, solidary, sovereign and resilifocused, capable, and accountable, are necessitated, whereas this includes improving the democratic responsiveness of EU institutions towards Parliament, are strengthened by directly engaging with citizensnd of Parliament itself towards the European electorate;
Amendment 56 #
2020/2201(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 69 #
2020/2201(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 80 #
2020/2201(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the fact that regularly held citizens’ dialogues could serve different purposes, such as determining annual political or legislative priorities, developing specific proposals in relation to specific questions, discussing institutional matters or deciding on the spending of certain public resources; recognizes the limitations of such dialogues; stresses the need for them to be of non-binding and advisory character only as they lack democratic accountability;
Amendment 96 #
2020/2201(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights that civil society organisations, shouldtakeholders and other lobby groups already play a major role in participatory instruments; underlines the fact that, in order for such instruments to be successful, the Committee of the Regions (CoR) and the European Economic and Social Committee (EESC) must be involved;
Amendment 107 #
2020/2201(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that the outcome of the participatory process must be clearly defined, so that it can be subject to a legally binding follow-up; proposes that participants should be provided with written feedback at the end of such exercises, since they ensure the accountability of the institutions and the credibility of such processes;
Amendment 120 #
2020/2201(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 124 #
2020/2201(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 142 #
2020/2201(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the need to permanently includeconsult citizens in the structural reforms of the EU by reforming the Convention method as provided for in Article 48 of the Treaty on European Union; proposes that this be discussed in the Conference on the Future of Europe;
Amendment 49 #
2020/2141(DEC)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Stresses the need for the revival of the debating culture in Parliament; welcomes the decision to require members to give speeches from the lectern facing the plenary; believes that the debating culture can also be improved by allowing sufficient time for the exchange of arguments and counter-arguments, for instance by extending the blue card procedure;
Amendment 116 #
2020/2141(DEC)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
78 a. Notes that teleworking arrangements and remote voting are now part of Parliament’s working arrangements for Members; calls on Parliament’s secretariat to continue facilitating these arrangements for Members on maternity, parental, carers, sick or special leave and explore using the arrangements in the future also, so as to allow Members to both hold meetings in their constituencies as well as with their colleagues in Brussels in what could be ‘hybrid’ weeks;
Amendment 133 #
2020/2141(DEC)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Welcomes the development of measures that contribute to a better balancing of professional and private life including the implementation of extended teleworking possibilities for Parliament’s staff and of measures promoting well-being at work; however, highlights the value of physical presence in Parliament; highlights the contribution of teleworking arrangements and remote voting to the further reduction of Parliament’s carbon footprint; stresses the need for Parliament's staff and Members to be provided the opportunity to continue the conduct of so-called hybrid meetings as well as remote voting; calls on the Bureau to continue providing instruments to facilitate these arrangements in future;
Amendment 11 #
2020/2137(INI)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
1.a Recalls that the European economy is facing the most severe recession in its post-war history; emphasizes that no additional bureaucratic burdens should be based on companies;
Amendment 18 #
2020/2137(INI)
2. Emphasises that sustainable corporate governance can help the EU to build a more resilient and sustainable economy, improve the level playing field and protect EU businesses and citizens, and is therefore hugely beneficial to, under the condition that its implementation is measured and proportionate, has the potential to benefit EU trade policy;
Amendment 36 #
2020/2137(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 45 #
2020/2137(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 56 #
2020/2137(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 1 #
2020/2133(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the Treaty on European Union (TEU), in particular Articles 9 and 10, 15(3)3, 14, 15,16 and 17(3) thereof,
Amendment 2 #
2020/2133(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the special report 13/2019 of the European Court of Auditors on the ethical frameworks of the audited EU institutions
Amendment 5 #
2020/2133(INI)
Motion for a resolution
Citation 13
Citation 13
— having regard to the recommendations of Transparency Intthe Organisation for Economic Co-Opernational and Development (OECD), the Council of Europe’´s Group of States against Corruption (GRECO), and the Organisation for Economic Co-operation and Development (OECD)various NGO´s,
Amendment 7 #
2020/2133(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the TEU stipulates that ‘the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies and agencies’; whereas this implies that public decisions are taken in the interest of the common good and notthat conflicts of interests - which occur, according to the definancial power of individual actors; ition of the OECD "when an individual or a corporation (either private or governmental) is in a position to exploit his or their own profession or official capacity in some way for personal or corporate benefit" - should be avoided in the legislative process and whereas any definition of conflict of interest has a contextual and evolving nature and full transparency does not necessarily guarantee the absence of any conflict of interest, nor does it guarantee that public trust will be won or decreased;
Amendment 10 #
2020/2133(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Treaties have established a system of division of powers between the institutions of the Union that assigns to each institution its own role within the institutional structure of the Union and in the performance of the tasks entrusted to it;
Amendment 15 #
2020/2133(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for a strengthening of the existing regulatory and enforcement framework for both pre-public and post- public employment conflicts of interest, in order to establish appropriate as well as proportionate boundaries between the public sector and the private and non-profit sectors; welcomes in this regard the work done by the Organisation for Economic Co-operation and Development, the European Court of Auditors and the European Ombudsman;
Amendment 15 #
2020/2133(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the European Court of Auditors has stated in its special report 13/2019 1a on the ethical framework of the EU that Parliament, Council and Commission "have to a large extent adequate ethical frameworks in place for both staff and Members". _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/SR19_13/SR_ethical_frameworks _EN.pdf
Amendment 18 #
2020/2133(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas nevertheless the enforcement of the ethical framework could be improved;
Amendment 22 #
2020/2133(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the shortcomings of the current EU ethics framework derive largely from the fact that it relies on a self-regulatory approach and lacks adequate human and financial resources and competences to verify informany further evolution of the EU ethics framework must have a clear legal basis while respecting the separation of powers as laid down in the Treationes;
Amendment 24 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
Amendment 27 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, as a consequence, multiple cases of unethical conduct and their inadequate handling by the EU institutions have harmed every incidence of unethical behaviour can endanger the trust which European citizens place in the EU institutions;
Amendment 32 #
2020/2133(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the current ethics standards frameworks appearse to be highly fragmented, with different rules in different institutions, creating a complex system which is difficult for both EU citizens and for those who have to respect the rules to understandailored according to the specificities of each European institutions;
Amendment 35 #
2020/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the balance of powers assigned to the institutions is a fundamental guarantee afforded by the Treaty to European citizens;
Amendment 36 #
2020/2133(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Meroni doctrine developed by the Court of Justice of the European Union (CJEU) allows for the delegation of EU institutions’ competences to external bodies; under strict conditions; whereas according to the court any delegation of competences must be limited and can only relate to clearly defined executive powers, the use of which must be entirely subject to the supervision of the high authority and cannot concern discretionary powers involving any political judgement in order not to jeopardise the balance of powers between the institutions;
Amendment 39 #
2020/2133(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas, following the preceding considerations, the legal margin for overarching rules applied to individual institutions with a common application is very narrow;
Amendment 40 #
2020/2133(INI)
Motion for a resolution
Recital G
Recital G
Amendment 43 #
2020/2133(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Underlines that all EU institutions have to meet the highest standards of independence and impartiality while stressing each institution´s right of organisational sovereignty;
Amendment 44 #
2020/2133(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Recalls that Members of Parliament´s freedom of the mandate is in the interest of the citizens they represent;
Amendment 45 #
2020/2133(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Amendment 46 #
2020/2133(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises the need to strike a delicate balance between regulating conflicts of interest, respecting the individual right to economic freedom, securing the unobstructed exercise of parliamentary and other institutional duties, and maintaining a dynamic labour market with mobility between the public sector and the private and non-profit sectors;
Amendment 46 #
2020/2133(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
G d. Points out that all staff in the institutions is covered by the EU staff regulations of officials of the European Union (EUSR) and conditions of employment of other servants of the European Union (CEOS);
Amendment 47 #
2020/2133(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
G e. Recalls that the Treaty on European Union and the Treaty on the Functioning of the European Union set out a European governance framework based on the separation of powers, laying down distinct rights and obligations for each institution;
Amendment 48 #
2020/2133(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
G f. Points out that based on the principle of conferral, institutions cannot delegate by means of an interinstitutional agreement, powers which they themselves do not have, for instance where such powers are conferred by the Treaties on the Court of Auditors or have remained with the Member States;
Amendment 49 #
2020/2133(INI)
Motion for a resolution
Recital G g (new)
Recital G g (new)
G g. Recalls furthermore that one of Parliament´s primary functions as laid down in the Treaty on European Union is to exercise political control;
Amendment 50 #
2020/2133(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 57 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Principles Considers that any option under discussion for improving transparency and integrity in the EU institutions must be respectful of the following principles: - the principle of sound financial management, ensuring the efficient and effective management of Union ressources - the principles of conferral and separation of powers - the freedom to choose an occupation and the right to engage in work as stipulated by article 15 of the Charter of Fundamental rights of the European Union - rule of law and fundamental European principles such as the presumption of innocence, the right to be heard, the principles of legality and proportionality - Freedom of the mandate of Members of European Parliament
Amendment 58 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Further stresses that any option under discussion requires a solid legal base for the constitution and for any competences to be assigned;
Amendment 59 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Insists that any option under discussion requires a clear definition of the mandate, composition and competences none of which must duplicate or interfere with the work of OLAF, the European Ombudsman, the European Court of Auditors or the European Court of Justice;
Amendment 60 #
Amendment 61 #
2020/2133(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Underlines that the principle of separation of powers is the foundation pillar of modern democracy; considers it imperative for the legislative to control the executive, as any reversal of the roles and powers of the legislative and executive would otherwise endanger the independence of the free mandate of elected Members of Parliament;
Amendment 62 #
2020/2133(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Stresses that any option under discussion for improving transparency and integrity in the EU institutions can neither, based on primary law, issue any decision on whether a criminal offense has been committed, nor impose any sanctions, nor impose any administrative measures intended to avoid or clean up accidental or negligent non-compliance with the rules;
Amendment 63 #
2020/2133(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Highlights that any option under discussion for improving transparency and integrity in the EU institutions which is to regulate the grey area in between can only have an advisory function for the institutions concerned;
Amendment 64 #
2020/2133(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Insists that any decisions on measures to be taken or sanctions to be imposed can only be taken by the competent bodies of the institutions themselves;
Amendment 65 #
2020/2133(INI)
Motion for a resolution
Subheading 1 e (new)
Subheading 1 e (new)
Recalls that distinction must be made between a conflict of interest arising during or after the exercise of a function and the importance to distinguish between the two and recalls furthermore to distinguish between acts that authorised if declared and acts that are not authorised at all.
Amendment 66 #
2020/2133(INI)
Motion for a resolution
Subheading 1 f (new)
Subheading 1 f (new)
Suggests that each institution concludes agreements on exchange of information with the Member States respecting the framework of the separation of powers;
Amendment 70 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Considers that the new EU Ethics Body should be delegated a list of competences to implement ethics rules for Members and staff; takes the view that this list should include by way of a minimum the competences provided for in:any options under discussion for improving transparency and integrity in the EU institutions should only have advisory competences for the members of the institutions;
Amendment 72 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
Amendment 73 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
Amendment 76 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
Amendment 79 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
Amendment 82 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 5
Paragraph 2 – indent 5
Amendment 87 #
2020/2133(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 94 #
2020/2133(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the IIAany cooperation agreement between the institutions should be open to the participation of allother EU institutions and bodies; believes that the IIA should allow the Ethics Body to conclude agreements with national authorities with a view to ensuring the exchange of information necessary for the performance of its task in order to agree on common measures which can be implemented in respect of the division of powers;
Amendment 100 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 101 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the participating institutions should entrust the EU Ethics Body with monitoring powers over ethics standards, as well as advisory, investigative and enforcement powersany options under discussion for improving transparency and integrity in the EU institutions has to be respectful of the balance between the institutions as established by the treaties, underlines that it must not replace, substitute or interfere with the responsibilities and prerogatives of each institution and points out that given these considerations, the decision-making powers must remain within the respective institutions, hence only a body with advisory function able to issue non- binding recommendations is conceivable;
Amendment 109 #
2020/2133(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 120 #
2020/2133(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 126 #
2020/2133(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 130 #
2020/2133(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that requesting tax documents and bank records are interventions in private law, for which there must be serious allegations that enter in competence of OLAF;
Amendment 134 #
2020/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that in relation to its enforcement powers, the body could take over from the Appointing Authority in dealing with staff ethics obligations, and that in relation to Members of Parliament or Commissioners, the body couldannot be granted enforcement powers within the limits of the provisionssince this transferral of powers would countained in the Treaties, and without prejudice to any additional mechanisms provided for in Parliament’s Rules of Procedure, in particular concerner the separation of powers laid down ing termination of officehe Treaties;
Amendment 142 #
2020/2133(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that thesuch an EU Ethics Body should be entrusted with advisory tasks in order to provideto improve the enforcement of existing provisions in the EU institutions in order to provide reliable and trustworthy advice to any individual possibly covered by its scope who wishes to request interpretation of an ethical standard in relation to appropriate conduct in a specific case;
Amendment 150 #
2020/2133(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. BelievUnderlines that the decision on the absence of conflicts of interest of designated Commissioners-designate should remain a competence of Parliament’s Committee on Legal Affair remains a political and institutional competence of the European Parliament and its bodies, while thesuch an EU Ethics Body shcould support the process with the publication of itsits non-binding analysis of each individual case and make its investigative capacities available;
Amendment 153 #
Amendment 154 #
2020/2133(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Recalls that the competent bodies in the institutions are regulated by law and that the composition of the competent body in the European Parliament could be made up of MEPs and former MEPs, such an EU Ethics Body may be composed of Members or former Members of the institutions;
Amendment 155 #
2020/2133(INI)
Motion for a resolution
Subheading 3 b (new)
Subheading 3 b (new)
Amendment 164 #
2020/2133(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that its members must be independent, chosen on the basis of their competence, experience and professional qualities, as well as their personal integrity, have an impeccable record of ethical behaviour and provide a declaration of the absence of conflicts of interest; is of the opinion that the composition of the body should be gender-balanced; underlines that all member shall be independent in the performance of their duties;
Amendment 176 #
2020/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. InsistsRecommend that the college be supported by a secretariat with the human, material and financial resources commensurate with its mandate and tasks in accordance with the principles of sound financial budget management;
Amendment 181 #
Amendment 182 #
2020/2133(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes a two-stepn approach whereby, in the event that thesuch an EU Ethics Body becomes aware of a breachdeals with a breach of conduct or possible breach of ethics rules, it first recommends actions to put an end to the breach; considers that ithis first preventive step should ensure confidentiality and the right of the person to be heard; suggests that in the event that the individual concerned refuses to take the appropriate actions, the EU Ethics Body should make relevant information about the case publicly available and decide, if appropriate, on sanctions; considers that this two-step approach should apply provided that there are no reasonable grounds to believe that the individual acted in bad faith and recommends that intentional breach, gross negligence, the concealment of evidence and non- compliance with the obligation to cooperate should be, as such, subject to sanctions, even when the breach itself has ceaseto be heard;
Amendment 192 #
Amendment 193 #
2020/2133(INI)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Amendment 194 #
2020/2133(INI)
Motion for a resolution
Subheading 5 b (new)
Subheading 5 b (new)
Insists that the procedures laid down in the Treaties must be applied, such as the transfer of investigations by the European Court of Auditors to OLAF and to the European Court of Justice;
Amendment 197 #
2020/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that the EU Ethics Body should publish an annual report containing both information about the fulfilment of its tasks and, where appropriate, recommendations for improving ethics standardsto be presented to the European Parliament;
Amendment 204 #
2020/2133(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Insists that the decisions of thean EU Ethics Body should bcannot issue legally binding, reviewable before the CJEU and subject to possible complaints to the EU Ombudsma decisions, since no institution can delegate decision- making authority to another institution;
Amendment 9 #
2020/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. BelievStresses that the Commission’sParliament is a democratically elected body which unlike national parliaments, does not have a formal right of legislative initiative, as set out in the Treaties, has been neither constructive nor productive in recent years, with a decrease in the Commission’s output over the past decade and Commission Presidents not assuming their political responsibilitiesnd therefore the fact that the Commission has the exclusive direct right of legislative initiative creates a problem of democratic legitimacy that has to be addressed; strongly recommends therefore that the Committee on Constitutional Affairs further exploit Parliament’s powers assigned by the Treaties and consider a Treaty revisionanalyse the different ways to give Parliament a direct right of legislative initiative;
Amendment 10 #
2020/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the European Council has a de-facto right of initiative within the area of freedom, security and justice in accordance with Article 68 TFEU, which does not reflect a level playing fieldthe legislative equality between Parliament and Council as foreseen in the Interinstitutional Agreement on Better Law-Making; underlines moreover the early influence by the Member States via their participation in numerous Commission advisory bodies and asks the Commission to ensure to the Parliament the same level of participation;
Amendment 14 #
2020/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that Parliament should have an enhanced direct right of legislative initiative, as it directly represents the European peoplecitizens and not just national interests, which need to be counter- balanced; deplores therefore that this possibility has been regularly deferred to a future Treaty revision;
Amendment 16 #
2020/2132(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that providing Parliament with the right of legislative initiative would require a Treaty revision and therefore exploring the potential of current treaty provisions to enhance the influence the Parliament can have on initiating legislation are worth looking at in order to pave the way to its direct right to initiative;
Amendment 17 #
2020/2132(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the importance of the Interinstitutional Agreement between the Parliament, Council and the Commission and the Framework Agreement on relation between the Parliament and the Commission and the fact that changes there can enhance the legislative agenda setting powers of Parliament and recalibrate the institutional balance without formally changing the Treaties;
Amendment 18 #
2020/2132(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Proposes to consider developing a procedure for Parliament to support ideas in form of a sponsorship to for instance European Economic and Social Committee´s and European Committee of the Regions’ positions within the framework of Article 225 TFEU;
Amendment 20 #
2020/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Deeply regrets that only one-third of Parliament’s legislative and non- legislative initiative procedures can be considered successful and that most legislative initiative (INL) reports adopted since 2011 did not result the Commission did not follow- up by submitting a positive reply from the Commissionny appropriate proposal1 ; regrets also that, to date, the three-month deadline for the Commission to react to a parliamentary resolution, as laid down in paragraph 16 of the Framework Agreement on relations between the European Parliament and the European Commission (‘2010 FA’)2 , and the one-year deadline for the Commission to come forward with a legislative proposal in response to a legislative initiative report have consistently not been respected; _________________ 1Study ‘The European Parliament’s right of initiative’, Andreas Maurer, University of Innsbruck, Jean Monnet Chair for European Integration Studies and Michael C. Wolf, University of Innsbruck, July 2020, pages 55 and 57. 2 OJ L 304, 20.11.2010, p. 47.
Amendment 22 #
2020/2132(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion that INL reports in the area of the ordinary legislative procedure, with only one addressee and workable proposals within realistic timeframes, will be more successful; recommends thereforeclearly defined proposals that focus on the scope of the report and are within realistic timeframes, have a greater chance of being translated into legislative proposals by the Commission; recommends that the Committee on Constitutional Affairs invites the Commission to the negotiating table in order to slightly extend the relevant deadlines and to accommodate alleged organisational difficulties with regard to the 2010 FA and thereby enhance the Commission’s responsiveness to Parliament’s resolutions; expects in return, however, that the Commission’s response to and implementation of an INL report should be automatic translates an INL report automatically into a concrete legislative proposal;
Amendment 25 #
2020/2132(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reminds that Parliament has a structure for impact assessment activities and is convinced that the use of it should be mandatory before drafting a legislative own-initiative report in order to enhance the European added value assessment foreseen in the Interinstitutional Agreement on Better Law-Making;
Amendment 29 #
2020/2132(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission, as the guardian of the Treaties, to adhere to its responsibilities and to honour its own commitmentssystematically involve Parliament in its decisions on the Commission Work Programme, so that Parliament has to approve the programme before its publication in order to enhance Parliaments´ agenda-setting power in the meantime before its direct right to initiative is established;
Amendment 31 #
2020/2132(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is of the opinion that, if the Commission fails to implement Parliament’s callrequest for a legislative act in the area of the ordinary legislative procedure, its resolution adopted by a majority of members shall Parliament should systematically consider to bring an action regarding the Commission´s failure to act beforme the basis for a legislaCourt of Justivce procedure to be initiated by Parliament itselfof the European Union to have an infringement by the Commission established on the basis of Article 265 TFEU;
Amendment 32 #
2020/2132(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Considers that, were the Commission does not to submit a legislative proposal and fails to provide proper reasons as required by Article 225 TFEU, following Parliament’s request, this would constitute a failure to act and Parliament would reserve its right to take action underause for a motion of censure on the Commission´s activities according to Article 26534 TFEU.;
Amendment 33 #
2020/2132(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is convinced that Article 294 TFEU should be revised in a way that Parliament’s resolution requesting a legislative act pursuant to Article 225 TFEU, adopted by a majority of members shall form the basis for a legislative procedure to be initiated by Parliament itself, if the Commission does not forward a legislative proposal within 12 months after Parliament’s request;
Amendment 10 #
2020/2129(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. regrets the current low levels of supply chain due diligence; whilst recognising the efforts made by companies across the EU to improve their record in the past years;
Amendment 28 #
2020/2129(INL)
Motion for a resolution
Recital A
Recital A
A. Whereas the globalisation of economic activity has in many instances given rise to and aggravated adverse impacts on human rights, including social and labour rights, the environment and the good governance of states and the environment;
Amendment 31 #
2020/2129(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. is convinced that mandatory due diligence is necessary to createrecalls that due diligence contributes to a level playing field and to avoiding unfair competitive advantages arising in international trade;
Amendment 35 #
2020/2129(INL)
Motion for a resolution
Recital B
Recital B
B. Whereas companies should respect human rights, and the environment and good governance and should not cause or contribute to causing any adverse impacts in this regard;
Amendment 40 #
2020/2129(INL)
Motion for a resolution
Recital D
Recital D
Amendment 50 #
2020/2129(INL)
Motion for a resolution
Recital F
Recital F
F. Whereas that debate has led, among other things, to the adoption of due diligence frameworks and standards within the UN, the OECD and the ILOOECD; whereas these standards are however voluntary and, consequently, their uptake has been limited;
Amendment 51 #
2020/2129(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. stresses that any new due diligence regulation should focus on digital solutions to minimise bureaucratic burdens on the economy, especially for small and medium-sized enterprises;
Amendment 52 #
2020/2129(INL)
Motion for a resolution
Recital G
Recital G
G. Whereas, according to a Commission study, only 37% of business respondents currently conduct environmental and human rights due diligence, and only 16% cover the entire supply chain;
Amendment 55 #
2020/2129(INL)
Motion for a resolution
Recital H
Recital H
Amendment 66 #
2020/2129(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that voluntary due diligence standards have severe limitations and that the Union should urgently adopt minimumadopt clear requirements for undertakings to identify, prevent, cease, mitigate, and monitor, disclose, account, address and remediate human rights, and environmental and governance risks in their entire value chainrisks in the first tier of their supply chain outside of the EU; believes that this would be beneficial for stakeholders, as well as for businesses in terms of harmonization, legal certainty and a level playing field; stresses that this would enhance the reputation of EU undertakings and of the Union as a standard setter; stresses that any framework should be based on an obligation of means rather than an obligation of results
Amendment 71 #
2020/2129(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. RStresses that it is the responsibility of states and governments to safeguard human rights in their countries and that this responsibility shall not be transferred to private actors; recalls that due diligence is primarily a preventative mechanism and that companies should be first and foremost required to identify risks or adverse impacts and adopt policies and measures to address them; highlights that if an undertaking causes or contribumitigates to an adverse impact it should provide for a remedy; hem;
Amendment 82 #
2020/2129(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. is convinced that the future regulation should be based onnotes the guidance provided by the UN Guiding Principles and the OECD Guidelines for Multinational Enterprises for future regulation;
Amendment 82 #
2020/2129(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that human rights abuses and breaches of social and environmental standards can be the result of a company’s own activities or of those of its business relationships; underlines therefore that due diligence should encompass the entire value chain;direct suppliers in the first tier of the supply chain outside the European Union.
Amendment 92 #
2020/2129(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the scope of any future mandatory EU due diligence framework should be broad and cover all undertakings governed by the law of a Member State or established in the territory of the Union, including those providing financial products and services, regardless of their size or sector of activity and of whether they are publicly owned or controlled undertaking with more than 5000 employees;
Amendment 97 #
2020/2129(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 114 #
2020/2129(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that due diligence should not be a ‘box-ticking exercise’ and that due diligence strategies should be in line with the dynamic nature of risks; considers that those strategies should cover every actual or potential adverse impacts although the severity of the risk shouldmust be considered in the context of a prioritisation policy; requires that, before any initiative is proposed, a robust impact assessment is carried out focusing on the administrative burden on businesses, the value added by EU companies, the employment by EU companies and the engagement of EU companies in international markets.
Amendment 119 #
2020/2129(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. emphasises the importance of addressing and enforcing due diligence obligations within FTA Trade and Sustainable Development chapters and bodies established by FTAs; recognises the progress that was made in recent FTAs such as the agreements with Vietnam and Mercosur;
Amendment 124 #
2020/2129(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that sound due diligence requires that all stakeholders be involved and consulted effectively and meaningfully;
Amendment 127 #
2020/2129(INL)
10. Considers that, to enforce due diligence, Member States should designate national authorities to share best practices as well as to supervise and impose sanctions, including criminal sanctions in severe castaking into account the severity and repeated nature of the infringements; considers that the Commission shall set up a European Due Diligence Network to ensure, together with the national competent authorities, the coordination and convergence of regulatory and supervisory practices, and monitor the performance of national competent authorities;
Amendment 144 #
2020/2129(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 155 #
2020/2129(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 160 #
2020/2129(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 167 #
2020/2129(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 190 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 2
Annex I – part 1 – paragraph 9 – point 2
2. Within a context of mounting evidence of human rights violations and environmental degradation, concern grew about ensuring businesses respected human rights, in particular when operating in countries with weak legal systems and enforcement, and holding them accountable for causing or contributing to harm. In this light, the UN Human Rights Council in 2008 unanimously welcomed the “Protect, Respect and Remedy” Framework. This framework rests on three pillars: the state duty to protect against human rights abuses by third parties, including businesses, through appropriate policies, regulation, and adjudication; the corporate responsibility to respect human rights, which means acting with due diligence to avoid infringing on the rights of others and to address adverse impacts that occur, and greater access by victims to effective remedy, both judicial and non- judicial.
Amendment 194 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 4
Annex I – part 1 – paragraph 9 – point 4
4. Businesses thus currently have at their disposal an important number of international due diligence instruments that can help them fulfil their responsibility to respect human rights. While it is difficult to overstate the importance of these instruments for businesses that take their duty to respect human rights seriously, their voluntary nature can hampers their effectiveness and their effect has indeed proved limited, with a restricted number of businesses voluntarily implementing human rights due diligence in relation to their activities and those of their business relationships. Respect for human rights continues to play a marginal role in undertakings’ policies and strategies. This is exacerbated by many undertakings’ excessive focus on short-term profit maximisation.
Amendment 219 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 8
Annex I – part 1 – paragraph 9 – point 8
8. In order to ensure a level playing field the responsibility for companies to respect human rights under international standards should be transformed into a legal duty at Union level. By coordinating safeguards for the protection of human rights, and the environment and good governance, this Directive will ensure that all undertakings operating in the iInternal mMarket are subject to harmonised minimum due diligence obligations, which will improve theits functioning of that market.
Amendment 226 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 9
Annex I – part 1 – paragraph 9 – point 9
9. The establishment of mandatory due diligence requirements at EU level willcan be beneficial to businesses in terms of harmonization, legal certainty and the securing of a level playing field, and willmight give companies subject to them a competitive advantage in the EU, inasmuch as societies are increasingly demanding from undertakings that they become more ethical and sustainable. This Directive, by setting a European due diligence standard, could help foster the emergence of a global standard for responsible business conduct.
Amendment 231 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 10
Annex I – part 1 – paragraph 9 – point 10
10. This Directive is aimeds at preventing and mitigating adverse human rights, governance and environmental impacts throughout the value chainfirst tier of the supply chain outside the EU, as well as ensuring that undertakings can bhave theld accountable for these risks and that anyone who has suffered harm in this regard can effectively exercise the right to obtain remedy obligation to identify these risks.
Amendment 246 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 13
Annex I – part 1 – paragraph 9 – point 13
13. The Directive applies to all undertakings governed by the law of a Member State or established in the territory of the Union regardless of their size, sector, and whether they are private or state-owned. All economic sectors, including the financial sector, are covered by this Directivewith more than 5000 employees.
Amendment 253 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 14
Annex I – part 1 – paragraph 9 – point 14
14. A degree of pProportionality ishas to be built into the due diligence process, as this process is contingent on the risks a company is exposed to. This would imply that many sSmall and medium-size undertakings and micro-enterprises may need less extensive andare excluded from a formalised due diligence processes. An undertaking that, after carrying out a risk assessment, concludes that it does not identify any risks in its business relationships, would only need to fill in and communicate a statement, which should in any case be reviewed in case of changes to the undertakings’ operations or operating context. Micro-enterprises in most sectors tend to encounter low risks in their business relationships and, consequently, it is considered appropriate to allow Member States to decide whether micro- enterprises should be exempted from the application of the requirements in this Directive.
Amendment 264 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 16
Annex I – part 1 – paragraph 9 – point 16
16. Due diligence is defined in this Directive as the process put in place by an undertaking in order to identify, cease, prevent, mitigate, monitor, disclose, account for, address and remedy the risks posed to human rights, including social and labour rights, the environment, including climate change, and to governancemitigate and monitor the risks posed to human right and the environment, both by its own operations and its direct contractual business relationships.
Amendment 274 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 17
Annex I – part 1 – paragraph 9 – point 17
17. In relation to human rights risks, Annex I to this Directive lists a number ofthe instruments undertakings should take into consideration when assessing their potential risks. The list is conceived as non-exhaustive, undertakings being strongly encouraged to take into consideration other human rights instruments that would enable them to carry out a complete due diligence process to prevent any risk for human rightsexhaustive and can be reviewed by the Commission by means of a delegated act where necessary to include the reference to human rights instruments that may be adopted in the future.
Amendment 276 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 18
Annex I – part 1 – paragraph 9 – point 18
Amendment 280 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 19
Annex I – part 1 – paragraph 9 – point 19
19. This Directive establishes a non-n exhaustive list of environmental risks. To contribute to the internal coherence of EU legislation and to provide legal certainty, this list is based on Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment in which undertakings may find guidance for assessing their risks by means of a reference to a list of relevant Union acts set out in Annex II to this Directive.
Amendment 285 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 20
Annex I – part 1 – paragraph 9 – point 20
Amendment 292 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 21
Annex I – part 1 – paragraph 9 – point 21
21. Environmental, governance and human right risks are not gender-neutral. Undertakings should be encouraged to integrate the gender perspective into their due diligence processes. They can find guidance in the UN booklet Gender Dimensions of the Guiding Principles on Business and Human Rights.
Amendment 302 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 22
Annex I – part 1 – paragraph 9 – point 22
22. AThe adverse impacts or violations of human rights and social and environmental standards by undertakings can be the result of their own activities or of those of their direct contractual business relationships, in particular suppliers, sub-contractors and investee undertakings. In order to be effective, undertakings’ due diligence should encompass the entire value chain.
Amendment 308 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 23
Annex I – part 1 – paragraph 9 – point 23
23. Due diligence is primarily a preventative mechanism that requires companies to identify potential or actual adverse impacts and to adopt policies and measures to cease, prevent, mitigate, monitor, disclose, address, remediate them, and account fmitigate and monitor how they address those impactsese. Undertakings shouldmay be required to produce a document in which they make explicit their due diligence strategy with reference to each of those stages. This. Any due diligence strategyframework should be duly integrated into the company’s overall business strategybased on an obligation of means rather than an obligation of results.
Amendment 314 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 24
Annex I – part 1 – paragraph 9 – point 24
24. Due diligence should not be a ‘box- ticking’ exercise but shouldmay consist of an ongoing assessment of risks, which are dynamic and may change on account of new business relationships or contextual developments. Undertakings should therefore in an ongoing manner monitor and adapt their due diligence strategies accordingly. Those strategies should cover every actual or potential adverse impacts, although the severity of the risk shouldmust be considered if the establishment of a prioritisation policy is required.
Amendment 327 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 26
Annex I – part 1 – paragraph 9 – point 26
26. Sound due diligence requires that all stakeholders may be consulted effectively and meaningfully, and that trade unions in particular be appropriately involved. The consultation and involvement of stakeholders can help companies to identify risks more precisely and to set up a more effective due diligence strategy. This Directive therefore requires the consultation and involvement of stakeholders in all stages of the due diligence process. Furthermore, their involvement and consultation may help to push back against pressure from financial markets and short-term investors and give voice to those with a strong interest in the long-term sustainability of the company. Stakeholder participation may help improve the long- term performance and profitability of companies, as their increased sustainability would have positive aggregate economic effects.
Amendment 331 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 27
Annex I – part 1 – paragraph 9 – point 27
Amendment 336 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 28
Annex I – part 1 – paragraph 9 – point 28
Amendment 340 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 29
Annex I – part 1 – paragraph 9 – point 29
29. Complaint procedures should ensure that the anonymity, safety, physical and legal integrity of whistle- blowers is protected,must be in line with Directive (EU) 2019/1937 of the European Parliament and of the Council.;
Amendment 345 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 30
Annex I – part 1 – paragraph 9 – point 30
30. This Directive requires undertakings to make all necessary efforts to identify all their suppliers. In order to be fully effective, due diligence should not be limited to the first tier downstream and upstream in the supply chain but should encompass all suppliers and sub- contractors, particularly those that, during the due diligence process, might have been identified by the undertaking as posing major risks. This Directive, however, recognises in the first tier of the supply chain outside the EU. This Directive, however, does not lose sight of the fact that not all undertakings have the same resources or capabilities to identify all their suppliers and therefore makesubjects thatis obligation subject to the principles of reasonableness and proportionality, taking into account the severity and repeated nature of the infringements, which in no case should be interpreted by undertakings as a pretext not to comply with their obligation to make all necessary efforts in that regard.;
Amendment 353 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 31
Annex I – part 1 – paragraph 9 – point 31
31. For due diligence to be embedded in the culture and structure of a company, it is necessary that the members of the administrative, management and supervisory bodies of the company be responsible for the adoption and implementation of the due diligence strategy. The board of directors should have the appropriate knowledge, training and experience in due diligence matters. The Directive requires that large companies have an advisory committee from whose expertise on due diligence matters the undertaking should benefit. This Directive also requires that remuneration policies be brought in line with the objectives of this Directive.
Amendment 359 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 32
Annex I – part 1 – paragraph 9 – point 32
32. Coordination of undertakings’ due diligence efforts at sectoral level could enhance the consistency and effectiveness of their due diligence strategies. To this end, this Directive provides that Member States could encourage the adoption of due diligence action plans at sectoral level. To avoid sStakeholders’ views being ignored, the Directive requires that stakeholders are encouraged to participate in the definition of these plans.
Amendment 362 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 33
Annex I – part 1 – paragraph 9 – point 33
33. In order to be effective, a due diligence framework shouldcan include grievance mechanisms at company or sector level and in order to ensure that such mechanisms are effectivefor the effectiveness of which the participation of stakeholders should be ensurcouraged. . Thoese mechanisms shcould allow stakeholders to raise concerns and should function as early-warning risk-awareness systems. Grievance mechanisms should be entitled to make suggestions as to how risks should be addressed by the undertaking. They should also be entitled to propose an appropriate remedy when it is brought to their attention that the undertaking has caused or contributed to harm.
Amendment 371 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 34
Annex I – part 1 – paragraph 9 – point 34
34. Member States should designate one or more national authorities to supervise the correct implementation by undertakings of their due diligence obligations and ensure the proper enforcement of this Directive. Thoese national authorities should be entitled to carry out appropriate checks, on their own initiative or based on complaints received from stakeholders, and third parties, and impose penaltieimpose proportionate sanctions, taking into account the severity and repetition of infringements, in order to ensure that undertakings comply with the obligations set out in the legislation; aAt Union level, a European committee ofDue Diligence Network competent authorities should be set up by the European Commission to ensure cooperation with the national competent authorities.
Amendment 382 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 38
Annex I – part 1 – paragraph 9 – point 38
Amendment 384 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 39
Annex I – part 1 – paragraph 9 – point 39
Amendment 392 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 40
Annex I – part 1 – paragraph 9 – point 40
40. In order to create clarity and certainty and consistency among the practices of undertakings, in particular small, medium-sized and micro- enterprises, this Directive requires the Commission to prepare an exhaustive list of guidelines in consultation with Member States and the OECD and with the assistance of a number of specialised agencies. A number of guidelines on due diligence produced by international organisations already exist which could be used as a reference for the Commission when developing guidelines under this Directive specifically for EU companies. In addition toThe Directive should aim for full harmonization of standards among Member States. Other than general guidelines which cshould guide SMEall affected undertakings in the application of due diligence in their operations, the Commission should envisage producing sector-specific guidelines and provide a regularly updated list of country fact-sheets in order to help companies assess the risks of their business operations in a given area. Those fact- sheets should indicate in particular which list of Conventions and Treaties among those listed in Article 3 ofnnex I to theis Directive have been ratified by a given country.
Amendment 400 #
2020/2129(INL)
Motion for a resolution
Article 1 – point 1 – introductory part
Article 1 – point 1 – introductory part
1. This Directive is aimed at ensuring that by adhering to reasonable due diligence policies and procedures, undertakings operating in the internal market fulfil their duty to respect human rights, and the environment and good governance and do not cause or contribute to risks to human rights, and the environment and good governance in their activities and those of their direct contractual business relationships.
Amendment 408 #
2020/2129(INL)
Motion for a resolution
Article 1 – point 1 – paragraph 1
Article 1 – point 1 – paragraph 1
To this end, it establishes minimum requirements for undertakings to identify, prevent, cease, mitigate, monitor, disclose, account, address and remediatemitigate and monitor the human rights, and environmental and governance risks that those activities may pose. By coordinating safeguards for the protection of human rights, and the environment and good governance, thoese due diligence requirements are aimedim at improving the functioning of the internal market.
Amendment 413 #
2020/2129(INL)
Motion for a resolution
Article 1 – point 2
Article 1 – point 2
Amendment 434 #
2020/2129(INL)
Motion for a resolution
Article 2 – point 1
Article 2 – point 1
1. This Directive shall apply to all undertakings governed by the law of a Member State or established in the territory of the Union with more than 5000 employees.
Amendment 446 #
2020/2129(INL)
Motion for a resolution
Article 2 – point 3
Article 2 – point 3
Amendment 454 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
- '“due diligence'” means the process put in place by an undertaking aimed at identifying, ceasing, preventing, mitigating, monitoring, disclosing, accounting for, addressing, and remediating the risks posed to human rights, including social and labour rights, the environment, including through climate change, and to governance, bothfirst, an obligation of means and second, a business process imposed on such undertaking to take reasonable precautions to identify, mitigate and monitor the risks posed to human rights and the environment by its own operations and by those of its direct business relationships.
Amendment 464 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
- ‘stakeholders’ means individuals and groups of individuals whose rights or interests may be affected by the human rights, environmental and good governance risks posed by an undertaking or its business relationships, as well as organisations whose statutory purpose is the defence of human rights, including social and labour rights, the environment and good governance, and includes but is not limited to workers and their representatives, local communities, indigenous peoples, citizens’ associations, trade unions, civil society organisations and the undertakings’ shareholder have a direct interest to take legal action in relation to human rights and environmental risks posed by an undertaking or its direct contractual business relationships.
Amendment 477 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 4
Article 3 – paragraph 1 – indent 4
- ‘supplier’ means all business relationshipundertakings that provide a product or service directly to an undertaking, either directly or indirectly in the context of a business relationship.
Amendment 479 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 6
Article 3 – paragraph 1 – indent 6
- ‘value chain’ means all activities, operations, business relationships and investment chains of an undertaking inside or outside the EU. Value chain includes entities with which the undertaking has a direct or indirect business relationship, upstream and downstream, and which either (a) supply products or services that contribute to the undertaking’s own products or services, or (b) receive products or services from the undertaking.first tier of the supply chain outside the EU’ means an upstream network characterized by direct contractual business relationships between a company and its suppliers located outside the EU to produce and distribute a specific product to the final buyer
Amendment 483 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 7
Article 3 – paragraph 1 – indent 7
Amendment 491 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 8
Article 3 – paragraph 1 – indent 8
- ‘human rights risk’ means any potential or actual adverse impact that may impair the full enjoyfilment of human rights byof individuals or groups of individuals in relation to the internationally recognized human rights, understood, at a minimum, as those expressed in the International Bill of Human Rights, the United Nations human rights instruments on the rights of persons belonging to particularly vulnerable groups or communities, and the principles concerning fundamental rights set out in the ILO Declaration on Fundamental Principles and Rights at Work, as well as those recognised in the ILO Convention on freedom of association and the effective recognition of the right to collective bargaining, the ILO Convention on the elimination of all forms of forced or compulsory labour, the ILO Convention on the effective abolition of child labour, and the ILO Convention on the elimination of discrimination in respect of employment and occupation. They further include, but are not restricted to, adverse impacts in relation to other rights recognised in a number of ILO Conventions, such as freedom of association, minimum age, occupational safety and health, and equal remuneration, and the rights recognised in the Convention on the Rights of the Child, the African Charter of Human and Peoples’ Rights, the American Convention on Human Rights, the European Convention on Human Rights, the European Social Charter, the Charter of Fundamental Rights of the European Union, and national constitutions and laws recognising or implementing human rights instruments listed in Annex I. The Commission is empowered to adopt delegated acts in accordance with Article 18(a), to amend this exhaustive list.
Amendment 502 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 9
Article 3 – paragraph 1 – indent 9
- ‘environmental risk’ means any potential or actual adverse impact as regards climate change, air and water pollution, deforestation, loss in biodiversity, and greenhouse emissions that may impair the right to a healthy environment, whether temporarily or permanently, and of whatever magnitude, duration or frequency. These include, but are not limited to, adverse impacts on the climate, the sustainable use of natural resources, and biodiversity and ecosystems. These risks include climate change, air and water pollution, deforestation, loss in biodiversity, and greenhouse emissions, in breach of the applicable legal obligations provided for in the Union acts listed in Annex II. The Commission is empowered to adopt delegated acts in accordance with Article 18(a), to amend this exhaustive list.
Amendment 506 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 10
Article 3 – paragraph 1 – indent 10
Amendment 516 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 1
Article 4 – point 1
1. Member States shall lay down rules to ensure that undertakings carry out due diligence with respect to human rights, and environmental and governance risks in their operations and direct contractual business relationships.
Amendment 523 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 2
Article 4 – point 2
2. Undertakings shall in an ongoing manner identify and assess by means of an appropriate monitoring methodology whether their operations and direct business relationships cause or contribute to any human rights, or environmental or governance risks.
Amendment 537 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 4 – point ii
Article 4 – point 4 – point ii
Amendment 552 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 5
Article 4 – point 5
5. Undertakings shall make all reasonable efforts to identify subcontractors and suppliers in their entire value chain first tier of the supply chain outside the EU.
Amendment 555 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 6
Article 4 – point 6
Amendment 558 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 8
Article 4 – point 8
Amendment 567 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 9
Article 4 – point 9
9. Undertakings shall ensure by means of contractual clauses and the adoption of codes of conduct that their business relationships in the first tier of the supply chain outside the EU put in place and carry out human rights, and environmental and governance policies that are in line with their due diligence strategy.
Amendment 573 #
2020/2129(INL)
Motion for a resolution
Article 5 – point 1
Article 5 – point 1
1. The Commission and the Member States shall ensurcourage that undertakings carry out in good faith effective, meaningful and informed consultations with stakeholders when establishing and implementing their due diligence strategy in a manner that ias appropriate to their size and the nature and context of their operations, and shall guarantee, in particular, the right for trade unions at the relevant level to be involved in the establishment and implementation of the due diligence strategy in good faith with their undertaking.
Amendment 577 #
2020/2129(INL)
Motion for a resolution
Article 5 – point 2
Article 5 – point 2
Amendment 579 #
2020/2129(INL)
Motion for a resolution
Article 5 – point 3
Article 5 – point 3
Amendment 582 #
2020/2129(INL)
Motion for a resolution
Article 5 – point 4
Article 5 – point 4
Amendment 587 #
2020/2129(INL)
Motion for a resolution
Article 5 – point 6
Article 5 – point 6
Amendment 590 #
2020/2129(INL)
Motion for a resolution
Article 6 – point 1
Article 6 – point 1
Amendment 614 #
2020/2129(INL)
Motion for a resolution
Article 7 – paragraph 1
Article 7 – paragraph 1
This Directive is without prejudice to the obligations imposed on certain undertakings by Directive 2013/34/EU to include in their management report a non-financial statement including a description of the policies pursued by the undertaking in relation to, as a minimum, environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, and the due diligence processes implemented.
Amendment 618 #
2020/2129(INL)
Motion for a resolution
Article 8 – point 1
Article 8 – point 1
1. Undertakings shall revaluateiew the effectiveness and appropriateness of their due diligence strategy at least once a year, and review it accordingly when necessary.
Amendment 620 #
2020/2129(INL)
Motion for a resolution
Article 8 – point 2
Article 8 – point 2
Amendment 627 #
2020/2129(INL)
Motion for a resolution
Article 8 – point 3
Article 8 – point 3
Amendment 636 #
2020/2129(INL)
Motion for a resolution
Article 9 – point 1
Article 9 – point 1
1. Undertakings shallcan establish a grievance mechanism, both as an early- warning risk-awareness and as a remediation system, allowing any stakeholders to voice concerns regarding the existence of a human rights, environmental or governance risks. Member States shall ensure that undertakings are enabled to provide for such a mechanism through collaborative arrangements with other undertakings or organisations.
Amendment 641 #
2020/2129(INL)
Motion for a resolution
Article 9 – point 2
Article 9 – point 2
2. Grievance mechanisms shall be legitimate, accessible, predictable, safe, equitable, transparent, rights-compatible and adaptable as set out in the effectiveness criteria for non-judicial grievance mechanisms in Principle 31 of the United Nations Guiding Principles on Business and Human Rights. They shall provide for anonymous complaints.
Amendment 645 #
2020/2129(INL)
Motion for a resolution
Article 9 – point 4
Article 9 – point 4
Amendment 651 #
2020/2129(INL)
Motion for a resolution
Article 9 – point 5
Article 9 – point 5
5. Grievance mechanisms shallcould be entitled to make proposals to the undertaking on how risks should be addressed.
Amendment 653 #
2020/2129(INL)
Motion for a resolution
Article 9 – point 6
Article 9 – point 6
6. Grievance mechanisms shall be encouraged to be developed in partnership with stakeholders, in particular workers representatives, and be managed in cooperation with them. Workers representatives shall be given the necessary resources to carry out their responsibilities in this area, including in order to establish connections with trade unions and workers in the undertakings with which the main undertaking has business relationships.
Amendment 660 #
2020/2129(INL)
Motion for a resolution
Article 10
Article 10
Amendment 674 #
2020/2129(INL)
Motion for a resolution
Article 11 – point 2
Article 11 – point 2
Amendment 678 #
2020/2129(INL)
Motion for a resolution
Article 12
Article 12
Amendment 692 #
2020/2129(INL)
Motion for a resolution
Article 13 – point 2
Article 13 – point 2
Amendment 697 #
2020/2129(INL)
Motion for a resolution
Article 13 – point 5
Article 13 – point 5
Amendment 703 #
2020/2129(INL)
Motion for a resolution
Article 15 – point 1
Article 15 – point 1
1. Member State competent authorities referred to in Article 14 shall have the power to carry out appropriate checks within the framework of investigations to ensure that undertakings comply with the obligations set out in this Directive. Competent authorities shall be authorised to carry out checks on undertakings and interviews with affected or potentially affected stakeholders or their representatives.
Amendment 711 #
2020/2129(INL)
Motion for a resolution
Article 15 – point 2
Article 15 – point 2
2. Investigations referred to in paragraph 1 shall either be conducted by taking a risk-based approach or in the event a competent authority is in possession of relevant information regarding possible breaches of human rights and environmental standards, including on the basis of substantiated complaints provided by any third party.
Amendment 715 #
2020/2129(INL)
Motion for a resolution
Article 15 – point 3
Article 15 – point 3
3. Member States competent authorities referred to in Article 14 shall facilitate the submission by third parties of complaints referred to in paragraph 2 by measures such as a complaint submission forms and ensuring that complaints remain anonymous upon the request of the complainant. Member States. Member States competent authorities referred to in Article 14 shall ensure that that form can also beis completed electronically.
Amendment 723 #
2020/2129(INL)
Motion for a resolution
Article 15 – point 6
Article 15 – point 6
6. Member States shall ensure that if the failure to comply with this Directive coulddirectly leads to irreparable harm, a competent authority may order the adoption of interim measures by the undertaking concerned, or - if no other measure is available and ensuring strict compliance with the principle of proportionality - order the temporary suspension of activities.
Amendment 731 #
2020/2129(INL)
Motion for a resolution
Article 15 – point 8
Article 15 – point 8
Amendment 735 #
2020/2129(INL)
Motion for a resolution
Article 15 – point 9
Article 15 – point 9
Amendment 738 #
2020/2129(INL)
Motion for a resolution
Article 16 – point 1
Article 16 – point 1
1. In order to create clarity and certainty for undertakings, in particular small, medium-sized and micro undertakings, as well as ensure consistency among their practices, the Commission, in consultation with Member States and the OECD, and with the assistance of the European Union Fundamental Rights Agency, and the European Environment Agency and the European Agency for Small and Medium Enterprises, shall publish general non- binding guidelines for undertakings on how best to fulfil the due diligence obligations set out in this Directive. Thoese guidelines shall provide practical guidance on how proportionality may be applied to due diligence obligations depending on the size and sector of the undertaking. The guidelines shall be made available no later than 18 months after the date of entry into force of this directive.
Amendment 744 #
2020/2129(INL)
Motion for a resolution
Article 16 – point 2
Article 16 – point 2
2. The Commission, in consultation with Member States and the OECD, and with the assistance of the Fundamental Rights Agency, and the European Environment Agency and the European Agency for Small and Medium Enterprises, may prepare specific non-binding guidelines for undertakings operating in certain sectors.
Amendment 751 #
2020/2129(INL)
Motion for a resolution
Article 16 – point 3
Article 16 – point 3
3. In preparing the non-binding guidelines referred to in paragraphs 1 and 2 above, due account shall be taken of the United Nations Guiding Principles on Business and Human Rights, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises, the OECD Guidance for Responsible Mineral Supply Chains, the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear sector, the OECD guidance for Responsible Business Conduct for Institutional Investors, and the OECD-FAO Guidance for Responsible Agricultural Supply Chains.
Amendment 753 #
2020/2129(INL)
Motion for a resolution
Article 17
Article 17
Amendment 763 #
2020/2129(INL)
Motion for a resolution
Article 18 – point 1
Article 18 – point 1
1. The Commission shall set up a European committee of competent authorities to facilitateDue Diligence Network of competent authorities to ensure, together with the national competent authorities referred to in Article 14, the coordination and convergence of regulatory and supervisory practices, and monitor the performance of national competent authorities.
Amendment 766 #
2020/2129(INL)
Motion for a resolution
Article 18 – point 2
Article 18 – point 2
Amendment 775 #
2020/2129(INL)
Motion for a resolution
Article 18 a (new)
Article 18 a (new)
Article 18 a Exercise of delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3 shall be conferred on the Commission for a period of 5 years from (date of entry into force of this Regulation). 3. The delegation of power referred to in Article 3 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or a later date specified therein. It shall not affect the validity of any delegated act already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law Making.5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or, if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
Amendment 778 #
2020/2129(INL)
Motion for a resolution
Article 19 – point 1
Article 19 – point 1
1. Member States shall provide for penaltiesanctions applicable to infringements of the national provisions adopted in accordance with this Directive and shall take all the measures necessary to ensure that those penaltiesanctions are enforced. The penaltiesanctions provided for shall take into account the severity and repeated nature of the infringements committed and be effective, proportionate and dissuasive.
Amendment 783 #
2020/2129(INL)
Motion for a resolution
Article 19 – point 2
Article 19 – point 2
Amendment 803 #
Amendment 69 #
2020/2123(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
whereas at the end of 2019 the size of the Eurosystem balance sheet had stabilised at EUR 4.7 trillion, in line with the level reached at the end of 2018;
Amendment 70 #
2020/2123(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
whereas in 2019 the ECB’s net profit amounted to EUR 2.366 billion, compared with EUR 1.575 billion in 2018; whereas this increase can mainly be attributed to both an increase in net interest income and better results from financial operations.;
Amendment 71 #
2020/2123(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
whereas according to the November 2019 Eurobarometer poll, popular support for the euro rose to 76 % in 2019;
Amendment 72 #
2020/2123(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Amendment 73 #
2020/2123(INI)
Motion for a resolution
Subheading 1 e (new)
Subheading 1 e (new)
whereas on 4 June, the Governing Council decided to increase the PEPP envelope by to EUR 1.35 trillion, to extent the horizon of PEPP net purchases to at least the end of June 2021, and that maturing principal payments under the PEPP will be reinvested until at least the end of 2022 ; moreover, notes that net purchases under ECB’s asset purchase programme (APP) will continue at a monthly pace of €20 billion, together with the purchases under the additional €120 billion temporary envelope until the end of 2020;
Amendment 74 #
2020/2123(INI)
Motion for a resolution
Subheading 1 f (new)
Subheading 1 f (new)
whereas other policy measures were taken to provide liquidity such as targeted longer-term refinancing operations (TLTRO III) and PELTRO, a pandemic- specific liquidity facility;
Amendment 318 #
2020/2123(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Calls for a more detailed disclosure of social and employee matters as well as governance affairs in line with EU Directive 2014/95 on Non-Financial Reporting.;
Amendment 42 #
2020/2117(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the incorporation of the Paris Agreement as an essential element in all trade, investment and partnership agreements; stresses that ratification of the International Labour Organization (ILO) core conventions and respect for human rights are requirementimportant considerations for concluding FTAs; asks for ambitious chapters on gender and on small and medium-sized enterprises (SMEs) to be included in all trade agreements;
Amendment 53 #
2020/2117(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the post-COVID-19 recovery is a unique opportunity to set the agenda for sustainable growth; calls on the Commission, therefore, to present its review of the 15-point action plan on TSD chapters without delay; expects the review to address the enforceability of TSD commitments as a matter of urgency, as it is not currently included; recalls, in this regard, the non-paper from the Netherlands and France on trade, social economic effects and sustainable development11 ; suggests that, as a minimum, recent advances in enforceability should be applied to EU trade policy, namely the ability to tackle any non-compliance by partners through unilateral sanctions, including the introduction of tariffs or quotas on certain products or the cross- suspension of other parts of an agreement; emphasizes the role of the Chief Trade Enforcement Officer in this regard, calling for close cooperation with the European Parliament’s International Trade Committee in the monitoring and scrutiny of TSD enforcement; __________________ 11Non-paper from the Netherlands and France on trade, social economic effects and sustainable development, accessed at ‘the Netherlands at International Organisations (permanentrepresentations.nl)’.
Amendment 75 #
2020/2117(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the EU to take a leading role at a multilateral level to end hmarmfulket distorting subsidies by advocating for a common rulebook, including transparency and strict regulation and disciplines in trade agreements and at the World Trade Organization (WTO); stresses the importance of drawing up sustainability impact assessments on an ex-ante, intermediate and ex-post basis; stresses the need to develop a comprehensive framework with concrete targets to advance the SDGs, the Green Deal and the ILO Decent Work Agenda in trade and investment agreements; emphasises that new agreements should only be concluded once these targets have been fulfilledcarefully consider progress in third country efforts to meet sustainability targets and that existing agreements should be revised accordingly in due time;
Amendment 128 #
2020/2117(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that openness should go hand in hand with safeguarding our strategic sectors and should be closely connected with an ambitious, forward- looking industrial policy in line with the Green Deal and digital strategy, creating quality jobs and ensuring that Europe plays a crucial role in the production of innovative goods and future services; supply chain diversification and resilience should be a key priority for the revised EU Trade Policy; highlights the coupling of trade and security interests and calls for a proportional strengthening of FDI Screening, complementing Member State efforts to safeguard European strategic sectors, preventing the establishment of detrimental and exploitable economic dependencies with non-EU actors;
Amendment 209 #
2020/2117(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Commission to set out concrete and specific actions and a roadmap to implement the concept of open strategic autonomy; recalls the geopolitical significance of a strong, diversified and resilient EU trade policy; stresses that the EU’s market strength, values and adherence to cooperation, fairness and rule-based trade should be the basis of such openness; strongly recommends that the EU seeks out partnerships with like-mindednew and consolidates existing partnerships with like-minded partners; urges, to this end, the Commission to push forward and finalize ongoing bilateral negotiations with international partners; stresses, however, that where cooperation is not possible, the EU should pursue its interests through autonomous measures to protect its values and fight unfair trading practices;
Amendment 250 #
2020/2117(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is aware of the importance of the EU’s multifaceted trade relationship with China; firmly believes that EU-China trade relations require a more balanced and reciprocal approach; stresses that the upcoming ratification process of the EU- China Comprehensive Agreement on Investment can only begin once the EU has the requisite autonomous measures in place, including a ban on products made using forced labour, an upgraded trade defence toolbox and a working sanctions mechanism on human rights; demands that the Commission move forward withhas to be accompanied by substantial progress in the elaboration of suitable and effective autonomous measures, to be deployed in efforts to counter market-distorting practices or to defend strategic EU interests, including a ban on products made using forced labour, an upgraded trade defence toolbox and a working sanctions mechanism on human rights; underlines that Parliament will carefully scrutinise the agreement, including its provisions on sustainable development and reminds the Commission that it will take the human rights situation in China, including in Hong Kong, into account when asked to endorse the Iinvestment Agreement with Taiwaagreement; deeply regrets the unacceptable Chinese escalation of placing elected Members of the European Parliament and European Union institutions under sanctions, as this further erodes trust and hinders bilateral cooperation;
Amendment 258 #
2020/2117(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Underlines the vital added value of engaging in consolidated economic and commercial relations with the wider Asia- Pacific region, manifesting the concept of Open Strategic Autonomy through a diversification of EU supply chains; stresses the strategic need of contributing to regional and global trade and investment standard-setting, recalling that the normative playing field is an area where the EU needs to exercise its influence, in line with its geo-economic ambitions;
Amendment 262 #
2020/2117(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Urges the Commission to move forward with the Investment Agreement with Taiwan, taking the necessary steps for a scoping exercise, impact assessment and launching a public consultation; reiterates the importance of the bilateral structural dialogue, including on matters related to multilateralism and WTO, technology and public health, as well as essential cooperation on critical supplies such as semiconductors;
Amendment 265 #
2020/2117(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the TPR’s engagement towards Africa and the Eastern and Southern Neighbourhoods and looks forward to concrete steps to deepen the EU’s relations with these partners; stresses the importance of engaging in an effective, sustained and constructive fashion the Eastern Partnership countries, consolidating existing DCFTAs and providing mutually beneficial economic cooperation with these actors of key geopolitical relevance for the EU’s strategic agenda; reiterates the importance of a strategic and sustainable partnership with Southeast Asia, India and Latin America;
Amendment 28 #
2020/2088(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the higher turnout was ultimately linked toshould not divert our attention from the gains by Eof eurosceptics, which should be considered as a warning for European integration, especially in several founding Member States where far-right extremists and anti-European forces won the electionspopulist and nationalist movements; whereas many of these radical forces from left to right are against the EU integration project;
Amendment 32 #
2020/2088(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the higher turnout is also a sign that EU citizens want the EU to act swiftly and effectively on important matters such as climate change, migration, protection of fundamental rights and democratisation;
Amendment 35 #
2020/2088(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas we need to be more efficient and proactive in taking advantage of all means of communication, including digital technology, to foster a strong link between European political decisions and constituents’ sense of connection to EU institutions;
Amendment 56 #
2020/2088(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the amendedParliament should pursue its proposals for amendments to the Electoral Act, still pending ratification by some Member States, already requires further improvements (i.e. regarding parental leave for MEPs)with renewed vigour and to push for unified European electoral rules;
Amendment 70 #
2020/2088(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the 2019 elections failed to culminate in the choice of a Commission President from among the various Spitzenkandidaten, resulting in a backward step from the process which was established in 2014;
Amendment 78 #
2020/2088(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Spitzenkandidaten process has yet to be fully developed; whereas it lacks, among other things, the possibility for Spitzenkandidaten to stand as official candidates in all Member States on transnational lists, allowing all European voters to choose and vote for their preferred Spitzenkandidatimproved, allowing all European voters to know who are the candidates to the presidency of the European Commission and how they were chosen by European political parties; whereas Parliament raised this issue in its decision of 7 February 2018 on the revision of the Framework Agreement on relations between the European Parliament and the European Commission15 ; ; _________________ 15 Texts adopted, P8_TA(2018)0030.
Amendment 84 #
2020/2088(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Spitzenkandidaten system needs to be improved and formalised in the EU’s primary law after an in-depth institutional reflectionaddressed and reflected upon in the Conference for the Future of Europe; whereas this reflection should also include the de facto political role of the Commission and its President and any related changes to the decision-making process of the Union;
Amendment 88 #
2020/2088(INI)
Motion for a resolution
Recital M
Recital M
M. whereas institutional improvements such as transnational lists, as acknowledged by Parliament in its resolution of 7 February 2018 on the composition of the European Parliament, or the transformation of the Council into a second legislative chamber of the Union, as proposed in its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union, would radically transform the European elections into one true European election,are needed in order to achieve a true European political sphere as opposed to the collection of 27 separate national electiondebates that it is today;
Amendment 94 #
2020/2088(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. Whereas proposal such as the "transnational lists" or the transformation of the Council into a second legislative chamber are still under discussion; whereas none of them count currently with a majority support; Whereas the upcoming Conference on the Future of Europe provides a true opportunity to discuss these issues and other institutional reforms; Whereas the success of the Conference will crucially depend on the agenda, the involvement of the citizens and the European Council's willingness to implement results;
Amendment 109 #
2020/2088(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas European political parties and foundations are the primary facilitators of a successful European political debate, both during and beyond European elections and should be rendered more visible;
Amendment 125 #
2020/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the higher turnout in the 2019 European elections; considers that this shows that an increasing proportion of citizens consider the EU to be the appropriate level at which to address the challenges of our time such as climate change and environmental concerns, social and gender inequalities, sustainable growth, and geopolitical concerns such as migration and foreign policyas economy and sustainable growth, public health, climate change and environmental protection, digital revolution, the promotion of freedom, human rights and democracy, social and gender inequalities, migration and demography, security and the role of the EU in the world; urges all the European institutions, therefore, to take responsibility and to act upon the mandate they have been given, directly or indirectly, by the citizens; regrets both the lack of decisiveness by the Council and the lack of clear intent to achieve solutions based on a common approach;
Amendment 158 #
2020/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that the reason whyAcknowledges that the Spitzenkandidaten process failed to produce a President of the European Commission after the 2019 elections is because no improvements were made to it following the experience of 2014; intends to strengthen the democratic process for choosing the Commission President before the next European elections of 2024;
Amendment 165 #
2020/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the up-comingCalls for the swift adoption of the joint declaration of the three European institutions on the Conference on the Future of Europe, recalls the commitment by the Commission President to address the issue of transnational lists and the Spitzenkandidaten process as the priority institutional issues during the Conference;
Amendment 173 #
2020/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition; recommends that the election procedure be reversed so that Parliament proposes and elects the President of the Commission, after obtaining the consent of the European CouncilRecalls the commitment by the Commission President to address the issue of the Spitzenkandidaten process and transnational lists in the context of the Conference on the Future of Europe; Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition, as shown in the election of July 2019 of the von der Leyen Commission;
Amendment 186 #
2020/2088(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the outcome of the European elections has reinforced the political dimension of the election of the European Commission, and therefore the need for more accurate and objective scrutiny of the declarations of interests of the Commissioners-designate; calls for the creation of an independent body, endowed with the appropriate means, to have this scrutiny included in its responsibilitiesstrengthening of this scrutiny before, during and after the mandate of the Commissioners-designate by reinforcing the role of the already existing Independent Ethical Committee;
Amendment 190 #
2020/2088(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 203 #
2020/2088(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that all European voters should be allowed to vote for their preferredbe allowed to know who the candidate fors to the Ppresidentcy of the European Commission are, giving them the choice to vote for his or her political party; reiterates, therefore, that the Spitzenkandidaten should be able to stand as official candidates atin the next elections in a joint European constituency across all Member StateEuropean Elections;
Amendment 206 #
2020/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 213 #
2020/2088(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 221 #
2020/2088(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges that despite the fact that the agreed reform of the Electoral Law has not yet been ratified by some Member States, further improvements are required, such as provisions for remote voting operations in defined or exceptional circumstances, as well as on the elections in the joint European constituencyshould be addressed at the Conference on the Future of Europe;
Amendment 235 #
2020/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 243 #
2020/2088(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and the Council to consider, in accordancfully engage with the work of Parliament’s new Special Committee on Foreign interference and Disinformation, the urge and take into creation of a European organisation dedicated to the fight against foreign interferenceonsideration the outcome of its work; encourages the Commission and the Council to work much more closely with Parliament on these matters, as the protection of our democratic institutions is a core competence of the European Parliament;
Amendment 249 #
2020/2088(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers European political parties' manifestos should be known before the elections, which requires clear and transparent rules on campaigning; underlines the European election rules shall promote European party democracy, including by making obligatory for parties running in European elections and the European party logo appear (next to the national one) on the ballot sheet;
Amendment 256 #
2020/2088(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Is of the opinion that the introduction of an annual European Week taking place simultaneously in all national parliaments, with debates between MPs, European Commissioners, MEPs and representatives of civil society on the Commission Work Programme would support the emergence of connected inter-parliamentary public spheres as well as improving the communication of European actions at national level;
Amendment 17 #
2020/2072(INL)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Demands to strengthen the Court of Justice of the European Union by introducing an instrument of individual complaint for citizens; underlines the need to establish a mechanism for arbitration of constitutional matters; proposes that this topic be debated during the course of the upcoming Conference on the Future of Europe;
Amendment 2 #
2020/2058(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 99 #
2020/2058(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the success of the EU’s aim to achieve climate neutrality will, among other factors, depend on the adequacy of the financing;
Amendment 178 #
2020/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the gradual phasing-out of public and private investments in highly polluting and harmful industries for which economically feasible alternatives are available, while fully respecting the rights of Member States to choose their energy mix;
Amendment 373 #
2020/2058(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the statement of the ECB President that the ECB is supporting the development of a taxonomy as a way of facilitating the incorporation of environmental considerations in central bank portfolios; calls on the ECB to evaluate the feasibility of including sustainability criteria in its collateral framework and its annual stress testing exercise, while assessing ways to guide lending towards energy transition investments and to rebuild a sustainable economy in the aftermath of the COVID- 19 crisis;
Amendment 405 #
2020/2058(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 419 #
2020/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Insists on the integration of governance objectives in the sustainability framework, including through additional voting rights for long-term shareholders, reform of remuneration structures and fiduciary duties for top-line management, and mandatory sustainability reporting and due diligence fovites the Commission to analyse how a long-term perspective can be better financial institutions and large corporates; welcomes the preparation of a sustainablcorporated into the corporate governance initiativregime;
Amendment 435 #
2020/2058(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that investments in unsustainable economic activities may lead to stranded assets with lock-in effects; considerspoints out that this risk needs to be insufficiently integrated in credit ratings and prudential frameworks;
Amendment 444 #
2020/2058(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls that sustainable investments do not necessarily come with a lower risk-profile than other types of investments; points out that sustainability considerations must therefore not come at the expense of financial stability considerations;
Amendment 455 #
2020/2058(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the introduction of an enabling framework for public sustainable investments to achieve the goals set out in the European Green Deal, but stresses that whatever financing model is chosen must not undermine the sustainability of public finance in the EU; supports the commitment by EVP Dombrovskis to explore how taxonomy can be used in the public sector; calls for public support for airlines to be used in a sustainable and efficient mannerStresses that increased levels of public sustainable investments must not undermine the sustainability of public finance in the EU;
Amendment 473 #
2020/2058(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Rejects the idea of an enabling framework for public sustainable investments or any 'fast-track-procedure' under the Stability and Growth Pact;
Amendment 490 #
2020/2058(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that the European Semester is a framework for EU Member States to coordinate their budgetary and economic policies; believes that ithe European Semester is not the right crouldte to facilitate the implementation of the European Green Deal, the European Pillar of Social Rights and the UN Sustainable Development Goals (SDGs); believes that the SDGs should be at the heart of EU’s policy making processcompetitiveness and sound fiscal policy should be at the heart of a focussed European Semester;
Amendment 513 #
2020/2058(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the Solvency Support Instrument to level the playing field in the single market, and takes note of the introduction of ‘transition plans’ for certain companies to increase the sustainability of their activities; considers that society can ask for a quid pro quo when providing support to companies; believes that transition plans should be obligatory for companies seeking state aid or EU-level support unless it is clear that they do not engage in environmentally or socially harmful activities; urges the Commission to only approve transition plans that set businesses on the path to the climate- neutral and circular economy without significantly harming any other environmental or social objectives;
Amendment 531 #
2020/2058(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 548 #
2020/2058(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 31 #
2020/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Proposes that the CBAM be implemented as an extension of complementary measure to the EU emissions trading system (EU ETS), which would require importers to purchase allowances from a specific virtual pool mirroring the EU carbon price, as long as third countries do not have a cap and trade system comparable to the EU ETS for the volume of carbon emissions incorporated in their products; notes that the mechanism should ensure a single carbon price, both for domestic producers and importers;
Amendment 44 #
2020/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges that the proposed CBAM apply to all imports in order to avoid distortion in the internal marketConsiders that a CBAM should cover all imports, but that as a starting point already by 2023 it should cover the power sector and energy-intensive industrial sectors like cement, steel, chemicals and fertilisers, which continue to receive substantial free allocations, and still represent 94% of Union industrial emissions;
Amendment 66 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recommends that a design be introduced that measures the carbon content of imports through their basic materials composition (as outlined in the proposal from the European Economic and Social Committee); recalls that this feasible approximation would weigh each basic material covered by the EU ETS and multiply it by its carbon intensity value – which ideally should be defined at countryproducer level; stresses, however, that importers who are more carbon efficient should be allowed to demonstrate the specific carbon intensity of their products;
Amendment 69 #
2020/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests that the implementation ofUntil at least 2030, the CBAM framework should be an additional measure to the existing carbon leakage measures under the EU ETS; if after 2030 global markets for carbon lean products are put in place, the CBAM shcould lead to the progressivegradual phasing out of the free allocation of allowances, following an appropriate transition period, since the mechanism; the mechanism intends to ensures that EU producers and importers would have to deal with the samesimilar carbon costs in the EU market; notes that this phasing out should be coupled in parallel with the introduction of export rebates in order to maintain strong decarbonisation incentives, while ensuring a level playing field for EU exports;
Amendment 85 #
2020/2043(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the inclusion of CBAM revenues into the EU budgetonsiders that the CBAM being an environmental measure, the revenues could be used to co-finance projects that foster technological and energetic transition as well as research on low- carbon projects and further projects in line with the Union`s environmental ambitions;
Amendment 29 #
2020/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the European Union still has important economic ties with African states, and that China has intensified its economic engagement in Africa; in this context stresses that the EU and the African continent should develop an ambitious joint strategy aiming at reinforcing not only a global political dialogue but also targeted aid and investment, particularly in education;
Amendment 34 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that the role of many African states in the international division of labour does not promote theiras well as in the international global supply chains is weak due to inter- alia low productivity, lack of targeted investment and a skilled labour force. Hence, much of the continent’s opportunities remain untapped and sustainable development is not promoted;
Amendment 55 #
2020/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to support Africa in its ambitions for a continental free trade area by making the necessary adjustments in order to implement its Economic Partnership Agreements (EPAs) and make them fit; recalls the importance of an integrated free trade area for Africa that facilitates international trade and inclusive development; regrets theat projectgress on the implementation of the Ccontinental Ffree Ttrade Aarea has been very slow;
Amendment 68 #
2020/2041(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. UEmphasizes that EPAs and GSP remain the two pillars of the trade relationship between the European Union and African states and should be further developed; underlines that the fragmented implementation of EPAs has resulted in a lack of substantial progress in supporting regional integration, capacity-building on border cooperation, and improvements in investment climates and good governance;
Amendment 98 #
2020/2041(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Member States and African countries to accelerate the ratification of EPAs and demands that the Commission puts forth an ambitious timetable for the implementation of such agreements;
Amendment 104 #
2020/2041(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Stresses that a strong Africa is in the geostrategic interest of the European Union and that the EU must therefore elaborate ambitious and appropriate plans for African growth and development that diversifies the economy on the continent and increases intra-African trade;
Amendment 106 #
2020/2041(INI)
Draft opinion
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Highlights that the EU with its Member States remains the largest donor to Africa with 31% of the total aid, recalls the importance for a paradigm shift in European development policy towards market-oriented structural reforms and good governance;
Amendment 108 #
2020/2041(INI)
Draft opinion
Paragraph 10 d (new)
Paragraph 10 d (new)
10 d. Stresses that there is a need in Africa to establish intra-continental value chains allowing for the domestic processing of raw materials; notes the continued existence of significant barriers to such trade due to prevalence of tariffs and other barriers, as well as poor infrastructure and high transaction costs;
Amendment 61 #
2020/2037(INI)
Motion for a resolution
Recital I
Recital I
I. whereas new powers to temporarily issue recovery debt, including green bonds – which make the EU the world’s biggest issuer of such debt –, require adequate implementation and strict enforcement capacities so as to avoid undermining the long-term credibility of the euro as a safe asset currency;
Amendment 81 #
2020/2037(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the long-term international role of the Euro will largely depend on the Eurozone's attractiveness as a location to do business and the soundness of the Member States' fiscal policies;
Amendment 108 #
2020/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates, in this context, the need to deepen and complete the Economic and Monetary Union (EMU), the Banking Union and the Capital Markets Union (CMU), with a view to enhancing the international competitiveness of European markets and the stability and attractiveness of the euro;
Amendment 137 #
2020/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for sustainable and sound fiscal and structural growth- enhancing policies that are based on a commitment to credible fiscal rules to maintain the stability and integrity of the Euro; calls for further reflection on the adequacy of the stability and growth pact framework and its enforcement despite the challenging circumstances; supports the plan outlined in Next Generation EU to use, in addition to monetary policy, a fiscal impulse, notably borrowing EUR 750 billion from capital markets bonds to finance the recovery and green transition, in addition to the issuance of EUR 100 billion in ‘social’ bonds under the European instrument for temporary support to mitigate unemployment risks in an emergency (SURE), which is intended to preserve employment; applauds the high level of interest that investors have demonstrated in European bonds;
Amendment 148 #
2020/2037(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that an adequate supply of safe assets is a precondition for international currency status, and expresses its regret at the limited availability of euro- denominated safe assets; underlines, therefore, the need to create European safe assets; considers that the proposed issuance of a common debt to finance recovery will provide an EU-level reserve asset benchmark and increase the supply of euro-denominated safe assets; expects the ECB to conduct an assessment of the possibility of issuing certificates of deposit under its existing legal basis;
Amendment 194 #
2020/2037(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Points out that a higher share of energy contracts being traded in Euro could enhance the international role of the Single currency and is therefore supportive of policies furthering that goal;
Amendment 216 #
2020/2036(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that in light of recent scandals, such as the case of Wirecard in Germany, the independence and accountability of auditors as well as regulators must be strengthened and all existing fraud-prevention regulations must be reviewed thoroughly;
Amendment 6 #
2020/2028(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the European system of technical regulation and standardisation has demonstrated to be a driver for competitiveness, innovation and consumer safety in Europe, making European standards a global benchmark;
Amendment 10 #
2020/2028(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the current gaps in the content of harmonised standards are an obstacle to Member States in meeting their responsibilities with regard to structural safety, health and other construction-related matters;
Amendment 18 #
2020/2028(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points to the specific nature of the CPR, which differs in some areas from the general principles of the new legislative framework (NLF), chiefly because it does not harmonise any specific requirements or minimum safety levels for construction products, but instead defines a common technical language for measurassessing the performance of construction products over their essential characteristics;
Amendment 21 #
2020/2028(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned that the deficient and incomplete implementation of the CPR in some Member States has led to severe legal uncertainties and unpredictabilities for builders, contractors, planners and architects; urges the Commission to find unbureaucratic and pragmatic solutions without delay and in consent with the Member States in order to overcome these undesirable and negative effects on the European construction sector.
Amendment 22 #
2020/2028(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the common technical language set up by the CPR is defined by harmonised European standards, and by European Assessment Documents (EADs) for products not or not fully covered by harmonised standards; acknowledges that the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation(Cenelec) are the competent organisations for the drafting of harmonised standards, while the European Organisation for Technical Assessment (EOTA) and Technical Assessment Bodies (TAB) are responsible for the preparation of EADs;
Amendment 24 #
2020/2028(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that unlike other NLF legislation, the use of harmonised standards under the CPR is mandatory, which requires an effective system of adoption to address the needs of industry, keep up with technological developments and, ensure legal clarity and meet the regulatory needs of Member States;
Amendment 28 #
2020/2028(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned by the fact that of the 444 existing harmonised standards for construction products, only 12 were issued after the adoption of the CPR; believes that the time required for the development and citation of standards, and the backlog for revising and updating existing standards (CPR acquis) and the lack of clear and pragmatic guidance by the Commission are among the most significant problems associated with the implementation of the CPR;
Amendment 31 #
2020/2028(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned that a significant number of standards do not fully cover all product requirements necessary for their use in construction works; stresses the urgent need to review standards which are incomplete in a way that all construction products can be used without further precautionary measures;
Amendment 32 #
2020/2028(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urgently calls on the Commission to find a quick and viable solution to improve the standardisation processes and remove the backlog of non-cited standards; supports, in this regard, a combination of short-term measures to tackle the backlog as well as regulatory gaps alongside long- term measures to improve the process of defining the common technical language and preferably comprehensive standards; calls for existing harmonised European standards to be considered to be part of short-term measures;
Amendment 39 #
2020/2028(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points to the fact that standardisation issues need to be addressed in all steps of the preparation process; calls for transparency and openness from all parties involved; highlights the need to ensure the high quality of the mandates issued by the Commission and the necessity to provide clear and pragmatic guidelines for the standardisation bodies; suggests establishing clearly defined timeframes for the Commission to assess the prepared standards and clear deadlines for all parties to ensure further revision if a mandate or the CPR is found not to have been adhered to; considers it important to define the scope of the standards more precisely so that manufacturers can have clear guidance when declaring that their products fall within the scope;
Amendment 40 #
2020/2028(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that owing to the mandatory nature of standards within the context of the CPR and the fact that they are considered part of Union legislation, the texts of issued harmonised standards should be available in all Union languages; highlights the need to ensure high-quality translation and involve national standardisation bodies in the translation process; calls on the Commission to further support and simplify the financial arrangements for the translation of harmonised standards;
Amendment 45 #
2020/2028(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned by the fact that while the alternative route for products not or not fully covered by harmonised standards was included in the CPR also to allow innovative products to enter the market, the vast majority of EADs do not concern innovative products;
Amendment 46 #
2020/2028(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes, in consequence, that the current underperformance of the standardisation system is one factor leading to an increasing use of the European Organisation for Technical Assessment (EOTA) route as an alternative means of standardisation;
Amendment 48 #
2020/2028(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that the current procedure for developing EADs has to address the manufacturers’ goal of putting innovative products on the market as quickly as possible;
Amendment 52 #
2020/2028(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that the CE marking is a mean to allow construction products legally placed on the market in one Member State to be marketed on the territory of any other Member State; highlights, however, that the CE marking under the CPR differs from other NLF legislation since it only refers to the product performance and does not attest the conformity with specific product requirements, as it is the case for other products that are CE marked under NLF;
Amendment 54 #
2020/2028(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13a. Regrets the fact that the CE marking is wrongly understood as a quality mark, while it does not determine whether a construction product is safe or could be used in construction works; believes that further solutions are needed to provide end-users with precise and clear information with regard to safety of construction products and their compliance with national building safety and construction works requirements;
Amendment 59 #
2020/2028(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to consider the possibility of including in the CPR minimum product requirements aimed at ensuring health and safety, structural integrity and protecting the environment and other public interests, thereby following the approach of NLF legislation, which has proven to be effective;
Amendment 64 #
2020/2028(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that digital solutions such as a ‘Smart DoP’ could be used to allow economic operators to quickly assess and compare requirements for construction works with the information provided in the DoP, so that users can benefit from the information provided by manufacturers in their declarations of performance; notes that the CPR should not only ensure the accuracy and reliability of the declared performance, but also its reliability;
Amendment 66 #
2020/2028(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that such an approach would increase trust in EU harmonisation, improve the quality of harmonised standards, strengthen the confidence of market players in the CE marking, ensure the safety of construction products placed on the market and help reduce fragmentation of the single market;
Amendment 72 #
2020/2028(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 73 #
2020/2028(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to adopt implementing acts under Regulation (EU) 2019/1020 in order to determine the uniform conditions of checks, criteria for the determination of the frequency of checks and the amount of samples to be checked in relation to certain products or categories of products, and to lay down benchmarks and techniques for checks on harmonised products, including construction products, both by taking into account the specificities of the construction sector which still should have an impact on a revised CPR;
Amendment 79 #
2020/2028(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers it necessarycrucial for national market surveillance authorities responsible for construction products to cooperate closely with national building control authorities to ensure a nuanced approach in assessing the conformity of construction products used in construction works with the declared performance or intended use, as well as ensure their compliance with building regulations, thereby guaranteeing the safety and security of end-users;
Amendment 106 #
2020/2028(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises that any revision of the CPR should be in line with the principles and objectives of Regulation (EU) No 1025/2012 as regards the preparation of harmonised standards in order to ensure their transparency and quality, as well as the specificities of the construction sector; highlights that any revisiond should ensure the appropriate involvement of all interested parties and Member states' regulatory needs;
Amendment 108 #
2020/2028(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses the need to ensure legal clarity for a transitional period as regards any revision of the CPR and the review of the CPR acquis, in order to avoid a legal vacuum; involving all interested parties;
Amendment 109 #
2020/2028(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Is concerned that any revision of the CPR and, in particular, the review of the CPR aAcquis will take significant time, while manufacturers, building companies, builder-owners, awarding authorities, planners, member states users and end- users need immediate solutions to overcome the legal uncertainty resulting from the lack of updated harmonised standards and, among others, regulatory gaps; calls on the Commission to address this issue as a matter of priority, including a targeted short-term legal amendment to cope with the urgent legal and technical challenges and at the same time to forcefully advance a fundamental revision of the CPR; calls on the Commission to address this issue prior to any revision of the CPR and in the review of the CPR aAcquis;.
Amendment 168 #
2020/2023(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that contrary to the UK’s claim of relying on existing precedents, many proposals in the UK draft legal proposals go significantly beyond what has been negotiated by the EU in other FTAs with third countries in recent years, for example in the area of financial services, mutual recognition of professional qualifications and conformity assessment, equivalence of the SPS regime, or the cumulation of Rules of Origin;
Amendment 157 #
2012/0060(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country that could result in the impairment of access of Union goods, services or economic operators to the procurement or concession markets, the Commission should examine to what degree laws on public, rules or other measures on procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement, and do not result in serious and preclude any discriminaurring restrictions against Union goods, services andor economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatoryrestrictive practices against Union goods, services andor economic operators.
Amendment 174 #
2012/0060(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The determination whether an investigation is in the interest of the Union should be based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry, users and consumers. The Commission should weigh up the consequences of starting an investigation against its impact, and the potential measures that could be adopted under this Regulation, on EU’s broader interests. The general objective of opening third country markets and improving market access opportunities for EU economic operators should be given special consideration. The objective of limiting any unnecessary administrative burden for contracting authorities and contracting entities as well as economic operators should also be taken into account.
Amendment 431 #
2012/0060(COD)
Amendment 438 #
2012/0060(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)