BETA

2193 Amendments of Nicola BEER

Amendment 107 #

2023/2128(INI)

Motion for a resolution
Paragraph 1 – point l
(l) mconitor closely the fragile situation arounddemn all activities by China to unilaterally change the status quo in the context of the unresolved border dispute between India and China, and two nuclear powers recognise the state of Arunachal Pradesh as an integral part of the Republic of India;
2023/10/27
Committee: AFET
Amendment 13 #

2023/2127(INI)

Motion for a resolution
Citation 7 a (new)
– having regard to the Commission Recommendation on critical technology areas for the EU's economic security for further risk assessment with Member States (C(2023) 6689 final),
2023/10/09
Committee: AFET
Amendment 52 #

2023/2127(INI)

Motion for a resolution
Recital A
A. whereas China is simultaneously a partner and also increasingly a competitor and a systemic rival to the EUrather than a partner;
2023/10/09
Committee: AFET
Amendment 95 #

2023/2127(INI)

Motion for a resolution
Recital E
E. whereas the EU can only credibly defend its interests and values against an increasingly assertive China if it acts with a single, united approach and remains consistent with its message;
2023/10/09
Committee: AFET
Amendment 103 #

2023/2127(INI)

Motion for a resolution
Recital F
F. whereas in order to defend its core values and be treated as an equal partner, Europe needs a new approach towards China basrooted oin European strategic autonomythe rules-based international order, reciprocity, cooperation with like-minded partners and strong opposition to any form of coercion;
2023/10/09
Committee: AFET
Amendment 136 #

2023/2127(INI)

Motion for a resolution
Recital H
H. whereas the EU mustwill not accept any unilateral change to the status quo in the Taiwan Strait, particularly by force, nor ongoing human rights violations within China, in particular in Xinjiang, Tibet, Inner Mongolia and Hong Kong;
2023/10/09
Committee: AFET
Amendment 217 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point e a (new)
(ea) ensure participation of liberal democracies at all levels in the multilateral organisations where China is actively trying to reshape norms;
2023/10/09
Committee: AFET
Amendment 225 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point f
(f) respond adequately to China’s efforts to build alternative international organisations, including through the BRICS group of countries (Brazil, Russia, India, China and South Africa), by ensuring better coordination among the EU Member States and intensifying partnerships with like-minded partners around the world, such as the US, Japan, and South Korea;
2023/10/09
Committee: AFET
Amendment 229 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point f a (new)
(fa) increase EU’s presence in the Global South through its Global Gateway project, to create alternative secure infrastructure to China’s Belt and Road Initiative;
2023/10/09
Committee: AFET
Amendment 240 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point g
(g) insist that China fulfils its responsibilities as a global power by upholding human rights and the rule of law, according to international standards;
2023/10/09
Committee: AFET
Amendment 254 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point h
(h) ensure a unified European approach, coordinated with international like-minded partners, when China uses its economic leverage to silence opposition against its human rights abuses; intensify and include Members of the European Parliament in the Human Rights Dialogue with China and work towards a united approach on cultural and academic cooperation with China while preventing undue influence from Chinese sources of finance;
2023/10/09
Committee: AFET
Amendment 263 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point h a (new)
(ha) intensify and include Members of the European Parliament in the Human Rights Dialogue with China and work towards a united approach on cultural and academic cooperation with China while preventing undue influence from Chinese sources of finance;
2023/10/09
Committee: AFET
Amendment 271 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point i
(i) support an independent and impartial UN investigation into human rights violations in China, in particular in Xinjiang and Tibet, and urge the Chinese authorities to grant meaningful access to the regions concerned and immediately and unconditionally release the Uyghur scholar and 2019 Sakharov Prize Laureate Ilham Tohti and all other activists imprisoned and tortured because of regime opposition;
2023/10/09
Committee: AFET
Amendment 337 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point n a (new)
(na) elaborate a mechanism through which political refugees from Hong Kong could settle and work on the territory of the EU;
2023/10/09
Committee: AFET
Amendment 366 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point p
(p) work towards a renewed, assertive and coherent EU approach towards China that shapes relations with the PRC in the interest of the EU as a whole and takes full account of the challenges stemming from the PRC’s rise as a global actor, especially in the military and technological domains and its increasingly oppressive domestic policies and assertive foreign policy;
2023/10/09
Committee: AFET
Amendment 401 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point s
(s) work towards a more coordinated approach towards the protection of critical infrastructure at EU level and think in terms of security beyond economic interests;
2023/10/09
Committee: AFET
Amendment 432 #

2023/2127(INI)

Motion for a resolution
Paragraph 1 – point v
(v) revisit the EU’s engagement policy with Taiwan in order to intensify the cooperation and continue supporting democracy there together with like-minded partners; encourage further exchanges between Parliament and its Taiwanese counterparts in this context;
2023/10/09
Committee: AFET
Amendment 22 #

2023/2126(INI)

Motion for a resolution
Recital A
A. whereas a strong transatlantic cooperation based on the principle of a partnership of joint leadership and responsibility is necessary to weather the storm of multiple crises on both sides of the Atlantic and globally;
2023/10/09
Committee: AFET
Amendment 35 #

2023/2126(INI)

Motion for a resolution
Recital B
B. whereas the transatlantic partnership in foreign affairs is instrumental in asserting and enhancing the principles of international law and multilateral cooperation in the face of Russia’s war of aggression against Ukraine and an increasingly assertive and unpredictable China;
2023/10/09
Committee: AFET
Amendment 50 #

2023/2126(INI)

Motion for a resolution
Recital D
D. whereas standing together against the brutality of Russia’s war of aggression against Ukraine will be even more crucial in the months to come and must remain a joint transatlantic commitment regardless of upcoming political developments;
2023/10/09
Committee: AFET
Amendment 60 #

2023/2126(INI)

Motion for a resolution
Recital E
E. whereas EU-US transatlantic dialogue and parliamentary diplomacy must continue to address global challenges, to intensify, and to anchor and consolidate the transatlantic relationship;
2023/10/09
Committee: AFET
Amendment 90 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point b
(b) foster the EU’s open strategic autonomy as a means to pursue the EU’s own legitimate interests while strengthening the transatlantic bondStrengthen the EU’s position globally by acting as “TeamEurope”, by boosting investments in new technologies, military capabilities, and overall capacity building, aiming for to a stronger EU-US partnership, improved burden sharing, and increasing thed joint leverage of the EU and the US on the world scene;
2023/10/09
Committee: AFET
Amendment 105 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point c
(c) reassert the continued relevance of the strategic transatlantic relationship and its anchoring in our shared values for the rebuilding and reinvigoration of the multilateral rules-based international order, with the UN system and international law at its centre;
2023/10/09
Committee: AFET
Amendment 121 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point e
(e) reinforce the accountability and resilience of our democratic systems in the run-up to the elections next year on both sides, as well as enhance transatlantic dialogue and cooperation on policies supporting democracy, human rights and the rule of law and combating disinformation and foreign interference from authoritarian regimes including electoral interference, disinformation, and economic and political coercion;
2023/10/09
Committee: AFET
Amendment 128 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point e a (new)
(ea) continue and enhance bilateral talks on technology with the aim to take the lead in developing international standards for emerging technologies, including but not limited to artificial intelligence (AI), cyber-security and emerging technologies.
2023/10/09
Committee: AFET
Amendment 135 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point f
(f) continue the full EU-US coordination on effective international sanctions on Russia, Belarus and all those who facilitate, directly or in a covert manner, Russia’s aggression in order to undermine Russia’s ability to continue the war and other aggressions against its neighbours and to prevent sanction circumvention;
2023/10/09
Committee: AFET
Amendment 141 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point f a (new)
(fa) ensure that the joint commitment to support Ukraine remains an anchor of transatlantic cooperation regardless of the election results on both side of the Atlantic;
2023/10/09
Committee: AFET
Amendment 163 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point i
(i) continue the excellent cooperation on countering foreign information manipulation and interference and reinforce our joint readiness and resillience against the malign usage of technological advancement to harm our shared interests;
2023/10/09
Committee: AFET
Amendment 170 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point j
(j) assess the importance of the strong convergence of transatlantic positions towards China, building more and more on the ‘de-risking’ strategy while looking for ways to cooperate withalso engage China on some global challenges, such as climate change, health and pandemic preparedness, and humanitarian assistance;
2023/10/09
Committee: AFET
Amendment 190 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point k
(k) reach out jointly to countries of the Global South and reinforce our capacity to work in partnership and our commitment to democratic values, a rules-based international order and to working with the Global Southtogether on an attractive alternative path to digital development, especially connectivity;
2023/10/09
Committee: AFET
Amendment 206 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point l
(l) explore ways to create synergies and possibilopportunities of EU-US engagement with China in multilateral frameworks on common and global challenges, such as climate change, health-related risks, respect for human rights, cyberspace, arms control, non-proliferation and preventing risks from emerging disruptive technologies;
2023/10/09
Committee: AFET
Amendment 213 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point n
(n) deepen cooperation in forging democratic standards for the use of technology, including AI, by aligning their digital diplomacy strategies in order to defend our values, enhance our security and foster democracy-serving digital standards at home and worldwide;
2023/10/09
Committee: AFET
Amendment 230 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point q
(q) foster closer partnership with the US and other like-minded partners in the Indo-Pacific regionseek EU-US alignment on the objective of an open Indo-Pacific region and deepen individual and joint cooperation with regional partners to contribute to regional stability and prosperity;
2023/10/09
Committee: AFET
Amendment 247 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point r a (new)
(ra) continue EU-US cooperation and support for the democratic path of the Republic of Moldova with the objective of its integration into the European Union;
2023/10/09
Committee: AFET
Amendment 250 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point s
(s) underline the need to deepen the EU-US cooperation in the Middle East while continueing the good bilateral engagements on our respective policies towards the Middle East Peace Process, as well as to continue to coordinate our efforts to encourage positive developments in the wider region, including the Abraham Accords;
2023/10/09
Committee: AFET
Amendment 280 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point w
(w) aim for an EU-US agreement on a common carbon footprint calculation methodology; in efforts to reach carbon neutrality by 2050.
2023/10/09
Committee: AFET
Amendment 293 #

2023/2126(INI)

(xa) significantly strengthen cooperation mechanisms and contingency planning for joint responses to geopolitical developments, in particular by working together to strengthen the NATO Alliance’s Eastern Flank, to ensure the security and stability of the Black Sea region, to prepare for the reconstruction of Ukraine, and to prevent any significant disruptions to the global free flow of goods;
2023/10/09
Committee: AFET
Amendment 305 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point y a (new)
(ya) consolidate coordination mechanisms and deepen synergies for securing joint supplies of critical raw materials and rebalancing supply chains of such materials to reduce strategic dependencies on non-democratic suppliers;
2023/10/09
Committee: AFET
Amendment 333 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point ac
(ac) deepen cooperation in space security and research with the US;
2023/10/09
Committee: AFET
Amendment 337 #

2023/2126(INI)

Motion for a resolution
Paragraph 1 – point ad
(ad) jointly address the spread of Russian and Chinese information manipulation and, interference, and economic and political coercion, particularly in the context of Russia’s illegal war against Ukraine and its impact on the Western Balkans, Africa and Latin America;
2023/10/09
Committee: AFET
Amendment 9 #

2023/2123(INI)

Motion for a resolution
Recital B
B. whereas hydrogen can be used as a feedstock, a fuel or an energy carrier and has thea significant potential to decarbonise hard-to- abatsectors like industriesy and heavy transport;
2023/07/20
Committee: ITRE
Amendment 26 #

2023/2123(INI)

Motion for a resolution
Recital F
F. whereas a market for renewable hydrogen and low-carbon hydrogen remains to be built and will require appropriate customer protection and significant investments;
2023/07/20
Committee: ITRE
Amendment 29 #

2023/2123(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas apart from hydrogen production, it is also necessary to expand on hydrogen distribution networks and other relevant transport infrastructures in order to avoid bottlenecks;
2023/07/20
Committee: ITRE
Amendment 36 #

2023/2123(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the Commission to establish the necessary measures for the realisation of a physical European Hydrogen Bank which will serve as a one- stop shop for European financing of hydrogen and also as a platform of expertise;
2023/07/20
Committee: ITRE
Amendment 39 #

2023/2123(INI)

Motion for a resolution
Paragraph 2
2. Recalls that the only sustainable form of hydrogen is renewable hydrogen; notes that electrolysers account for less than 4 % of total hydrogen production in the EU; notes that low-carbon hydrogen cshould play an important role during the transition to a net-zero economy and for the fast ramp-up of the hydrogen market;
2023/07/20
Committee: ITRE
Amendment 52 #

2023/2123(INI)

Motion for a resolution
Paragraph 3
3. Considers that, to secure the EU’s industrial sovereignty in a context of open strategic autonomy, the EHB should strongly prioritisesupport ramping up domestic production;
2023/07/20
Committee: ITRE
Amendment 54 #

2023/2123(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Notes that a predictable and less volatile price path is necessary to create investment certainty for indispensable investments in hydrogen production and hydrogen infrastructure;
2023/07/20
Committee: ITRE
Amendment 56 #

2023/2123(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Underlines that the EHB should contribute to the development of the necessary preconditions of the hydrogen economy and work with competent authorities in order to establish standardised hydrogen contracts, certification schemes and guarantees of origin;
2023/07/20
Committee: ITRE
Amendment 79 #

2023/2123(INI)

Motion for a resolution
Paragraph 7
7. Asks the Commission to consider complementary mechanisms such as grants, contracts for difference and carbon contracts for difference as well as the combination of the European Hydrogen Bank’s financial support with State aid in order to help reducing the cost gap between renewable or low-carbon hydrogen and fossil energies ;
2023/07/20
Committee: ITRE
Amendment 89 #

2023/2123(INI)

Motion for a resolution
Paragraph 9
9. Stresses that the design of future auctions should restrict the sale of renewable hydrogen to hard-to-abate industries and heavy transport;deleted
2023/07/20
Committee: ITRE
Amendment 95 #

2023/2123(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Stresses that the restriction of hydrogen use only to hard-to-abate industries and heavy transport will hamper the fast ramp-up of the hydrogen market; stresses the importance of an open and market-based framework;
2023/07/20
Committee: ITRE
Amendment 101 #

2023/2123(INI)

Motion for a resolution
Paragraph 10
10. Asks the Commission to not only consider price, but also to include a clear system of bonus points for the ranking of bids; notes that such a system should reward bids that deliver the highest level of sustainability or lead to significant job creation and promote high-quality traineeships and the reskilling , increase competition in the internal market by supporting emerging companies (start-ups/SMEs) to enter the market, and/or supskilling of workersport a regionally even development of the European hydrogen market;
2023/07/20
Committee: ITRE
Amendment 134 #

2023/2123(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Stresses that some regions of the world have much better conditions for the production of renewable hydrogen due to an abundance of space and renewable electricity; stresses the mutually beneficial nature of energy partnerships with third countries; stresses the need for hydrogen diplomacy;
2023/07/20
Committee: ITRE
Amendment 138 #

2023/2123(INI)

Motion for a resolution
Paragraph 16
16. Recalls that the CBAM will apply to hydrogen; calls on the Commission to deliver a robust certification scheme for imports of renewable hydrogen, equivalent to the rules applying to domestic production; calls on the Commission to ensure that the inclusion of hydrogen in the CBAM does not lead to burdensome bureaucratic processes and therefore hinder hydrogen imports to the EU;
2023/07/20
Committee: ITRE
Amendment 178 #

2023/2123(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Expresses concern that industries are currently dealing with a patchwork of different financial support instruments for the production of hydrogen; calls on the Commission to make the EHB an one- stop-shop for the financing of hydrogen;
2023/07/20
Committee: ITRE
Amendment 181 #

2023/2123(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Notes that according to the draft design of the pilot auction, the realisation period after the funding commitment until the start of hydrogen production is set at 3.5 years with a 6 months transition period; suggests that, due to unpredictable events like long delivery times for electrolysers or permitting problems, an extension of the realisation period to at least 5 years should be considered;
2023/07/20
Committee: ITRE
Amendment 190 #

2023/2123(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Stresses that attention should be given to the creation of a robust EU market regulatory framework for hydrogen in order to establish a well- functioning market for hydrogen, which in turn supports price discovery and risk transfers;
2023/07/20
Committee: ITRE
Amendment 26 #

2023/2111(INI)

Motion for a resolution
Recital A b (new)
Ab. Whereas geothermal energy can contribute to the objectives laid out in the REPowerEU Plan, especially to increasing the production of clean energy and diversifying energy supplies;
2023/10/18
Committee: ITRE
Amendment 37 #

2023/2111(INI)

Motion for a resolution
Recital C a (new)
Ca. Whereas geothermal energy is a renewable, immediately available, stable, net-zero and local solution to decarbonise district heating networks, in line with the Energy Efficiency Directive’s definition of “efficient district heating and cooling systems”.
2023/10/18
Committee: ITRE
Amendment 53 #

2023/2111(INI)

Motion for a resolution
Paragraph 1
1. Notes that the development of technologies has broadened the area suitable for cost-efficient geothermal projects and their scope; stresses the potential of all types of geothermal energy technologies, especially low-temperature, shallow geothermal resources that are available in all Member States;
2023/10/18
Committee: ITRE
Amendment 60 #

2023/2111(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses the need to tackle public misconceptions, address concerns and increase awareness through greater stakeholder engagement and strict application of environmental standards throughout all stages of geothermal energy projects;
2023/10/18
Committee: ITRE
Amendment 63 #

2023/2111(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Highlights geothermal energy’s immediate potential to contribute to climate targets through geothermal heat connected to efficient district heating networks; underlines the need to modernise existing and build low- temperature district heating networks to enable the deployment of geothermal heat; this can support the creation of municipal heating plans and of national energy and climate plans, as required by the Energy Efficiency Directive;
2023/10/18
Committee: ITRE
Amendment 95 #

2023/2111(INI)

Motion for a resolution
Paragraph 5
5. HCalls on the European Commission to put forward a proposal for an EU geothermal strategy giving concrete guidance to Member States and local administrations to accelerate the deployment of geothermal energy technologies to decarbonise heating and contribute to the EU’s energy independence; welcomes the EU Solar Energy Strategy (COM(2022) 221 final) and its ambition for a massive, rapid deployment of renewable energy that should be mirrored when preparing the EU geothermal strategy; highlights that 151 business and industries called on the Commission in 2022 to prepare a European strategy to unlock the potential of geothermal energy;
2023/10/18
Committee: ITRE
Amendment 137 #

2023/2111(INI)

Motion for a resolution
Paragraph 8
8. Urges the Member States to explore methods of collecting different types of geological data from public and private entities with a view to organising, systematising and making it available to the public, noting the existence and benefits of using digital formats to collect and make subsurface date publicly available, which should be considered a best practice for Member States; notes that this should be achieved in compliance with confidentiality requirements and data protection rules, and, where necessary, include incentives and compensation for data sharing by private entities;
2023/10/18
Committee: ITRE
Amendment 166 #

2023/2111(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Highlights the importance of making data available to geothermal energy actors on existing district heating networks, including the level of modernisation and heat demand, across Europe; underscores that actors need this data to evaluate the potential of a region and to educate dialogues and engagement with local administration throughout the initial stages of a project;
2023/10/18
Committee: ITRE
Amendment 173 #

2023/2111(INI)

Motion for a resolution
Paragraph 12
12. Reiterates that uncertainty about subsurface resources makes it challenging to secure project funding; calls on the Member States to explore de-risking solutions appropriate to the maturity of their local markets (grants, loans that are convertible to grants, state-backed guarantees), such as granting easy access to subsurface data, sharing best practices on new types of business models enabling synergies between public and private funding, as well as the potential benefits of an EU-wide risk mitigation scheme;
2023/10/18
Committee: ITRE
Amendment 209 #

2023/2111(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Notes the differences between geothermal exploitation in urban and rural settings; draws attention to the specificity of urban geothermal heating projects and calls on Member States to develop accelerated and simplified permitting procedures for geothermal heating projects, including facilitated access to urban plots suitable for geothermal plants;
2023/10/18
Committee: ITRE
Amendment 226 #

2023/2111(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Regrets that, in contrast to other renewable technologies, a life cycle analysis is necessary for geothermal energy to be taxonomy-aligned which contradicts technology-neutral approach of the Taxonomy Regulation, minimizes the great potential of geothermal energy as a contribution to decarbonization, especially in heat supply, and exposes it to unequal competitive conditions to other renewable energy sources; calls for an equal regulatory footing with wind and solar in every respect;
2023/10/18
Committee: ITRE
Amendment 281 #

2023/2111(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Draws attention to geothermal heating’s role in the just energy transition across Europe as a source of decarbonised heating for communities with district heating networks; calls for EU, national and regional funds dedicated to the modernisation of existing networks to enable the deployment of this untapped source of heating;
2023/10/18
Committee: ITRE
Amendment 286 #

2023/2111(INI)

Motion for a resolution
Paragraph 24
24. Draws attention to the online mapping of existing geothermal installations in a given city or region as a good practice which can raise the visibility of geothermal solutions and help support public and private investment decisions;
2023/10/18
Committee: ITRE
Amendment 300 #

2023/2111(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Highlights the very limited land consumption of geothermal projects, also compared to other renewable projects, which is favourable for public acceptance;
2023/10/18
Committee: ITRE
Amendment 14 #

2023/2109(INI)

Aa. (new) whereas the EU will experience increasing demand for electricity in achieving the green transition;
2023/09/26
Committee: ITRE
Amendment 95 #

2023/2109(INI)

5. Acknowledges that SMRs have the potential to play a significant role in replacing fossil fuels as well as outdated nuclear power plants17 ; _________________ 17 https://ec.europa.eu/eusurvey/runner/Europ eanSMRPrePartnership.
2023/09/26
Committee: ITRE
Amendment 147 #

2023/2109(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. (new) Recognises the important role of nuclear energy in limiting our dependence on third countries and achieving energy security and stable energy prices within the European Union;
2023/09/26
Committee: ITRE
Amendment 269 #

2023/2109(INI)

Motion for a resolution
Paragraph 29
29. Emphasises that R&D should support all different generations of SMRs and not only focus on the needs of the first generation of SMR light water reactors, expected by the beginning of the 2030s, but should also further support fourth- generation types of reactors, the so-called ‘advanced modular reactors’;
2023/09/26
Committee: ITRE
Amendment 1 #

2023/2105(INI)

Motion for a resolution
Citation 6 a (new)
– having regard to the EU Gender Action Plan III - For making the promotion of gender equality a priority of all external policies and actions, adopted on 25 November 2020,
2023/10/18
Committee: AFET
Amendment 3 #

2023/2105(INI)

Motion for a resolution
Citation 6 b (new)
– having regard to the Joint Communication to the European Parliament and the Council EU Action Plan on Human Rights and Democracy 2020-2024,
2023/10/18
Committee: AFET
Amendment 4 #

2023/2105(INI)

Motion for a resolution
Citation 6 c (new)
– having regard to the creation of EP antennae in the EU Delegations to the United Nations in New York, to ASEAN in Jakarta and to the African Union in Addis Ababa, with the specific goal of strengthening the parliamentary dimension and enhancing cooperation with these multilateral organisations,
2023/10/18
Committee: AFET
Amendment 8 #

2023/2105(INI)

Motion for a resolution
Citation 9 a (new)
– having regard to paragraph 34 of the Declaration of the EU-CELAC Summit 2023 of 18th July 2023,
2023/10/18
Committee: AFET
Amendment 12 #

2023/2105(INI)

Motion for a resolution
Recital B
B. whereas Parliament scrutinises and discusses the conduct of EU external affairs, in particular through the work of its Committee on Foreign Affairs and its two subcommittees on Human Rights and on Security and Defence, as well as through itsthe Committees on International Trade and on Development; as well as through standing delegations and multilateral assemblies;
2023/10/18
Committee: AFET
Amendment 29 #

2023/2105(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas the Declaration of the EU-CELAC Summit 2023 recognised that parliamentary diplomacy is an important dimension of the relationship between regions and commended the constructive role played by the Euro-Latin American Parliamentary Assembly (EuroLat) and the ACP-EU Joint Parliamentary Assembly;
2023/10/18
Committee: AFET
Amendment 32 #

2023/2105(INI)

Motion for a resolution
Recital D
D. whereas Parliament engages with elected officials and diplomats, as well as civil society representatives, including those at risk or who suffer specific forms of violence such as women, children, LGBTIQ+ people, and ethnic, religious or cultural minorities, and other stakeholders from non-EU countries and multilateral institutions on a continuous basis, in particular through the work of its delegations and committees, including through holding hearings, adopting joint reports and resolutions, and country visits;
2023/10/18
Committee: AFET
Amendment 61 #

2023/2105(INI)

Motion for a resolution
Paragraph 3
3. Regrets the fact that despite its distinctive contribution to the achievement of EU foreign policy goals, Parliament has yet to be fully recognised by the Commission, the Council and the EEAS as an integral player within the ‘Team Europe’ approach; underlines the need to enhance the added value of the parliamentary diplomacy;
2023/10/18
Committee: AFET
Amendment 70 #

2023/2105(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Deplores the negative perception of the parliamentary diplomacy by some authoritarian and illiberal regimes and regrets the decision of some of them to ban the entry of EP delegations in their countries, including by those having agreements with the EU;
2023/10/18
Committee: AFET
Amendment 74 #

2023/2105(INI)

Motion for a resolution
Paragraph 5
5. Highlights Parliament’s specific, dynamic and public contribution to the EU’s foreign and security policy through the work of its committees working on external affairs, which contribute to relations with non-EU countries and, international organisations; as well as civil society representatives.
2023/10/18
Committee: AFET
Amendment 79 #

2023/2105(INI)

Motion for a resolution
Paragraph 6
6. Notes that, under the overall oversight of the Committee on Foreign Affairs, standing delegations complement the work of the committees by establishing a regular and sustained forum for political dialogue with non-EU countries, elected officials and diplomats, as well as civil society representatives, including through joint parliamentary bodies and multilateral assemblies;
2023/10/18
Committee: AFET
Amendment 81 #

2023/2105(INI)

Motion for a resolution
Paragraph 7
7. Highlights that the standing delegations play a key role as a relay between Parliament and its partners around the world, facilitating interaction, debating positions and policies of common interest, and also listening to partners and, conveying their views to the competent bodies within Parliament, gathering and systematically providing material to committees and EP bodies on human rights, the protection of minorities and the promotion of democratic values at a global level;
2023/10/18
Committee: AFET
Amendment 100 #

2023/2105(INI)

Motion for a resolution
Paragraph 9
9. Believes that the political dialogue carried out by Parliament with governmental, parliamentary and civil society actors across the world contributes to promoting EU views and values on global standards in areas such as universality of human rights, climate and energy diplomacy, gender equality, connectivity, artificial intelligence and digital and technological policies; and the support to the rules based multilateralism.
2023/10/18
Committee: AFET
Amendment 111 #

2023/2105(INI)

Motion for a resolution
Paragraph 10
10. Stresses the consistent dedication of Parliament to placing human rights and democracy at the heart of EU external action and providing a key forum in which to hear and amplify the voice of civil society and democratic actors from around the world; points out the role of the parliament in denouncing human rights violations and in particular defending and giving the voice to those whose rights have been violated or are particularly at risk, such as women, children, LGBTIQ+ people, ethnic and religious minorities; notes that the public or silent actions taken by Parliament have several times been decisive for their wellbeing;
2023/10/18
Committee: AFET
Amendment 122 #

2023/2105(INI)

Motion for a resolution
Paragraph 11
11. Underlines the importance and unique nature of Parliament’s democracy support programmes; highlights the important role of Parliament in EU Election Observation Missions;
2023/10/18
Committee: AFET
Amendment 137 #

2023/2105(INI)

Motion for a resolution
Paragraph 16
16. Stresses that Parliament’s oversight function and power to monitor the negotiation and implementation of international agreements grants it a critical role in shaping the Union’s engagement with third countries and its overall action in the international arena; and enables the EU to further gender mainstreaming and climate diplomacy in international relations; supports the setting of joint parliamentary committees issued by the association agreements the EU signs with third countries and emphasizes their role as a tool to oversight and scrutinise such agreements from a parliamentary perspective;
2023/10/18
Committee: AFET
Amendment 156 #

2023/2105(INI)

Motion for a resolution
Paragraph 20
20. Takes the view that, in the context of backsliding in terms of respect for human rights and democracy worldwide, Parliament has a specific role to play in helping democratically elected parliaments globally to consolidate their institutional role and internal working methods among others through capacity building and/or mediation initiatives;
2023/10/18
Committee: AFET
Amendment 178 #

2023/2105(INI)

Motion for a resolution
Paragraph 23
23. Stresses that the wide interparliamentary network which Parliament has developed through its standing delegations and multilateral assemblies offers a prime vehicle to discuss and coordinate positions with international partners in multilateral forums, for example in relation to UN resolutions, climate diplomacy or positions at the G20, gender mainstreaming, positions at the G20, electoral observation missions, as well as to clarify the intentions of the EU to partners and promote its actions;
2023/10/18
Committee: AFET
Amendment 179 #

2023/2105(INI)

Motion for a resolution
Paragraph 23
23. Stresses that the wide interparliamentary network which Parliament has developed through its standing delegations offers a prime vehicle to discuss and coordinate positions with international partners in multilateral forums, for example in relation to UN resolutions, climate diplomacy or positions at the G20, as well as to clarify the intentions of the EU to partners and promote its actions; highlights the important contribution of Parliament to the work of multilateral fora through its involvement in, inter alia, Parliamentary summits of the G7 and the G20, and in meetings of the Interparliamentary Union;
2023/10/18
Committee: AFET
Amendment 183 #

2023/2105(INI)

Motion for a resolution
Paragraph 23 b (new)
23b. Stresses the importance of the parliamentary dimension of EU-United Nations, EU-ASEAN and EU-African Union relations and, in particular, of an enhanced cooperation between the European Parliament and the respective regional parliaments; welcomes the creation of the EP antennae in the EU delegations in New York, in Jakarta and in Addis Ababa; calls on the EEAS to step up the support given to the EP antennae by the EU delegations;
2023/10/18
Committee: AFET
Amendment 185 #

2023/2105(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Highlights the role of the European Parliament in globally advancing gender equality in the EU’s external action; points out the importance of parliamentarians in promoting gender sensitiveness in our external relations via awareness raising, capacity building and sharing of good practices including, but not limited, to the added-value of ensuring gender-balanced parliaments and a gender perspective in the functioning of parliamentary bodies; calls on the European Parliament to further strengthen this relevant dimension of its parliamentary diplomacy in its interactions with partner countries;
2023/10/18
Committee: AFET
Amendment 188 #

2023/2105(INI)

Motion for a resolution
Paragraph 23 c (new)
23c. Underlines Parliament’s work of advocacy for the ratification and implementation of relevant UN conventions and optional protocols such as the Convention on Preventing and Combating Violence against Women and Domestic Violence and the Paris Agreement;
2023/10/18
Committee: AFET
Amendment 196 #

2023/2105(INI)

Motion for a resolution
Paragraph 26
26. Reiterates its call for more strategic coordination between EU institutions in relation to urgent individual cases which involve human rights defenders (HRD) cas, journalists, or members of particularly vulnerable groups, such as women, children, LGTBIQ+ people, ethnic and religious minorities; is convinced that parliamentary diplomacy may prove an effective and complementary mechanism for engaging with non-EU countries on such cases;
2023/10/18
Committee: AFET
Amendment 41 #

2023/2077(INI)

Motion for a resolution
Paragraph 3
3. Stresses that additional public and private investment will be needed to face new challenges; underlines that a European Sovereignty Fund financed by additional fresh money will address the fragmentation of the internal market, support the EU’s industrial strategy, reduce our critical dependencies and ensure our open strategic autonomy;
2023/11/07
Committee: ECON
Amendment 148 #

2023/0323(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. In commercial transactions, the payment period fixed in the contract shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. A longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
2023/12/18
Committee: IMCO
Amendment 168 #

2023/0323(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.deleted
2023/12/18
Committee: IMCO
Amendment 182 #

2023/0323(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. Where the contract provides for a procedure of acceptance or verification, in accordanby which the conformity of the goods or services with paragraph 2the contract is to be ascertained, the maximum duration of that procedure shall not exceed 30 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for payment. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. The payment period shall not exceed 30 calendar daysA longer period may only be agreed expressly and provided it is not grossly unfair to the creditor. The payment period shall begin to run after such procedure has taken place.
2023/12/18
Committee: IMCO
Amendment 207 #

2023/0323(COD)

Proposal for a regulation
Article 4
Article 4 Payments to subcontractors in public procurement 1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that, where applicable, they have paid their direct subcontractors involved in the execution of the contract within the deadlines and under the conditions set out in this Regulation. The evidence may take the form of a written declaration by the contractor and shall be provided by the contractor to the contracting authority or contracting entity prior to, or at the latest together with, any request for payment. 2. Where the contracting authority or contracting entity has not received the evidence as provided for in paragraph 1 or has information of a late payment by the main contractor to its direct subcontractors, the contracting authority or contracting entity shall notify the enforcement authority of its Member State thereof without delay. __________________ 56 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC.deleted
2023/12/18
Committee: IMCO
Amendment 241 #

2023/0323(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. ItA debtor shall not be possible forrequest the creditor to waive its right to obtain interest for late payment as a precondition for making payments.
2023/12/15
Committee: IMCO
Amendment 263 #

2023/0323(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. ItA debtor shall not be possible forrequest the creditor to waive its right to obtain the flat fee compensation laid down in paragraph 1 as a precondition for making payments.
2023/12/15
Committee: IMCO
Amendment 308 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. Each Member State shall designate one or more authorities responsible for thensure adequate and effective enforcement of this Regulation (‘enforcement authority’).
2023/12/15
Committee: IMCO
Amendment 309 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a. Member States shall lay down rules setting out the measures applicable to infringements of this Regulation and shall ensure that they are implemented. The measures provided for shall be effective, proportionate and dissuasive.
2023/12/15
Committee: IMCO
Amendment 317 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Where appropriate, enforcement authorities shall take measures necessary to ensure that the deadlines for payments are complied with.deleted
2023/12/15
Committee: IMCO
Amendment 323 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Enforcement authorities shall cooperate effectively with each other and with the Commission and shall provide each other with mutual assistance in investigations that have a cross-border dimension.deleted
2023/12/15
Committee: IMCO
Amendment 328 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 4
4. Enforcement authorities shall coordinate their activities with other authorities responsible for enforcing other Union or national legislation including through exchange of information obligations.deleted
2023/12/15
Committee: IMCO
Amendment 332 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 5
5. Enforcement authorities shall forward the complaints received regarding late payments in the agricultural and food sector to the competent enforcement authorities under Directive (EU) 2019/633.deleted
2023/12/15
Committee: IMCO
Amendment 338 #

2023/0323(COD)

Proposal for a regulation
Article 14
Article 14 Powers of enforcement authorities 1. Enforcement authorities shall have the necessary resources and expertise to perform their duties, and shall have the following powers: (a) the power to initiate and conduct investigations on their own initiative or based on a complaint; (b) the power to require creditors and debtors to provide all necessary information to conduct investigations related to late payments in commercial transactions; (c) the power to carry out unannounced on-site inspections within the framework of their investigations; (d) the power to take decisions finding an infringement of this Regulation and requiring the debtor to pay interest for late payment as provided for in Article 5 or requiring the debtor to compensate the creditor as provided for in Article 8; (e) the power to impose, or initiate proceedings for the imposition of fines and other penalties and interim measures on the subjects responsible for the infringement; (f) the power to require the debtor to bring the infringement to an end; (g) the power to publish its decisions referred to in paragraphs (d), (e) and (f). 2. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 3. Member States shall, [by …/without delay], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.deleted
2023/12/15
Committee: IMCO
Amendment 356 #

2023/0323(COD)

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

2023/0264(BUD)

Draft opinion
Recital A
A. whereas the growing instability and the rise of unprecedented challenges in the immediate European neighbourhood and the international environment increases the demands on the Union to act;
2023/07/20
Committee: AFET
Amendment 4 #

2023/0264(BUD)

Draft opinion
Recital B
B. whereas the Union must continue to support Ukraine including military support and respond to other urgent global needs as they evolve; whereas it is of outmost importance to continue demining Ukraine as there will be no sustainable reconstruction without it;
2023/07/20
Committee: AFET
Amendment 6 #

2023/0264(BUD)

Draft opinion
Recital B a (new)
Ba. whereas the European Union must continue to ensure access to education for children and young people in regions affected by conflicts and crises, and to continuously call for the lifting of bans on women and girls' access to education and full participation in public life in Afghanistan;
2023/07/20
Committee: AFET
Amendment 8 #

2023/0264(BUD)

Draft opinion
Paragraph 2
2. Strongly believes that a revision of the MFF is needed to make the Union budget fit for purpose in order to address global challenges; highlights that sufficient funding is key to the EU’s credibility as a stronger, more assertive, and more strategic actor on the world stage; welcomes therefore the Commission proposal for a revision presented on 20 June, believes however that an even stronger increase in Heading 6 would be needed to address the various challenges in the neighbourhood and beyond; strongly believes that external action funding is crucial for the EU’s stability and security amid Russian aggression in Ukraine and malign influence in the neighborhood and beyond, therefore views it as imperative that the EU maintains its current presence as a stabilizing power; calls on the Council to agree on a revision of the MFF before the end of the year so that it can have an impact on the 2024 budget; furthermore calls on the Commission to present as soon as possible a detailed breakdown per budget line regarding the suggested increases for 2024 of EUR 2.331 million (in 2018 prices) in order for the budgetary authority to make full use of the additional funds in Heading 6;
2023/07/20
Committee: AFET
Amendment 9 #

2023/0264(BUD)

Draft opinion
Paragraph 2
2. Strongly believes that a revision of the MFF is needed to make the Union budget fit for purpose in order to address global challenges, among which European defence; welcomes therefore the Commission proposal for a revision presented on 20 June, believes however that an even stronger increase in Heading 6 would be needed to address the various challenges in the neighbourhood and beyond; calls on the Council to agree on a revision of the MFF before the end of the year so that it can have an impact on the 2024 budget; furthermore calls on the Commission to present as soon as possible a detailed breakdown per budget line regarding the suggested increases for 2024 of EUR 2.331 million (in 2018 prices) in order for the budgetary authority to make full use of the additional funds in Heading 6;
2023/07/20
Committee: AFET
Amendment 17 #

2023/0264(BUD)

Draft opinion
Paragraph 4
4. Continues to see the Western Balkans integration as a geopolitical priority; welcomes furthermore the accession perspective for Ukraine and Moldova, insists however that additional funding is needed to support both countries on their path to accession; calls for the strengthening of rule of law conditionality in all funding streams linked to accession procedures, particularly in the Western Balkans; calls for reinforced monitoring and reporting regarding rule of law reforms;
2023/07/20
Committee: AFET
Amendment 18 #

2023/0264(BUD)

Draft opinion
Paragraph 4
4. Continues to see the Western Balkans integration as a geopolitical priority; welcomes furthermore the accession perspective for Ukraine and Moldova, insists however that additional funding is needed to support both countries on their path to accession; calls for continuous support for the Belarusian democratic forces, for increased support for Georgian civil society and independent media, and for peace-building activities between Armenian and Azerbaijani societies;
2023/07/20
Committee: AFET
Amendment 24 #

2023/0264(BUD)

Draft opinion
Paragraph 4 a (new)
4a. Calls for greater support for independent media fighting Russian disinformation and propaganda, in particular media in the national languages of the Eastern Partnership countries, Russian-language media inside and outside Russia, as well as media in the Western Balkans and in the African countries where the Wagner Group is active;
2023/07/20
Committee: AFET
Amendment 29 #

2023/0264(BUD)

Draft opinion
Paragraph 5
5. Believes that funding of projects focussing on women and girls in conflict and crisis-affected areas, including on gender-based violence, conflict prevention, rebuilding and empowering of women, is insufficient and should be strengthened throughout all geographical regions in the budget; calls for the rights of Afghan women and girls to be further strengthened and, most importantly, for them to have access to secondary and university education, including through EU scholarships to study at schools and universities in EU Member States;
2023/07/20
Committee: AFET
Amendment 30 #

2023/0264(BUD)

Draft opinion
Paragraph 5
5. Believes that funding of projects focussing on women and girls in conflict areas, including on gender-based violence, conflict prevention, rebuilding and empowering of women, is insufficient and should be strengthened throughout all geographical regions in the budget; believes in particular that projects aiming at actively countering disinformation, in particular on these issues, can further strengthen EU actions and help establish long-term stability;
2023/07/20
Committee: AFET
Amendment 31 #

2023/0264(BUD)

Draft opinion
Paragraph 5
5. Believes that funding of projects focussing on women and girls in conflict areas, including on gender-based violence, conflict prevention, rebuilding and empowering of women, is insufficient and should be strengthened throughout all geographical regions in the budget with meaningful stakeholder involvement throughout the funding process;
2023/07/20
Committee: AFET
Amendment 40 #

2023/0264(BUD)

Draft opinion
Paragraph 6 a (new)
6a. Calls for special attention to be paid to nuclear safety and disaster preparedness in the light of Russia's war of aggression in Ukraine and concerns about the safety of the Zaporizhzhia Nuclear Power Plant (NPP), as well as the Lukashenka regime's continued failure to ensure the nuclear safety of the Belarusian NPP in Astravyets;
2023/07/20
Committee: AFET
Amendment 45 #

2023/0264(BUD)

Draft opinion
Paragraph 7 a (new)
7a. Calls on the Commission to ensure that there is no direct or indirect funding of foreign associations that run counter to European values;
2023/07/20
Committee: AFET
Amendment 545 #

2023/0210(COD)

Proposal for a regulation
Article 92 – paragraph 1
1. Without prejudice to cases covered by national criminal or taxation law, all persons who work or who have worked for competent authorities, and any experts acting on behalf of the competent authorities, shall be bound by the obligation of professional secrecy regarding the information related to investigations conducted by the competent authorities.
2023/12/04
Committee: ECON
Amendment 546 #

2023/0210(COD)

Proposal for a regulation
Article 93 – paragraph 4
4. The authorities from other sectors concerned, referred to in paragraph 3, shall cooperate with competent authorities for the effective enforcement of administrative sanctions and administrative measures. Article 92(1) shall not preclude the exchange of information between competent authorities and tax authorities in the same Member State. Where the information originates in another Member State, it shall only be disclosed in accordance with the first sentence of this subparagraph with the express agreement of the competent authorities which have disclosed it.
2023/12/04
Committee: ECON
Amendment 80 #

2023/0199(COD)

Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Strategic Technologies for Europe Platform (‘STEP’) and amending Directive 2003/87/EC, Regulations (EU) 2021/1058, (EU) 2021/1056, (EU) 2021/1057, (EU) No 1303/2013, (EU) No 223/2014, (EU) No 2018/1046, (EU) 2021/1060, (EU) 2021/523, (EU) 2021/695, (EU) 2021/697 and (EU) 2021/241
2023/09/08
Committee: BUDGITRE
Amendment 81 #

2023/0199(COD)

Proposal for a regulation
Recital 2
(2) The EU industry has proven its inbuilt resilience but is being challenged. High inflation, labour shortages, post- COVID supply chains disruptions, the Russian war in Ukraine, rising interest rates, and spikes in energy costs and input prices are weighing on the competitiveness of the EU industry. and have put forward the need for the Union to secure its open strategic autonomy and reduce its dependence on non-EU countries. Several strategic dependencies have already been identified in the energy intensive industries, health and digital ecosystems.39a This is paired with strong, but not always fair, competition on the fragmented global market. The EU has already put forward several initiatives to support its industry, such as the Green Deal Industrial Plan,40 the Critical Raw Materials Act41 , the Net Zero Industry Act42 , the new Temporary Crisis and Transition Framework for State aid,43 and REPowerEU.44 While these solutions provide fast and targeted support, the EU needs a more structural answer to the investment needs of its industries, safeguarding cohesion and the level playing field in the Single Market and to reduce the EU’s strategic dependencies. _________________ 39a Commission Staff Working document on Strategic dependencies and capacities (SWD(2021)352) and Commission Staff Working Document on EU strategic dependencies and capacities: second stage of in-depth reviews (SWD(2022) 41) 40 Communication on A Green Deal Industrial Plan for the Net-Zero Age, COM(2023) 62 final. 41 COM(2023) 160 final 42 COM(2023) 161 final 43 Communication on a Temporary Crisis and Transition Framework for State Aid measures (OJ C 101, 17.3.2023, p. 3). 44 Regulation (EU) 2023/435 as regards REPowerEU (OJ L 63, 28.2.2023, p. 1).
2023/09/08
Committee: BUDGITRE
Amendment 84 #

2023/0199(COD)

Proposal for a regulation
Recital 2
(2) The EU industry has proven its inbuilt resilience but is being challenged. High inflation, labour shortages, post- COVID supply chains disruptions, rising interest rates, and spikes in energy costs and input prices are weighing on the competitiveness of the EU industry. This is paired with strong, but not always fair, competition on the fragmented global market. The EU has already put forward several initiatives to support its industry, such as the Green Deal Industrial Plan,40 the Critical Raw Materials Act41 , the Net Zero Industry Act42 , the new Temporary Crisis and Transition Framework for State aid,43 and REPowerEU.44 While these solutions provide fast and targeted support, the EU needs a more structural answer to the investment needs of its industries, safeguarding cohesion and the level playing field in the Single Market and to reduce the EU’s strategic dependencies. The adaptation of new, different state aid frameworks has facilitated the potential allocation of substantial volumes of state aid. Under more adverse circumstances, this situation possesses the capacity to undermine the efficacy of the internal market. _________________ 40 Communication on A Green Deal Industrial Plan for the Net-Zero Age, COM(2023) 62 final. 41 COM(2023) 160 final 42 COM(2023) 161 final 43 Communication on a Temporary Crisis and Transition Framework for State Aid measures (OJ C 101, 17.3.2023, p. 3). 44 Regulation (EU) 2023/435 as regards REPowerEU (OJ L 63, 28.2.2023, p. 1).
2023/09/08
Committee: BUDGITRE
Amendment 91 #

2023/0199(COD)

Proposal for a regulation
Recital 3
(3) The uptake and scaling up in the Union of deep and digital technologies, clean technologies, and biotechnologies will be essential to reduce the Union’s strategic dependencies, seize the opportunities and meet the objectives of the green and digital transitions, thus securing the sovereignty and strategic autonomy of the Union and promoting the competitiveness of the European industry and its sustainability. Therefore, immediate action is required to support the development or manufacturing in the Union of such technologies, safeguarding and strengthening their value chains thereby reducing the Union’s strategic dependencies, and addressing existing labour and skills shortages in those sectors through trainings and apprenticeships and the creation of attractive, quality jobs accessible to all.
2023/09/08
Committee: BUDGITRE
Amendment 98 #

2023/0199(COD)

Proposal for a regulation
Recital 4
(4) There is a need to support critical technologies in the following fields: deep and digital technologies, clean technologies, and biotechnologies (including the respective critical raw materials value chains), in particular projects, companies and sectors with a critical role for EU’s competitiveness and resilience and its value chains. By way of example, deep technologies and digital technologies should include microelectronics, high-performance computing, quantum technologies (i.e., computing, communication and sensing technologies), cloud computing, edge computing, and artificial intelligence, cybersecurity technologies, robotics, 5G and advanced and secure connectivity and virtual realities, including actions related toincluding 5G and satellite-based connectivity, and actions related to virtual realities, deep and digital technologies for the development of defence and aerospace applications. Clean technologies should include, among others, renewable energy; electricity and heat storage; heat pumps; electricity grid; renewable fuels of non- biological origin; sustainable alternative fuels; electrolysers and fuel cells; carbon capture, utilisation and storage; energy efficiency; hydrogen and its related infrastructure; smart energy solutions; technologies vital to sustainability such as water purification and desalination; advanced materials such as nanomaterials, composites and future clean construction materials, and technologies for the sustainable extraction and processing of critical raw materials. BThe health ecosystem, in particular biotechnology should be considered to include technologies such as biomolecules and its applications, pharmaceuticals and medical technologies vital for health security, including active pharmaceutical ingredients, medicine and vaccine production, crop biotechnology, and industrial biotechnology, such as for waste disposal, and biomanufacturing. The Commission may issue guidance to further specify the scope of the technologies in these three fields considered to be critical in accordance with this Regulation, in order to promote a common interpretation of the projects, companies and sectors to be supported under the respective programmes in light of the common strategic objective of reducing critical dependencies. Moreover, technologies in any of these three fields which are subjects of an Important Project of Common European Interest (IPCEI) approved by the Commission pursuant to Article 107(3), point (b) TFEU should be deemed to be critical, and individual projects within the scope of such an IPCEI should be eligible for funding, in accordance with the respective programme rules, to the extent that the identified funding gap and the eligible costs have not yet been completely covered.
2023/09/08
Committee: BUDGITRE
Amendment 104 #

2023/0199(COD)

Proposal for a regulation
Recital 4
(4) There is a need to support critical technologies in the following fields: deep and digital technologies, clean technologies, and biotechnologies (including the respective critical raw materials value chains), in particular projects, companies and sectors with a critical role for EU’s competitiveness and resilience and its value chains. By way of example, deep technologies and digital technologies should include microelectronics, high-performance computing, quantum technologies (i.e., computing, communication and sensing technologies), cloud computing, edge computing, and artificial intelligence, cybersecurity technologies, robotics, 5G and advanced connectivity and virtual realities, including actions related to deep and digital technologies for the development of defence and aerospace applications. Clean technologies should include, among others, renewable energy; electricity and heat storage; heat pumps; electricity grid; renewable fuels of non- biological origin; sustainable alternative fuels; electrolysers and fuel cells; carbon capture, utilisation and storage; energy efficiency; hydrogen and its related infrastructure; smart energy solutions; technologies vital to sustainability such as water purification and desalination; advanced materials such as nanomaterials, composites and future clean construction materials, and technologies for the sustainable extraction and processing of critical raw materials, including sustainable recovery, recycling and other processing. Biotechnology should be considered to include technologies such as biomolecules and its applications, pharmaceuticals and medical technologies vital for health security, crop biotechnology, and industrial biotechnology, such as for waste disposal, and biomanufacturing. The Commission may issue guidance to further specify the scope of the technologies in these three fields considered to be critical in accordance with this Regulation, in order to promote a common interpretation of the projects, companies and sectors to be supported under the respective programmes in light of the common strategic objective. Moreover, technologies in any of these three fields which are subjects of an Important Project of Common European Interest (IPCEI) approved by the Commission pursuant to Article 107(3), point (b) TFEU should be deemed to be critical, and individual projects within the scope of such an IPCEI should be eligible for funding, in accordance with the respective programme rules, to the extent that the identified funding gap and the eligible costs have not yet been completely covered.
2023/09/08
Committee: BUDGITRE
Amendment 109 #

2023/0199(COD)

Proposal for a regulation
Recital 4
(4) There is a need to support critical technologies in the following fields: deep and digital technologies, clean technologies, and biotechnologies (including the respective critical raw materials value chains), in particular projects, companies and sectors with a critical role for EU’s competitiveness and resilience and its value chains. By way of example, deep technologies and digital technologies should include microelectronics, high-performance computing, quantum technologies (i.e., computing, communication and sensing technologies), cloud computing, edge computing, and artificial intelligence, cybersecurity technologies, robotics, 5G and, 6G and other advanced connectivity and virtual realities, including actions related to deep and digital technologies for the development of defence and aerospace applications. Clean technologies should include, among others, renewable energy; electricity and heat storage; heat pumps; electricity grid; renewable fuels of non- biological origin; sustainable alternative fuels; electrolysers and fuel cells; carbon capture, utilisation and storage; energy efficiency; hydrogen and its related infrastructure; smart energy solutions; technologies vital to sustainability such as water purification and desalination; advanced materials such as nanomaterials, composites and future clean construction materials, and technologies for the sustainable extraction and processing of critical raw materials. Biotechnology should be considered to include technologies such as biomolecules and its applications, pharmaceuticals and medical technologies vital for health security, crop biotechnology, and industrial biotechnology, such as for waste disposal, and biomanufacturing. The Commission may issue guidance to further specify the scope of the technologies in these three fields considered to be critical in accordance with this Regulation, in order to promote a common interpretation of the projects, companies and sectors to be supported under the respective programmes in light of the common strategic objective. Moreover, technologies in any of these three fields which are subjects of an Important Project of Common European Interest (IPCEI) approved by the Commission pursuant to Article 107(3), point (b) TFEU should be deemed to be critical, and individual projects within the scope of such an IPCEI should be eligible for funding, in accordance with the respective programme rules, to the extent that the identified funding gap and the eligible costs have not yet been completely covered.
2023/09/08
Committee: BUDGITRE
Amendment 118 #

2023/0199(COD)

Proposal for a regulation
Recital 6
(6) The scale of investments needed for the transition require a full mobilisation of funding available under existing EU programmes and funds, inclusive those granting a budgetary guarantee for financing and investment operations and implementation of financial instruments and blending operations. Such funding should be deployed in a more flexible manner, to provide timely and targeted support for critical technologies that reduce the Union dependency in strategic sectors. Therefore, a Strategic Technologies for Europe Platform (‘STEP’) should give a structural answer to the Union investment needs by helping to better channel the existing EU funds towards critical investments aimed at supporting the development or manufacturing of such critical technologies, while preserving a level playing field in the Single Market, thereby preserving cohesion and aiming at a geographically balanced distribution of projects financed under the STEP in accordance with the respective programme mandates.
2023/09/08
Committee: BUDGITRE
Amendment 135 #

2023/0199(COD)

Proposal for a regulation
Recital 10
(10) A new publicly available website (the ‘Sovereignty Portal’) should be set up by the Commission to provide information on available support to companies and project promoters seeking funds for STEP investments. To that end, it shouldunder EU funding programmes. This Sovereignty Portal should bring EU funding opportunities closer to the citizens and businesses. For this purpose, the Portal should become a single and common online platform, where all available EU funding opportunities are displayed in an comprehensive, accessible and user- friendly manner the funding opportunities for STEP investments availabl. It seeks to solve an existing market failure, namely an asymmetry of information problem, that hampers the effective uander the EU budget. This efficient implementation of EU funds. This Portal should include information about directly managed programmes, such asincluding but not limited to Horizon Europe, the Digital Europe programme, the EU4Health programme, and the Innovation Fund, and also other programmes under shared or indirect management, such as InvestEU, the RRF, and cohesion policy funds. The Sovereignty Portal should also include a self-assessment tool and information on any open calls as a means to facilitate access to EU funding. The Sovereignty Portal shall display a list of programmes that have been awarded funds under any EU funding programme. Moreover, the Sovereignty Portal should help increase the visibility for STEP investments towards investors, by listing the projects that have been awarded a Sovereignty Seal. The Portal should also list the national competent authorities responsible for acting as contact points for the implementation of the STEP at national level. The Commission should ensure that already existing Portals (such as, the InvestEU Portal) cease to exist once they have been integrated in the common Sovereignty Portal.
2023/09/08
Committee: BUDGITRE
Amendment 136 #

2023/0199(COD)

Proposal for a regulation
Recital 10
(10) A new publicly available website (the ‘Sovereignty Portal’) should be set up by the Commission to provide information on available support to companies and project promoters seeking funds for STEP investments. To that end, it should display in an accessible and user-friendly manner the funding opportunities for STEP investments available under the EU budget. This should include information about directly managed programmes, such as Horizon Europe, the Digital Europe programme, the EU4Health programme, and the Innovation Fund, and also other programmes such as InvestEU, the RRF, and cohesion policy funds. Moreover, the Sovereignty Portal should help increase the visibility for STEP investments towards investors, by listing the projects that have been awarded a Sovereignty Seal. The Portal should also list the national competent authorities responsible for acting as contact points for the implementation of the STEP at national level. The Commission should ensure the complementarity of the Portal with other similar platforms, including the NZIA Platform, and avoid red tape and administrative burden thereof.
2023/09/08
Committee: BUDGITRE
Amendment 139 #

2023/0199(COD)

Proposal for a regulation
Recital 11
(11) While the STEP relies on the reprogramming and reinforcement of existing programmes for supporting strategic investments, it is also an important element for testing the feasibility and preparation of new interventions as a step towards a European Sovereignty Fund. The evaluation in 2025 will assess the relevance of the actions undertaken and serve as basis for assessing the need for an upscaling of the support towards strategic sectors.deleted
2023/09/08
Committee: BUDGITRE
Amendment 163 #

2023/0199(COD)

Proposal for a regulation
Recital 16
(16) In order to help accelerate investments and provide immediate liquidity for investments supporting the STEP objectives under the ERDF, the ESF+59 and the JTF, an additional amount of exceptional pre-financing should be provided in the form of a one-off payment with respect to the priorities dedicated to investments supporting the STEP objectives. The additional pre-financing should apply to the whole of the JTF allocation given the need to accelerate its implementation and the strong links of the JTF to support Member States towards the STEP objectives. The rules applying for those amounts of exceptional pre-financing should be consistent with the rules applicable to pre-financing set out in Regulation (EU) 2021/1060. Moreover, to further incentivise the uptake of such investments and ensure its faster implementation, the possibility for an increased EU financing rate of 100% for the STEP priorities should be available. When implementing the new STEP objectives, managing authorities are encouraged to apply certain social criteria or promote social positive outcomes, such as creating apprenticeships and jobs for young disadvantaged persons, in particular young persons not in employment, education or training, applying the social award criteria in the Directives on public procurement when a project is implemented by a body subject to public procurement, and paying the applicable wages as agreed through collective bargaining. _________________ 59 Regulation (EU) 2021/1057 establishing the European Social Fund Plus (ESF+) (OJ L 231, 30.6.2021, p. 21).
2023/09/08
Committee: BUDGITRE
Amendment 164 #

2023/0199(COD)

Proposal for a regulation
Recital 16
(16) In order to help accelerate investments and provide immediate liquidity for investments supporting the STEP objectives under the ERDF, the ESF+59 and the JTF, an additional amount of exceptional pre-financing should be provided in the form of a one-off payment with respect to the priorities dedicated to investments supporting the STEP objectives. The additional pre-financing should apply to the whole of the JTF allocation given the need to accelerate its implementation and the strong links of the JTF to support Member States towards the STEP objectives. The rules applying for those amounts of exceptional pre-financing should be consistent with the rules applicable to pre-financing set out in Regulation (EU) 2021/1060. In the allocation of JTF funding, it is advisable to consider the ramifications of various apportionment strategies on the debt servicing expenses associated with the financing derived from the Next Generation EU initiative. Moreover, to further incentivise the uptake of such investments and ensure its faster implementation, the possibility for an increased EU financing rate of 100% for the STEP priorities should be available. When implementing the new STEP objectives, managing authorities are encouraged to apply certain social criteria or promote social positive outcomes, such as creating apprenticeships and jobs for young disadvantaged persons, in particular young persons not in employment, education or training, applying the social award criteria in the Directives on public procurement when a project is implemented by a body subject to public procurement, and paying the applicable wages as agreed through collective bargaining. _________________ 59 Regulation (EU) 2021/1057 establishing the European Social Fund Plus (ESF+) (OJ L 231, 30.6.2021, p. 21).
2023/09/08
Committee: BUDGITRE
Amendment 167 #

2023/0199(COD)

Proposal for a regulation
Recital 18
(18) The regulatory framework for the implementation of the 2014-2020 programmes has been adapted over the past years to provide Member States and regions with additional with additional flexibility in terms of implementation rules and more liquidity to tackle the effects of the COVID-19 pandemic and the war or aggression against Ukraine. These measures, introduced at the end of the programming period, require sufficient time and administrative resources to be fully exploited and implemented; also at a time where Member States will focus resources on revising the 2021-2027 operational programmes linked to the STEP objectives. With a view to alleviate the administrative burden on programme authorities and to prevent possible loss of funds at closure for purely administrative reasons, the deadlines for the administrative closure of the programmes under the 2014-2020 period should be extended in Regulation (EU) No 1303/201361 and Regulation (EU) No 223/201462 . More specifically, the deadline for the submission of that final payment application should be extended by 12 months. Furthermore, the deadline for the submission of the closure documents should also be extended by 12 months. In the context of this amendment, it is appropriate to clarify that distribution of food and material bought until the end of the eligibility period (end-2023) may continue after that date. In order to ensure a sound implementation of the EU budget and respect for the payment ceilings, payments to be made in 2025 should be capped at 1 % of the financial appropriations from resources under the Multiannual Financial Framework per programme. Amounts due exceeding the ceiling of 1% of programme appropriations per fund for 2025 would not be paid in 2025 nor in subsequent years but only used for the clearance of pre-financing. Unused amounts shall be decommitted in accordance with the general rules for decommitment at closure. _________________ 61 Regulation (EU) 1303/2013 laying down common provisions (OJ L 347, 20.12.2013, p. 320). 62 Regulation (EU) 223/2014 on the Fund for European Aid on the Most Deprived (OJ L 72, 12.3.2014, p. 1).deleted
2023/09/08
Committee: BUDGITRE
Amendment 169 #

2023/0199(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) The regulatory framework for the implementation of the 2014-2020 programmes has been adapted over the past years to provide Member States and regions with additional flexibility in terms of implementation rules and more liquidity to tackle the effects of the COVID-19 pandemic and the war or aggression against Ukraine. Nevertheless, the additional flexibility has not helped to fully prevent the possibility of decommitments due to non- implementation. Therefore, the final decommitments made in Regulation (EU) No 1303/2013 and Regulation (EU) No 223/2014 should be made available again to finance the additional funding for this Regulation, with the according adaption of Regulation (EU, Euratom) No 2018/1046.
2023/09/08
Committee: BUDGITRE
Amendment 177 #

2023/0199(COD)

Proposal for a regulation
Recital 20
(20) Horizon Europe is the EU’s key funding programme for research and innovation, and its European Innovation Council (EIC) provides for support for innovations with potential breakthrough and disruptive nature with scale-up potential that may be too risky for private investors. Additional flexibility should be provided for under Horizon Europe, so that t to improve the participation of SMEs and their access to finance, in particular to the EIC. The EIC Accelerator canshould provide equity- only support to non-bankable SMEs, including start-ups, and non- bankable SMEs and small mid-caps, carrying out innovation in the technologies supported by the STEP and regardless of whether they previously received other types of support from the EIC Accelerator. The implementation of the EIC Fund is currently limited to a maximum investment amount of EUR 15 million except in exceptional cases and cannot accommodate follow-on financing rounds or larger investment amounts. Allowing for equity- only support for non-bankable SMEs and small mid-caps would address the existing market gap with investments needs in the range of EUR 15 to 50 million. Moreover, experience has shown that the amounts committed for the EIC Pilot under Horizon2020 are not fully used. These unused funds should be made available for the purposes of the EIC Accelerator under Horizon Europe. The Horizon Europe Regulation should also be amended to reflect the increased envelope for the European Defence Fund.
2023/09/08
Committee: BUDGITRE
Amendment 188 #

2023/0199(COD)

1. To strengthen European sovereignty and security, reduce its strategic dependencies, accelerate the Union’s green and digital transitions and enhance its competitiveness, reduce its strategic dependencies, favour a level playing field in the Single Market for investments throughout the Union, and promote inclusive access to attractive, quality jobs, the Platform shall pursue the following objectives:
2023/09/08
Committee: BUDGITRE
Amendment 215 #

2023/0199(COD)

(b) contribute to reduce or prevent strategic dependencies of the Union.deleted
2023/09/08
Committee: BUDGITRE
Amendment 250 #

2023/0199(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The Commission shall award a Sovereignty Seal to any action contributing to any of the Platform objectives, provided the action has been presented by the member state, assessed and complies with the minimum quality requirements, in particular eligibility, exclusion and award criteria, provided by a call for proposals under Regulation (EU) 2021/695, Regulation (EU) 2021/694, Regulation (EU) 2021/697, Regulation (EU) 2021/522, or Commission Delegated Regulation (EU) 2019/856.
2023/09/08
Committee: BUDGITRE
Amendment 276 #

2023/0199(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. The Commission shall establish a dedicated publicly available website (the ‘Sovereignty portal’), providing investors with where information about all EU funding opportunities for projects linked to the Platform objectives and grant visibility to those projects, in particular by displaying the following information:programmes under direct, shared or indirect management is displayed.
2023/09/08
Committee: BUDGITRE
Amendment 277 #

2023/0199(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) ongoing and upcoming calls for proposals and calls for tender linked to the Platform objectives under the respective programmes and funds;deleted
2023/09/08
Committee: BUDGITRE
Amendment 278 #

2023/0199(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) projects that have been awarded a Sovereignty Seal quality label in accordance with Article 4;deleted
2023/09/08
Committee: BUDGITRE
Amendment 279 #

2023/0199(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) projects that have been identified as strategic projects under the [Net-Zero Industry Act] and the [Critical Raw Materials Act], to the extent that they fall within the scope of Article 2;deleted
2023/09/08
Committee: BUDGITRE
Amendment 280 #

2023/0199(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) contacts to the national competent authorities designated in accordance with paragraph 4;deleted
2023/09/08
Committee: BUDGITRE
Amendment 282 #

2023/0199(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
1a. The Sovereignty Portal shall serve project promoters to find available EU funding programmes that are relevant for their project. With this aim, the Sovereignty Portal shall include: (a) information about all EU funding programmes and access to any open calls for proposals and calls for tender, and (b) a self-assessment tool for project promoters, which will gather information about the particular project in order to highlight the relevant EU funding programmes under direct, shared or indirect management, for which the project could be eligible.
2023/09/08
Committee: BUDGITRE
Amendment 283 #

2023/0199(COD)

Proposal for a regulation
Article 6 – paragraph 1 b (new)
1b. The Sovereignty Portal shall display an up to date list of projects that have been awarded funds under any EU funding programme, as well as those projects that have been awarded a Sovereignty Seal according to Article 4 of this Regulation. The Portal shall allow public and private investors to filter the listed projects.
2023/09/08
Committee: BUDGITRE
Amendment 289 #

2023/0199(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point b a (new)
(ba) statistical review on the Member States and the amount of approved projects and approved subsidies
2023/09/08
Committee: BUDGITRE
Amendment 290 #

2023/0199(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. By 31 DecemberJune 2025, the Commission shall provide the European Parliament and the Council with an evaluation report on the implementation of the Platform, on the state of the dependencies of the Union and the strategic sectors for the its sovereignty.
2023/09/08
Committee: BUDGITRE
Amendment 292 #

2023/0199(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The evaluation report shall, in particular, assess to which extent the objectives have been achieved, the efficiency of the use of the resources and the European added value. It shall also consider the continued relevance of all objectives and actions, in view of their potential upscaling.
2023/09/08
Committee: BUDGITRE
Amendment 294 #

2023/0199(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The evaluation report shall, in particular, assess to which extent the objectives have been achieved, the efficiency of the use of the resources and the European added value. It shall also consider the continued relevance of all objectives and actions, in view of their potential upscaling.
2023/09/08
Committee: BUDGITRE
Amendment 323 #

2023/0199(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 3
Regulation (EU) 2021/1056
Article 10 – paragraph 4 – sixth subparagraph
By way of derogation from Article 112 of Regulation (EU) 2021/1060, the maximum co-financing rates for dedicated priorities established to support the STEP objectives shall be increased to 100 %.deleted
2023/09/08
Committee: BUDGITRE
Amendment 325 #

2023/0199(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point 1
Regulation (EU) 2021/1057
Article 12 a
By way of derogation from Article 112 of Regulation (EU) 2021/1060, the maximum co-financing rates for dedicated priorities established to support the STEP objectives shall be increased to 100 %.deleted
2023/09/08
Committee: BUDGITRE
Amendment 329 #

2023/0199(COD)

Proposal for a regulation
Article 14
Regulation (EU) 1303/2013
Articles 135 and 138
Regulation (EU) No 1303/2013 is amended as follows: (1) In Article 135, the following paragraph 6 is added: ‘6. By way of derogation from paragraph 2, the deadline for the submission of the final application for an interim payment for the final accounting year shall be 31 July 2025. The last application for interim payment submitted by 31 July 2025 shall be deemed to be the final application for an interim payment for the final accounting year. Amounts from resources other than REACT-EU reimbursed by the Commission as interim payments in 2025 shall not exceed 1 % of the total financial appropriations to the programme concerned by Fund, REACT-EU resources excluded. Amounts that would be due to be paid by the Commission in 2025 exceeding this percentage shall not be paid and shall be used exclusively for the clearing of pre-financing at closure. ‘By way of derogation from the deadline set out in the first subparagraph, Member States may submit the documents referred to under points (a), (b) and (c) for the final accounting year by 15 February 2026.Article 14 deleted Amendments to Regulation (EU) No 1303/2013 [CPR]
2023/09/08
Committee: BUDGITRE
Amendment 333 #

2023/0199(COD)

Proposal for a regulation
Article 14 a (new)
Article 14a Amendment to Regulation (EU) No 2018/1046 Regulation (EU) No 2018/1046 is amended as follows: (1) In Article 15, the following paragraph 2c is added: ‘(c). the final decommitments under Regulation (EU) No 1303/2013 and Regulation (EU) No 223/2014, as referred to in Article 136 (3) of Regulation (EU) No 1303/2013 and Article 59 (3) of Regulation (EU) No 223/2014. ‘
2023/09/08
Committee: BUDGITRE
Amendment 334 #

2023/0199(COD)

Proposal for a regulation
Article 14 b (new)
Article 14b Amendments to Regulation (EU) No 1303/2013 [CPR] Regulation (EU) No 1303/2013 is amended as follows: (1) In Article 136, the following paragraph 3 is added: ‘3. The final decommitments referred to in paragraph 1 and 2 should be made available again as appropriations to finance the additional funding for the financial support of the Strategic Technologies for Europe Platform (‘STEP’) as set out in Article 3 of the Regulation .../... [STEP Regulation], in accordance with Article 15 of Regulation (EU) No 2018/1046 and the annual ceilings for commitments and payments as per Annex I to Council Regulation (EU, Euratom) 2020/2093.‘
2023/09/08
Committee: BUDGITRE
Amendment 335 #

2023/0199(COD)

Proposal for a regulation
Article 15
Regulation (EU) No 223/2014
Articles 13, 22, 45, 48
Amendment to Regulation (EU) No Regulation (EU) No 223/2014 is amended as follows: (1) In Article 13, paragraph 5 is replaced by the following: ‘5. The Member State shall submit a final report on implementation of the operational programme together with the closure documents as set out in Article 52, by 15 February 2026 at the latest. ‘2a. In the case of costs reimbursed pursuant to points (b), (c), (d) and (e) of Article 26(2), the corresponding actions being reimbursed shall be carried out by the submission of the final application for an interim payment for the final accounting year in accordance with Article 45(6). ‘6. By way of derogation from paragraph 2, the deadline for the submission of the final application for an interim payment for the final accounting year shall be 31 July 2025. The last application for interim payment submitted by 31 July 2025 shall be deemed to be the final application for an interim payment for the final accounting year. Amounts reimbursed by the Commission as interim payments in 2025 shall not exceed 1 % of the total financial appropriations to the programme concerned. Amounts that would be due to be paid by the Commission in 2025 exceeding this percentage shall not be paid and shall be used exclusively for the clearing of pre-financing at closure. ‘By way of derogation from the deadline set out in the first subparagraph, Member States may submit the documents referred to under points (a), (b) and (c) for the final accounting year by 15 February 2026.rticle 15 deleted 223/2014 [FEAD]
2023/09/08
Committee: BUDGITRE
Amendment 336 #

2023/0199(COD)

Proposal for a regulation
Article 15 a (new)
Article 15a Amendment to Regulation (EU) No 223/2014 [FEAD] Regulation (EU) No 223/2014 is amended as follows: (1) In Article 59, the following paragraph 3 is added: ‘3. The final decommitments referred to in paragraph 1 and 2 should be made available again as appropriations to finance the additional funding for the financial support of the Strategic Technologies for Europe Platform (‘STEP’) as set out in Article 3 of the Regulation .../... [STEP Regulation], in accordance with Article 15 of Regulation (EU) No 2018/1046 and the annual ceilings for commitments and payments as per Annex I to Council Regulation (EU, Euratom) 2020/2093.‘
2023/09/08
Committee: BUDGITRE
Amendment 252 #

2023/0138(COD)

Proposal for a regulation
Recital 20
(20) The Commission’s assessment of the national medium-term fiscal-structural plans should examine in particular the plausibility of the macroeconomic and fiscal assumptions, to the extent that they depart from those underlying the technical trajectory. In particular, the debt projections at unchanged policy to be included in the plan should be consistent and comparable with the Commission projections. The opinions of the independent fiscal institutions and EFB should be duly taken into account. In case the EFB’s assessment is that the plan does not fulfil the criteria of this Regulation, the Council can only recommend the proposed net expenditure path with a 4/5th majority of Member States in favour, excluding the Member State in question.
2023/10/26
Committee: ECON
Amendment 289 #

2023/0138(COD)

Proposal for a regulation
Recital 31
(31) There should also be a country- specific escape clause to allow a deviation from the net expenditure path provided that it does not endanger fiscal sustainability in the medium term in the case of exceptional circumstances, such as unpredictable exogenous events that could not have been prevented and that require counter-cyclical fiscal measures, outside the control of the Member State which have a major impact on the public finances of the Member State. Such major impact should result in an overall size of the shock that exceeds a ‘normal’ range: for example costs of natural disasters should be factored in in budgetary planning within a certain range. Exceptional circumstances should be qualified as a significant negative GDP shock. The triggering and extension of general and country-specific escape clauses are subject to a Council recommendation and an EFB opinion. In case the EFB opinion on the country-specific escape clause is negative, the Council can only recommend a positive decision with a 4/5th majority of Member States in favour, excluding the Member State in question. The Council should specify a time limit and maximum size as measured through the control account for such a deviation.
2023/10/26
Committee: ECON
Amendment 423 #

2023/0138(COD)

Proposal for a regulation
Article 5 – paragraph 1
For each Member State having a public debt above the 60% of GDP reference value or a government deficit above the 3% of GDP reference value, the Commission shall put forward, in a report to the Economic and Financial Committee, a technical trajectory for net expenditure covering a minimum adjustment period of 43 years of the national medium-term fiscal- structural plan, and its possible extension by a maximum of 32 years pursuant to Article 13. The Commission shall make the report public. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2023/10/26
Committee: ECON
Amendment 441 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) the public debt ratio is put or remains on a plausibly downward path towards 60% of GDP, or stays at prudent levels, i.e. below 60% of GDP;
2023/10/26
Committee: ECON
Amendment 461 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) the fiscal adjustment effort is linear over the period of the national medium- term fiscal- structural plan isand at least proportional to the total effort over the entire adjustment period;. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2023/10/26
Committee: ECON
Amendment 475 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) the public debt ratio at the end of the planning horizon is below the public debt ratio in the year before the start of the technical trajectory; and is reduced by at least 1% of GDP per year on average over the adjustment period until below 60% of GDP; for Member States with debt ratios above 60 % of GDP, the public debt ratio must decline by at least [x] percentage points per year of the national medium-term fiscal-structural plan for Member States with high debt challenge, and by at least [x] percentage points per year for Member States with medium debt challenge. The influence of the cycle on the pace of debt reduction shall be taken into account; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2023/10/26
Committee: ECON
Amendment 519 #

2023/0138(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the underlying medium-term public debt projection framework and results; based on a specific methodology and results; it shall make all data, calculations and assumptions public that are necessary for a replication of the results;
2023/10/26
Committee: ECON
Amendment 639 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
(a a) adhere to the requirements for the technical trajectory pursuant to Article 6 and Annex I;
2023/10/26
Committee: ECON
Amendment 761 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 5
5. The assessment of whether the set of reforms and investment commitments fulfil the criteria set out in paragraph 2 and of whether each of the reform and investment commitment fulfil the conditions set out in paragraph 3 shall be carried out in accordance with the assessment framework set out in Annex VII. The assessment should be accompanied by an independent evaluation of the respective national IFI and the EFB.
2023/10/26
Committee: ECON
Amendment 840 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point e
(e) whether for the years that the Member State concerned is expected to have a deficit above the 3% of GDP reference value, and the excess is not close and temporary, the fiscal adjustment is consistent with the benchmark adjustment of at least 0.5% of GDP in the structural primary balance referred to under Article 3 of Council Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure as amended by Regulation [X]; and (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2023/10/26
Committee: ECON
Amendment 865 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point f a (new)
(f a) whether the projected debt reduction ten years after the adjustment period is at least X% of the excess of public debt ratio over the 60% reference value, compared to the year before the start of the technical trajectory;
2023/10/26
Committee: ECON
Amendment 95 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
1a. When it exceeds the reference value, the ratio of the government debt to gross domestic product (GDP) shall be considered sufficiently diminishing and approaching the reference value at a satisfactory pace in accordance with Article 126(2), point (b), TFEU if the Member State concerned respects its net expenditure path. A Member State is considered not to respect its net expenditure path if a significant deviation in accordance with Article XX of Regulation (EU) [on the preventive arm] exists.
2023/10/25
Committee: ECON
Amendment 107 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 1
The Commission, when preparing a report under Article 126(3) TFEU, shall take into account as a key relevant factor the degree of medium term debt challenges in the Member State concerned. In particular, wWhere the Member State faces substantial medium term public debt challenges according to the most recent Debt Sustainability Monitor, it shall be considered a key factor leading to the opening of an excessive deficit procedure as a rulAnalysis conducted under Article XX of Regulation (EU) [on the preventive arm], the opening of an excessive deficit procedure shall follow as a rule. Before preparing a report under Article 126(3) TFEU, the Commission takes into account the European Fiscal Board’s report on the assessment of an excessive deficit in the particular Member State.
2023/10/25
Committee: ECON
Amendment 119 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 2
The Commission shall also take into account all other relevant factors as indicated in Article 126(3) TFEU, in so far as they significantly affect the assessment of compliance with the deficit and debt criteria by the Member State concerned. The key relevant factor of substantial medium term public debt challenges shall take precedence over other relevant factors. Developments in the medium- term economic position should only be considered as relevant factor if the output gap is lower than -1,5% of potential output. Developments in the medium-term budgetary positions and the evolution of the government debt position and its financing should only be considered as relevant factor if the member state concerned does not face substantial medium term public debt challenges.
2023/10/25
Committee: ECON
Amendment 136 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 3 – point d
(d) the implementation of reforms and investments including, in particular policies to prevent and correct excessive macroeconomic imbalances and policies to implement the common growth and employment strategy of the Union including those supported by NextGenerationEU, and the overall quality of public finances, in particular the effectiveness of national budgetary frameworks.deleted
2023/10/25
Committee: ECON
Amendment 172 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No. 1467/97
Article 2 – paragraph 5
5. Where Member States are allowed to deviate from their net expenditure path in the event of a severe economic downturn in the euro area or in the Union as a whole pursuant to Article 24 of Regulation (EU) [on the preventive arm], the Commission and the Council, in their assessment, may decide not to conclude on the existence of an excessive deficit for the period specified by the Council in accordance with Article 24 of Regulation (EU) [on the preventive arm].
2023/10/25
Committee: ECON
Amendment 124 #

2023/0081(COD)

Proposal for a regulation
Recital 5
(5) The higher energy prices after the unjustified and unlawful military aggression by the Russian Federation against Ukraine, gave a strong impetus to accelerate the implementation of the European Green Deal and reinforce the resilience of the Energy Union by speeding up the clean energy transition and ending any dependence on fossil fuels exported from the Russian Federation. The REPowerEU plan35 plays a key role in responding to the hardships and global energy market disruption caused by the invasion of Ukraine by the Russian Federation. That plan aims to accelerate the energy transition in the European Union, in order to reduce the Union’s gas and electricity consumption and to boost investments in the deployment of energy efficient and low carbon solutions. That plan sets inter alia the targets to double solar photovoltaic capacity by 2025 and to install 600 GW of solar photovoltaic capacity by 2030; to double the rate of deployment of heat pumps; to produce 10 million tonnes of domestic renewable hydrogen by 2030; and to substantially increase production of biomethane up to 35 bcm by 2030. The plan also sets out that achieving the REPowerEU goals will require diversifying the supply of low carbon energy equipment and of critical raw materials, reducing sectoral dependencies, overcoming supply chain bottlenecks and expanding the Union’s clean energy technology manufacturing capacity. As part of its efforts to increase the share of renewable energy in power generation, industry, buildings and transport, the Commission proposes to increase the target in the Renewable Energy Directive to 45% by 2030 and to increase the target in the Energy Efficiency Directive to 13%. This would bring the total renewable energy generation capacities to 1236 GW by 2030, in comparison to 1067 GW by 2030 envisaged under the 2021 proposal and will see increased needs for storage through batteries to deal with intermittency in the electricity grid. Similarly, policies related to the decarbonisation of the road sector, such as Regulation (EU) 2019/631 and Regulation (EU) 2019/1242 will be strong drivers for a further electrification of the road transport sector and thus increasing demand for batteries. _________________ 35 Communication of 18 May 2022 from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, REPowerEU Plan, COM/2022/230 final, 18.05.2022.
2023/06/23
Committee: ITRE
Amendment 142 #

2023/0081(COD)

Proposal for a regulation
Recital 7
(7) To meet the 2030 and 2050 climate and energy targets, energy efficiency needs to be prioritised. Saving energy is the cheapest, safest and cleanest way to meet those targets. ‘Energy efficiency first’ is an overall principle of EU energy policy and is important in both its practical applications in policy and investment decisions. Therefore, it is essential to expand the Union’s manufacturing capacity for energy efficient technologies, such as heat pumps and smart grid technologies, that help the EU reduce and control its energy consumption.
2023/06/23
Committee: ITRE
Amendment 149 #

2023/0081(COD)

Proposal for a regulation
Recital 8
(8) The Union’s decarbonisation objectives, security of energy supply, digitalisation of the energy system and electrification of demand, for example in mobility and the need for fast recharging points, require an enormous expansion of electricity grids in the European Union, both at transmission level and at distribution level. At transmission level, high-voltage direct current (HVDC) systems are needed to connect offshore renewable energies; while at distribution level, connecting electricity providers and managing demand-side flexibility builds on investments in innovative grid technologies, such as electric vehicles smart charging (EVSC), energy efficiency building and industry automation and smart controls, advanced meter infrastructure (AMI) and home energy management systems (HEMS). The electricity grid needs to interact with many actors or devices based on a detailed level of observability, and hence availability of data, to enable flexibility, smart charging and smart buildings with smart electricity grids and small scale flexibility services enabling demand side response from consumers and the uptake of renewables. Connecting the net-zero technologies to the network of the European Union requires the substantial expansion of manufacturing capabilities for electricity grids in areas such as offshore and onshore cables, substations and transformers.
2023/06/23
Committee: ITRE
Amendment 151 #

2023/0081(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) Renewable, biobased energy resources have the potential to replace fossil energy resources and critical raw materials. These resources are derived from biological materials, which can be replenished naturally. In addition, they emit less greenhouse gas emissions, reduce the dependence on imported fossil fuels, support rural development and create jobs in rural areas and decrease waste and pollution by utilizing agricultural and forestry residues. Additionally, renewable resources lessen our reliance on critical raw materials that are becoming scarce.
2023/06/23
Committee: ITRE
Amendment 154 #

2023/0081(COD)

Proposal for a regulation
Recital 9
(9) Additional policy effort is necessary to support those technologies that are commercially available and have a good potential for rapid scale up to support the Union’s 2030 and 2050 climate targets, improve the security of supply for net-zero technologies and their supply chains, and safeguard or strengthen the overall resilience and competitiveness of the Union’s energy system. It includes access to a safe and sustainable source of best in class fuels, as described in recital 8 of Commission Delegated Regulation (EU) 2022/1214.
2023/06/23
Committee: ITRE
Amendment 176 #

2023/0081(COD)

Proposal for a regulation
Recital 12
(12) In 2020 the European Commission adopted an EU strategy for energy system integration. It set out a vision on how to accelerate the transition towards a more integrated energy system, one that supports a climate neutral economy at the least cost across sectors. It encompasses three complementary and mutually reinforcing concepts: first, a more ‘circular’ energy system, with energy efficiency at its core; second, a greater direct electrification of end-use sectors; third, the use of renewable and low-carbon fuels, including hydrogen, for end-use applications where direct heating or electrification are not feasible, not efficient or have higher costs. Considerations related to energy system integration refer to solutions for fully integrating all the electricity generated by renewable energy installations into the wider energy system. This means, for instance, adopting technical solutions that allow for the integration of surplus electricity generated by renewable electricity installations, including through storage in its various forms and demand- side management.
2023/06/23
Committee: ITRE
Amendment 217 #

2023/0081(COD)

Proposal for a regulation
Recital 17
(17) To address security of supply issues and contribute to supporting the resilience of Union’s energy system and decarbonisation and modernisation efforts, the net-zero technology manufacturing capacity in the Union needs to expand. Union manufacturers of solar photovoltaic (PV) technologies need to increase their competitive edge and improve security of supply perspectives, by aiming to reach at least 30 gigawatt of operational solar PV manufacturing capacity by 2030 across the full PV value chain, in line with the goals set out in the European Solar Photovoltaic Industry Alliance, which is supported under the Union’s Solar Energy Strategy.38 Union manufacturers of wind and heat pump technologies need to consolidate their competitive edge and maintain or expand their current market shares throughout this decade, in line with the Union’s technology deployment projections that meet its 2030 energy and climate targets.39 This translates into a Union manufacturing capacity for wind of at least 36 GW and, respectively, for heat pumps of at least 31 GW in 2030. Union manufacturers of batteries and electrolysers need to consolidate their technology leadership and actively contribute to shaping these markets. For battery technologies this would mean contributing to the objectives of the European Battery Alliance and aim at almost 90% of the Union’s battery annual demand being met by the Union’s battery manufacturers, translating into a Union manufacturing capacity of at least 550 GWh in 2030. For EU electrolyser manufacturers, the REPowerEU plan projects 10 million tonnes of domestic renewable hydrogen production and a further up to 10 million tonnes of renewable hydrogen imports by 2030. To ensure EU’s technological leadership translates into commercial leadership, as supported under the Electrolyser Joint Declaration of the Commission and the European Clean Hydrogen Alliance, EU electrolyser manufacturers should further boost their capacity, such that the overall installed electrolyser capacity being deployed reaches at least 100 GW hydrogen by 2030. Furthermore, the RePowerEU Plan sets an objective of boosting biomethane production to 35 bcm by 2030. Biomethane, with its supply chain largely based in Europe today, already contributes to Europe’s resilience—a contribution that should be further promoted. _________________ 38 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Solar Energy Strategy, SWD(2022) 148 final, 18.05.2022. 39 As per REPowerEU objectives set out in the REPowerEU Plan, COM/2022/230 final, and accompanying Commission Staff Working Document Implementing the Repower EU Action Plan: Investment Needs, Hydrogen Accelerator and achieving the Bio-Methane Targets Accompanying the Document : Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU Plan, SWD/2022/230 final, 18.05.2022
2023/06/23
Committee: ITRE
Amendment 237 #

2023/0081(COD)

Proposal for a regulation
Recital 21
(21) In order to maintain competitiveness and reduce current strategic import dependencies in key net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive and innovation friendly. The Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way and to reduce administrative burden and level the playing field with international competitors.
2023/06/23
Committee: ITRE
Amendment 247 #

2023/0081(COD)

Proposal for a regulation
Recital 23
(23) In addition, the Communication on the Green Deal Industrial Plan for the Net- Zero Age42 sets out a comprehensive approach to support a clean energy technology scale up based on four pillars. The first pillar aims at creating a regulatory environment that simplifies and fast-tracks permitting for new net-zero technology manufacturing and assembly sites and facilitates the scaling up of the net-zero industry of the Union. The second pillar of the plan is to boost investment in and financing of net-zero technology production, through the revised Temporary Crisis and Transition Framework adopted in March 2023 and the creation of a European Sovereignty fund to preserve the European edge on critical and emerging technologies relevant to the green and digital transitions. The third pillar relates to developing the skills needed to make the transition happen and increase the number of skilled workers in the clean energy technology sector. The fourth pillar focuses on trade and the diversification of the supply chain of critical raw materials. That includes creating a critical raw materials club, working with like-minded partners to collectively strengthen supply chains and diversifying away from single suppliers for critical input. _________________ 42 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: A Green Deal Industrial Plan for the Net-Zero Age, COM/2023/62 final, 01.02.2023.
2023/06/23
Committee: ITRE
Amendment 248 #

2023/0081(COD)

Proposal for a regulation
Recital 23
(23) In addition, the Communication on the Green Deal Industrial Plan for the Net- Zero Age42 sets out a comprehensive approach to support a clean energy technology scale up based on four pillars. The first pillar aims at creating a regulatory environment that simplifies and fast-tracks permitting for new net-zero technology manufacturing and assembly sites and facilitates the scaling up of the net-zero industry of the Union. The second pillar of the plan is to boost investment in and financing of net-zero technology production, through the revised Temporary Crisis and Transition Framework adopted in March 2023 and the creation of a European Sovereignty fund to preserve the European edge on critical and emerging technologies relevant to the green and digital transitions. The third pillar relates to developing the skills needed to make the transition happen and increase the number of skilled workers in the clean energy technology sector. The fourth pillar focuses on trade and the diversification of the supply chain of critical raw materials. That includes creating a critical raw materials club, working with like-minded partners to collectively strengthen supply chains and diversifying away from single suppliers for critical input. _________________ 42 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: A Green Deal Industrial Plan for the Net-Zero Age, COM/2023/62 final, 01.02.2023.
2023/06/23
Committee: ITRE
Amendment 324 #

2023/0081(COD)

Proposal for a regulation
Recital 46
(46) The Innovation Fund also provides a very promising and cost efficient avenue to support the scaling up of manufacturing and deployment of renewableclean hydrogen and other strategic net zero technologies in Europe, thus reinforcing Europe’s sovereignty in key technologies for climate action and energy security.
2023/06/23
Committee: ITRE
Amendment 327 #

2023/0081(COD)

Proposal for a regulation
Recital 47
(47) A European Sovereignty Fund would provide a structural answer to the investment needs. It will help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net-zero technologies. This structural instrument will build on experience of coordinated multi-country projects under the IPCEIs and seek to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aids.deleted
2023/06/23
Committee: ITRE
Amendment 328 #

2023/0081(COD)

Proposal for a regulation
Recital 47
(47) A European Sovereignty Fund would provide a structural answer to the investment needs. It will help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net-zero technologies. This structural instrument will build on experience of coordinated multi-country projects under the IPCEIs and seek to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aids.deleted
2023/06/23
Committee: ITRE
Amendment 372 #

2023/0081(COD)

Proposal for a regulation
Recital 55
(55) Net-zero technology manufacturing projects undergo lengthy and complex permitting procedures of 2-7 years, depending on the Member State, technology and value chain segment. Considering the size of required investments – in particular for gigafactory- size projects which are needed to reach the expected economies of scale – inadequate permitting creates an additional and often detrimental barrier to increase net-zero technology manufacturing capacity in the Union. In order to provide project promoters and other investors with the security and clarity needed to increase development of net-zero technologies manufacturing projects, Member States should ensure that the permit-granting process related to such projects does not exceed pre-set time limits. For Net Zero Strategic Projects the length of the permit- granting process should not exceed twelve9 months for facilities with a yearly production output of more than 1 GW, and 96 months for those with a yearly production output of less than 1 GW. For all other net-zero technology manufacturing projects, the length of the permit-granting process should not exceed eighteen12 months for facilities with a yearly production output of more than 1 GW, and twelve9 months for those with a yearly production output of less than 1 GW. For net-zero technologies for which the GW metric is not relevant, such as grids and carbon capture and storage (CCS) or carbon capture and usage (CCU) technologies, the upper limits of the aforementioned deadlines should apply. For the expansion of existing production lines, each of the aforementioned time limits should be halved.
2023/06/23
Committee: ITRE
Amendment 423 #

2023/0081(COD)

Proposal for a regulation
Article 1 – paragraph 2 – introductory part
2. To achieve the general objective referred to in paragraph 1, this Regulation contains measures with a view to ensuring:the aim
2023/06/23
Committee: ITRE
Amendment 459 #

2023/0081(COD)

Proposal for a regulation
Article 1 – paragraph 3 a (new)
3a. The value chains created and strengthened as a result of this Regulation both in the Union and in third countries shall be further strengthened after 2030. The Commission shall take this into account when conducting the review referred to in Article 35.
2023/06/23
Committee: ITRE
Amendment 468 #

2023/0081(COD)

Proposal for a regulation
Article 2 – paragraph 1
This Regulation applies to net-zero technologies and their value chains, including important input materials produced using low-carbon energy, except for Articles 26 and 27 of this Regulation, which apply to innovative net-zero technologies. Raw materials processed materials or components falling under the scope of Regulation (EU) …/… [add footnote with publication references of the Critical Raw Materials Regulation] shall be excluded from the scope of this Regulation.
2023/06/23
Committee: ITRE
Amendment 470 #

2023/0081(COD)

Proposal for a regulation
Article 2 – paragraph 1
This Regulation applies to net-zero technologies, except for Articles 26 and 27 of this Regulaincluding their essential components, materials and machinery that are indispensable to their production and functioning, which apply to innovative net-zero technologies. Raw materials processed materials or components falling under the scope of Regulation (EU) …/… [add footnote with publication references of the Critical Raw Materials Regulation] shall be excluded from the scope of this Regulation.
2023/06/23
Committee: ITRE
Amendment 495 #

2023/0081(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies, including the relevant transport infrastructure; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; liquid hydrogen technologies; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies, including the relevant transport infrastructure; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8 along the value chain. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
2023/06/23
Committee: ITRE
Amendment 496 #

2023/0081(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency and renewable bioenergy technologies. They refer to the final products, specific components and specific machinery, including technologies for circularity, primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
2023/06/23
Committee: ITRE
Amendment 517 #

2023/0081(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
(aa) ‘sustainable alternative fuels’ means fuels covered by Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources.
2023/06/23
Committee: ITRE
Amendment 523 #

2023/0081(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) ‘component’ means a small parnufactured element of a net-zero technology that is manufactured and traded by a company starting from processed materials;
2023/06/23
Committee: ITRE
Amendment 607 #

2023/0081(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. By …[3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority which shall be responsible for facilitating and coordinating and streamlining the permit- granting process for net-zero technology manufacturing projects, including for net- zero strategic projects, and to provide advice on reducing administrative burden in line with Article 5.
2023/06/23
Committee: ITRE
Amendment 612 #

2023/0081(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The national competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit-granting process leading to a comprehensive decision for a given project and shall coordinate the submission of all relevant documents and information. A case officer shall be assigned by the One Stop Shops to net-zero technology manufacturing that have been granted the status of Strategic Project. The case officer shall provide an easy point of contact and assist the Project Promoter in navigating any internal bureaucracy.
2023/06/23
Committee: ITRE
Amendment 628 #

2023/0081(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point c a (new)
(ca) the national competent authority referred to in paragraph 1 ensures that no delays result from the delegation of tasks.
2023/06/23
Committee: ITRE
Amendment 646 #

2023/0081(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. Member States shall ensure that the national competent authority responsible for the entire permit-granting processes or any authority to which tasks are delegated pursuant to paragraph 3, including all procedural steps, has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation. If Member States do not have the resources to fulfil the requirements set out in this paragraph, the Commission shall assist them with resources aiding the member state in fulfilling those requirements.
2023/06/23
Committee: ITRE
Amendment 676 #

2023/0081(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. The permit-granting process for net-zero technology manufacturing projects shall not exceed any of the following time limit12 months:
2023/06/23
Committee: ITRE
Amendment 680 #

2023/0081(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) 12 months for the construction of net-zero technology manufacturing projects with a yearly manufacturing capacity of less than 1 GW;deleted
2023/06/23
Committee: ITRE
Amendment 687 #

2023/0081(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) 18 months for the construction of net-zero technology manufacturing projects, with a yearly manufacturing capacity of more than 1 GW.deleted
2023/06/23
Committee: ITRE
Amendment 699 #

2023/0081(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. For net-zero technology manufacturing projects for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 182 months.
2023/06/23
Committee: ITRE
Amendment 714 #

2023/0081(COD)

Proposal for a regulation
Article 6 – paragraph 6
6. No later than one month following the receipt of the permit-granting application, competent authorities shall validate the application or, if the project promoter has not sent all the information required to process an application, request the project promoter to submit a complete application within fourteenthirty days from that request, outlining which information is missing. The date of the acknowledgement of the validity of the application by the national competent authority referred to in Article 4(1) shall serve as the start of the permit granting process.
2023/06/23
Committee: ITRE
Amendment 721 #

2023/0081(COD)

Proposal for a regulation
Article 6 – paragraph 9 a (new)
9a. In accordance with this Regulation, the European Commission shall adopt guidelines to define a minimum set of permit-granting requirements that Member States must adhere to for net-zero technology manufacturing projects, in particular to simplify the preparatory work for promoters submitting manufacturing projects, while facilitating the instruction of requests by administrations.
2023/06/23
Committee: ITRE
Amendment 725 #

2023/0081(COD)

Proposal for a regulation
Article 6 – paragraph 9 b (new)
9b. National competent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary steps to be considered as approved, except where the principle of administrative tacit approval does not exist in the national legal system. This provision shall also apply to final decisions on the outcome of the process and for these decisions an explicit notice of tacit approval shall be send to the project promoter within a week after the tacit approval came into effect. All decisions, including a notice of tacit approval, shall be made publicly available.
2023/06/23
Committee: ITRE
Amendment 750 #

2023/0081(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities shall, where appropriate, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects and the relevant infrastructure. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
2023/06/23
Committee: ITRE
Amendment 880 #

2023/0081(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. Where the Commission or a Member State finds that a net-zero strategic project has undergone substantial changes or that it no longer fulfils the criteria set out in Article 10(1) or 10(3), or where its recognition was based on an application containing incorrecfraudulent information, it shall inform the project promoter concerned. After hearing the project promoter, the Member State may repeal the decision granting a project the status of net-zero strategic project.
2023/06/23
Committee: ITRE
Amendment 889 #

2023/0081(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Project promoters and all authorities that, under national law, are competent to issue various permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure, shall ensure that for net-zero strategic projects those processes, including contact between project promoter and any authority before the application is officially submitted and complete, are treated in the most rapid way possible in accordance with Union and national law.
2023/06/23
Committee: ITRE
Amendment 912 #

2023/0081(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. The permit-granting process for net-zero strategic projects shall not exceed any of the following time limit9 months:
2023/06/23
Committee: ITRE
Amendment 914 #

2023/0081(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) 9 months for the construction of net-zero strategic projects with a yearly manufacturing capacity of less than 1 GW;deleted
2023/06/23
Committee: ITRE
Amendment 919 #

2023/0081(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) 12 months for the construction of net-zero strategic projects, with a yearly manufacturing capacity of more than 1 GW;deleted
2023/06/23
Committee: ITRE
Amendment 924 #

2023/0081(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) 18 months for all necessary permits to operate a storage site in accordance with Directive 2009/31/EC.deleted
2023/06/23
Committee: ITRE
Amendment 926 #

2023/0081(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. For net-zero strategic technologies for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 129 months.
2023/06/23
Committee: ITRE
Amendment 945 #

2023/0081(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating administrative support to net-zero strategic projects facing difficulties in accessing finance.
2023/06/23
Committee: ITRE
Amendment 949 #

2023/0081(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. The Commission and Member States may provide administrative and operational support to net-zero strategic projects to facilitate their rapid and effective implementation, including by providing:
2023/06/23
Committee: ITRE
Amendment 951 #

2023/0081(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. Member States and the Commission shall may provide administrative support to net-zero strategic projects to facilitate their rapid and effective implementation, including by providing:
2023/06/23
Committee: ITRE
Amendment 973 #

2023/0081(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. The Net-Zero Europe Platform as established in Article 28 shall discuss financial needs and bottlenecks of net-zero strategic projects, potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges with the relevant industrial alliances, including alliances representing SMEs.
2023/06/23
Committee: ITRE
Amendment 1327 #

2023/0081(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
(ca) Make use of the best practices already in use in the member states, especially with regard to regional continuing education or additional training.
2023/06/23
Committee: ITRE
Amendment 1347 #

2023/0081(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point 6
(6) promote adequate working conditions in jobs in net-zero technology industries, the activation of youth, women and seniors to the labour market for net- zero technology industries, and the attraction of skilled workers from third countries, and thereby achieve a more diverse workforce;deleted
2023/06/23
Committee: ITRE
Amendment 1362 #

2023/0081(COD)

Proposal for a regulation
Article 26 – paragraph 2 – introductory part
2. The modalities and the conditions for the establishment and operation of the net-zero regulatory sandboxes under this Regulation shall be adopted through implementing acts in accordance with the examination procedure referred to in Article 36. The modalities and conditions shall to the extent possible support flexibility for national competent authorities to establish and operate their Net-zero regulatory sandboxes, foster innovation and regulatory learning and shall particularly take into account the special circumstances and capacities of participating SMEs, including start-ups; allow the establishing of regulatory sandboxes in co-operation with universities and research facilities and use existing facilities as regulatory sandboxes where deliberate. The implementing acts referred to in paragraph 3 shall include common main principles on the following issues:
2023/06/23
Committee: ITRE
Amendment 1389 #

2023/0081(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point c a (new)
(ca) Member states can establish without limitations set by the regulation concering state aid, free of charge, temporary regulatory sandboxes for a project led by SME or SMEs, that has been approved as a strategic net-zero project.
2023/06/23
Committee: ITRE
Amendment 1440 #

2023/0081(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. The Platform shall be composed of the Member States and of the Commission, the Commission, of the European Parliament, and of representatives of the industrials alliances. It shall be chaired by a representative of the Commission.
2023/06/23
Committee: ITRE
Amendment 1446 #

2023/0081(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. Each Member State and the European Parliament shall appoint a high- level representative to the Platform. Where relevant as regards the function and expertise, a Member State and the European Parliament may have more than one representative in relation to different tasks related to the work of the Platform. Each member of the Platform shall have an alternate.
2023/06/23
Committee: ITRE
Amendment 1458 #

2023/0081(COD)

Proposal for a regulation
Article 29 – paragraph 7
7. The Platform shall invite representatives of the European Parliament to attend, as observers, its meetings, including of the standing or temporary sub-groups referred to in paragraph 6.deleted
2023/06/23
Committee: ITRE
Amendment 1462 #

2023/0081(COD)

Proposal for a regulation
Article 29 – paragraph 8
8. Where appropriate, the Platform or the Commission may invite experts and other third parties to Platform and sub- group meetings or to provide written contributions. Particular weight shall be given to representatives of SMEs, who shall be invited to take part in all meetings and discussions that concern them or their involvement, both on Platform and subgroup level.
2023/06/23
Committee: ITRE
Amendment 1499 #

2023/0081(COD)

Proposal for a regulation
Article 31 – paragraph 2 – point h a (new)
(ha) the participation of SMEs in net- zero strategic projects.
2023/06/23
Committee: ITRE
Amendment 1503 #

2023/0081(COD)

Proposal for a regulation
Article 31 – paragraph 2 a (new)
2a. the number of SMEs that are part of net-zero technology manufacturing projects;
2023/06/23
Committee: ITRE
Amendment 1550 #

2023/0081(COD)

Proposal for a regulation
Annex I – table 1
1. Solar photovoltaic and solar thermal technologies 2. Onshore wind and offshore renewable technologies 3. Battery/storageStorage technologies, including battery technologies 4. Heat pumps and geothermal energy technologies 5. Electrolysers and fuel cells 6. Sustainable biogas/biomethane technologies 7. Carbon Capture and, storage (CCS) technologies 8. Grid technologies
2023/06/23
Committee: ITRE
Amendment 1551 #

2023/0081(COD)

Proposal for a regulation
Annex I – table 1
1. Solar photovoltaic and solar thermal technologies 2. Onshore wind and offshore renewable technologies 3. Battery/sStorage technologies 4. Heat pumps and geothermal energy technologies 5. Electrolysers and fuel cells 6. Sustainable alternative fuel technologies, including biogas/biomethane technologies 7. Carbon Capture and, storage (CCS) technologies 8. Grid technologies
2023/06/23
Committee: ITRE
Amendment 1552 #

2023/0081(COD)

Proposal for a regulation
Annex I – table 1
1. Solar photovoltaic and solar thermal technologies 2. Onshore wind and offshore renewable technologies 3. Battery/sStorage technologies 4. Heat pumps and geothermal energy technologies 5. Electrolysers and fuel cells 6. Sustainable biogas/biomethane technologies 7. Carbon Capture and, storage (CCS) and Carbon Capture and Utilisation (CCU) technologies 8. Grid technologies
2023/06/23
Committee: ITRE
Amendment 45 #

2023/0079(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to facilitate, accelerate and crowd-in private investments in Strategic Projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to Strategic Projects facing difficulties in accessing finance.
2023/06/08
Committee: ECON
Amendment 51 #

2023/0079(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. Member States mayshall on request provide administrative support to Strategic Projects to facilitate their rapid and effective implementation, including by providing:
2023/06/08
Committee: ECON
Amendment 53 #

2023/0079(COD)

(2a) Once the Union has created its common strategy and framework, it is necessary to have a structured dialogue with our strategic partners, especially the US, to share the needs analysis and mapping of resources and extraction of critical raw materials, to avoid a harmful race between partners, and, moreover, to pool capacity in obtaining mutually beneficial access to critical raw materials.
2023/06/12
Committee: AFET
Amendment 68 #

2023/0079(COD)

Proposal for a regulation
Article 16 – paragraph 4 a (new)
4 a. The system shall be accessible for project promoters even if a Strategic Project has not yet been granted a permit by the national competent authority.
2023/06/08
Committee: ECON
Amendment 73 #

2023/0079(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. The Commission shall set up and operate a system to aggregate the demand of interested undertakings consuming strategic raw materials established in the Union and Member State authorities responsible for strategic stocks and seek offers from suppliers to match that aggregated demand. This shall cover both unprocessed and processed strategic raw materials as well as products resulting from any intermediate processing step.
2023/06/08
Committee: ECON
Amendment 74 #

2023/0079(COD)

Proposal for a regulation
Article 24 – paragraph 2 – point b
(b) set minimum amounts of demanded material to participate in the system, taking into account the expected number of interested participants and the need to ensure a manageable amount of participants.deleted
2023/06/08
Committee: ECON
Amendment 76 #

2023/0079(COD)

Proposal for a regulation
Recital 11
(11) In order to ensure the sustainability of increased raw material production, new raw materials projects should be implemented sustainably. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering all aspects of sustainability highlighted in the EU principles for sustainable raw materials31 , including ensuring environmental protection, socially responsible practices, including respect for human rights such as the rights of women, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive, pragmatic and meaningful consultations with local communities, including with indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion, compliance with relevant Union legislation, international standards, guidelines and principles or participation in a certification scheme recognised under this Regulation should be considered sufficient. The project promoters should have a deep understanding of the country they are negotiating with, build a relationship with the local communities and truly understand their needs, input and ouput to the project. The EU needs to build long-term partnerships that go beyond the sole purpose of accesing raw materials, but create diplomatic ties in a deeply polarized geopolitical context. _________________ 31 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
2023/06/12
Committee: AFET
Amendment 81 #

2023/0079(COD)

Proposal for a regulation
Recital 13
(13) To ensure the effective and efficient treatment of applications, the Commission should be able prioritise the processing of applications for projects related to specific underrepresented value chain stages or strategic raw materials, in order to be able to ensure the Union's balanced progress towards all benchmark for Union capacity included in this Regulation. The Commission should also proactively seek out partner countries to promote strategic collaborations.
2023/06/12
Committee: AFET
Amendment 85 #

2023/0079(COD)

Proposal for a regulation
Recital 20
(20) In order to reduce complexity and increase efficiency and transparency in permitting process, project promoters of critical raw materials projects should be able to interact with a single national authority, which is responsible for facilitating and coordinating the entire permit granting process and in the case of Strategic Projects shall issue a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority. Where needed in light of a Member State's internal organisation, the tasks of the national competent authority should be able to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of its responsibilities, Member States should provide their national competent authority, or any authority acting on its behalf, with sufficient qualified personnel and resources.
2023/06/12
Committee: AFET
Amendment 150 #

2023/0079(COD)

3. Where the Commission considers that information provided in the application is incomplete, it shall give the applicant the opportunfurther clarifications regarding the missing information and the possibility to submit the additional information required to complete the application in a timely manner.
2023/06/12
Committee: AFET
Amendment 168 #

2023/0079(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) the permit-granting process and related bureaucratic processes required for obtaining the permit;
2023/06/12
Committee: AFET
Amendment 222 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
(iva) the potential to build new partnerships and create a mutualy beneficial cooperation with long-term geopolitical gains;
2023/06/12
Committee: AFET
Amendment 627 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a – Paragraph 1
1. Member States shall facilitate renewable energy purchase agreements and power purchase agreements (‘PPAs’) with a view to reaching the objectives set out in their integrated national energy and climate plan with respect to the dimension decarbonisation referred to in point (a) of Article 4 of Regulation (EU) 2018/1999, while preserving competitive and liquid electricity markets.
2023/05/25
Committee: ITRE
Amendment 644 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a – Paragraph 2
2. Member States shall ensure that instruments such as guarantee schemes at market prices, to reduce the financial risks associated to off-taker payment default in the framework of renewable energy purchase agreements and PPAs are in place and accessible to customers that face entry barriers to the renewable energy purchase agreement and PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU. For this purpose, Member States shall take into account Union-level instruments. Member States shall determine what categories of customers are targeted by these instruments, applying non-discriminatory criteria.
2023/05/25
Committee: ITRE
Amendment 925 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 1
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider the promotion of the participation of non-fossil flexibility such as demand side response and storage by introducing additional criteria or features in the design of the capacity mechanism.
2023/05/25
Committee: ITRE
Amendment 942 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 2
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibility such as demand response and storage in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with19d, Member States may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and storage.
2023/05/25
Committee: ITRE
Amendment 953 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19e – paragraph 3
3. Member States which do not apply a capacity mechanism may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and storage.
2023/05/25
Committee: ITRE
Amendment 967 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – Introductory Part
Flexibility support scheme for non-fossil flexibility such as demand response and storage applied by Member States in accordance with Article 19e(2) and (3) shall:
2023/05/25
Committee: ITRE
Amendment 989 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – point f
(f) provide incentives for the integration in the electricity market in a market-based and market-responsive way, while avoiding unnecessary distortions of electricity markets as well as taking into account possible system integration costs, grid congestions and grid stability;
2023/05/25
Committee: ITRE
Amendment 26 #

2023/0042(COD)

Proposal for a regulation
Recital 7
(7) The REPowerEU Communication13 outlined a plan to make the Union independent from Russian fossil fuels well before the end of this decade. The Communication highlights the importance, among others, of further increasing the efficiency and reducing fossil consumption in the transport sector, where electrification can be combined with the use of fossil-freeCO2 neutral fuels, including hydrogen to replace fossil fuels. _________________ 13 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, REPowerEU Plan, COM(2022)230 final of 18.5.2022.
2023/07/10
Committee: ITRE
Amendment 31 #

2023/0042(COD)

Proposal for a regulation
Recital 9
(9) The strengthened CO2 emission reduction requirements should incentivise an increasing share of zero-emission and low-emission vehicles being deployed on the Union market whilst providing benefits to users and citizens in terms of air quality and energy savings, as well as ensuring that innovation in the automotive value chain can be maintained. Zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen-powered vehicles, and technological innovations are continuing. The automotive industry remains one of the pillars of the EU economy, contributing 7% of European GDP, providing 4.6 million jobs and remaining at the cutting edge of technological innovation with EUR 60 billion invested each year in research and development. The industry needs to be supported in its environmental and digital transition, as European manufacturers are now facing a triple bind, with tightened environmental regulations, increasing investment needs in innovation and heightened international competition. The strengthened CO2 emission reduction standards must become technology neutral in reaching the fleet-wide targets that they set. Zero and low-emission vehicles, which run on advanced biofuels or synthetic fuels as defined in Directive (EU) 2018/20011a. Zero-emission and low- emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen-powered vehicles, and technological innovations are continuing. _________________ 1a Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast)
2023/07/10
Committee: ITRE
Amendment 44 #

2023/0042(COD)

Proposal for a regulation
Recital 11 – paragraph 1
The updated New Industrial Strategy14 foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In this context, a transition pathway is being developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway takes particular heed of small and medium-sized enterprizes in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions and on the Talent Booster Mechanism in the framework of the Harnessing Talents in EU regions initiative. The appropriate actions and incentives at the European and national level to boost the affordability of zero- emission vehicles are also being addressed in the pathway. This could, for example, include the possibility for Member States to use the proposed Social Climate Fund to assist micro-enterprises in the purchasing of zero-emission trucks and lorries. Particular attention should be also given to the impact that this transition will have on SMEs along the supply chain. _________________ 14 Commission Communication on Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021.
2023/07/10
Committee: ITRE
Amendment 70 #

2023/0042(COD)

Proposal for a regulation
Recital 17
(17) With the stricter Union fleet-wide targets from 2030 onwards, manufacturers will have to deploy significantly more zero-emission vehicles on the Union market. In that context, the incentive mechanism for zero- and low- emission vehicles (‘ZLEV’) would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/1242. The ZLEV incentive mechanism should therefore be removed as of 2030.deleted
2023/07/10
Committee: ITRE
Amendment 98 #

2023/0042(COD)

Proposal for a regulation
Recital 28
(28) The zero- and low-emission factor should last be applied for the reporting period of the year 2029, because it is no longer considered necessary after that time as an incentive39 to promote the market entrance of zero-emission vehicles in the heavy duty sector.
2023/07/10
Committee: ITRE
Amendment 110 #

2023/0042(COD)

Proposal for a regulation
Recital 39 a (new)
(39a) In order to speed-up the transition a mechanism, based on a carbon correction factor is introduced that reflects the CO2 intensity and the share of CO2 neutral fuels.
2023/07/10
Committee: ITRE
Amendment 111 #

2023/0042(COD)

Proposal for a regulation
Recital 39 b (new)
(39b) a new definition of "CO2 neutral fuels" is introduced to allow for renewable fuels as defined in Directive 2018/2001, including biofuels, biogas, bioliquids, biomass fuels and renewable fuels of non-biological origin or recycled carbon fuels.
2023/07/10
Committee: ITRE
Amendment 147 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 2019/1242
Article 3 – point 23 a (new)
(23a) "CO2 Neutral Fuels" means renewable fuels as defined in Directive 2018/20011a, including biofuels, bioliquids, biomass fuels nd renewable fuels of non-biological origin or recycled carbon fuels.
2023/07/10
Committee: ITRE
Amendment 153 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Regulation 2019/1242
Article 3 – point 23 b (new)
(23b) "Carbon Correction Factor" means a factor reflecting the CO2 intensity and share of CO2 neutral fuels;
2023/07/10
Committee: ITRE
Amendment 162 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3a – paragraph 1 – point b
(b) for all vehicle sub-groups for the reporting periods of the years 2030 to 2034 by 435 %,
2023/07/10
Committee: ITRE
Amendment 169 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3 a – paragraph 1 – point c
(c) for all vehicle sub-groups for the reporting periods of the years 2035 to 2039 by 655 %,
2023/07/10
Committee: ITRE
Amendment 174 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3a – Paragraph 1 – point d
(d) for all vehicle sub-groups for the reporting periods of the years 2040 onwards by 9080 %.
2023/07/10
Committee: ITRE
Amendment 191 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3b – paragraph 1
1. For vehicles referred to in point 4.2 of Annex I, manufacturers shall comply with the minimum shares of zero-emission vehicles in their fleet of new heavy-duty vehicles as laid down in point 4.3 of Annex I. For new urban buses the share of zero- emissions vehicles shall beaverage CO2 emissions shall be reduced by 80% as from the reporting period of the year 2030 and 100% as from the reporting period of the year 20305.;
2023/07/10
Committee: ITRE
Amendment 229 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2019/1242
Article 4 – paragraph 1 – point a a (new)
(5a) (a a) in Article 4, first paragraph, the following point (c) is inserted: the application of the Carbon Correction Factor (CCF) in accordance with paragraph 7 of Annex I
2023/07/10
Committee: ITRE
Amendment 237 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU) 2019/1242
Article 5 – Paragraph 1
Starting from 1 July 2020 and for each subsequent reporting period until the reporting period of the year 2029, the Commission shall determine for each manufacturer the zero- and low-emission factor for the preceding reporting period.
2023/07/10
Committee: ITRE
Amendment 263 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 17
Regulation (EU) 2019/1242
Article 14 – Paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 17 with a view to amending the following elements in Annex I to take into account technical progress, the evolution of freight transport logistics, necessary adjustments based on the application of this Regulation and amendments of the underlying type-approval legislation, in particular Regulations (EU) 2018/858 and (EU) 595/2009: (a) the criteria defining vehicle sub- groups set out in point 1.1; (b) the criteria defining vocational vehicles set out in point 1.2; (c) the criteria for the operational ranges of different powertrain technologies set out in point 1.3; (d) the list of mission profiles set out in point 1.4; (e) the weight of mission profiles set out in point 2.1; (f) the payloads, passenger numbers, passenger masses, technically permissible maximum payloads, technically permissible maximum passenger number and cargo volumes of vehicle sub-groups sg set out in point 2.5; (g) the annual mileage values set out in point 2.6.
2023/07/10
Committee: ITRE
Amendment 274 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) 2019/1242
Article 15 – first paragraph
The Commission shall, in 20287 and every year thereafter, review the effectiveness and impact of this Regulation and submit a report to the European Parliament and to the Council with the result of the review. The Commission shall in particular annually assess the deployment of charging and refuelling infrastructure for heavy duty vehicles across the Union.
2023/07/10
Committee: ITRE
Amendment 289 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 2 – point 2.3 – point 2.3.2 – paragraph 1
Regulation (EU) 2019/1242
Annex I – point 2.3.2 – title
Reporting periods from 2025 to 2029onwards
2023/07/10
Committee: ITRE
Amendment 297 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 2 – point 2.3 – point 2.3.3
Regulation (EU) 2019/1242
Annex I – point 2 – point 2.3 – point 2.3.3
2.3.3 Reporting periods as from 2030 ZLEV = 1deleted
2023/07/10
Committee: ITRE
Amendment 319 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 2.1.
2.1 Calculation of the specific CO2 emissions of a new heavy-duty vehicle The specific emissions in g/km of a new heavy-duty vehicle v attributed to a sub-group sg or of its primary vehicle shall be calculated in accordance with the following formula: 𝐶𝑂2𝑣 = ∑𝑊 𝑚𝑝 𝑠𝑔,𝑚𝑝 × 𝐶𝑂2𝑣,𝑚𝑝 𝐶𝑂2p𝑣 = ∑𝑊 𝑚𝑝 𝑠𝑔,𝑚𝑝 × 𝐶𝑂2p𝑣,𝑚𝑝𝐶𝑂2𝑣 = ∑𝑚𝑝𝑊𝑠𝑔,𝑚𝑝 × 𝐶𝑂2𝑣,𝑚𝑝× (𝟏 − 𝑪𝑪𝑭𝒊 ) 𝐶𝑂2p𝑣 = ∑𝑚𝑝𝑊𝑠𝑔,𝑚𝑝 × 𝐶𝑂2p𝑣,𝑚𝑝× (𝟏 − 𝑪𝑪𝑭𝒊 ) Where, ∑𝑚𝑝 is the sum over all mission profiles mp listed in Table 2; sg is the sub-group to which the new heavy-duty vehicle v has been attributed according to Section 1 of this Annex; Wsg,mp, is the mission profile weight specified in points 2.1.1 to 2.1.3; CO2v,mp is the CO2 emissions in g/km of the new heavy-duty vehicle v determined for a mission profile mp, reported in accordance with Articles 13a and 13b and normalised pursuant to Annex III; CO2pv,mp is the CO2 emissions in g/km of the primary vehicle of the new heavy-duty vehicle v, determined for a mission profile mp, reported in accordance with Articles 13a and 13b; CCFi is the Carbon Correction Factor for the fuel i, as defined in Article 3) and calculated according to paragraph 7 of this Annex; For zero-emissions motor vehicles the values of CO2v,mp and CO2pv,mp shall be set to 0.
2023/07/11
Committee: ITRE
Amendment 331 #

2023/0042(COD)

Proposal for a regulation
ANNEX I – point 4.2.
4.2. Vehicle sub-groups included in the calculation of average specific CO2 emissions and specific emissions targets of manufacturers X = 2025 X= NO X = MCO2 X= MZE vehicle sub- sub-groups of sub-groups of sub-groups of transport of persons groups, subject transport of transport of vehicles, subject to zero-emissions to CO2 goods vehicles, persons vehicle targets according to Article emissions subject to CO2 vehicles, 3b 3b targets emissions subject to CO2 according to targets emissions Article 3a according to targets paragraph 1 (a) Article 3a according to paragraphs Article 3a 1(b), 1(c) and paragraphs 1(d) and 1(b), 1(c) and paragraph 3 1(d) 4-UD, 4-RD, All vehicle sub- 32-C 31-L2, 32-C32, 31-LF, 31-L1, 31-L2DD, 31-DD3-LF, 33-LF,1, 4-LH, 5-RD, 5- groups referred 32-DD, 342-C2, 33-L1, 33-L23, 32-DD, 33-DD, 35-FE, 39-FE LH, 9-RD, 9- to in points 34-C3, 34-DD, 33-L2, 34-C2, LH, 10-RD, 10- 1.1.1 and 1.1.3. 34-C3, 34-DD, LH
2023/07/11
Committee: ITRE
Amendment 337 #

2023/0042(COD)

Proposal for a regulation
ANNEX I – point 4.3.1.
4.3.1. The following CO2 emissions reduction targets rfsg and rfpsg pursuant to Article 3a shall apply to vehicles in the sub-group sg for different reporting periods: CO2 reduction targets rfsg and rfpsg groups sg Reporting period of the years Sub- 2025 – 2029 2030 – 2034 2035 – 2039 As from 2040 Medium lorries 53, 54 0 4320% 6455% 980% Heavy lorries > 7,4t 1s, 1, 2, 3 0 435% 6455% 980% Heavy lorries > 16 t 4-UD, 4-RD, 15% with 4x2 and 6x4 axle 4-LH, 5-RD, configurations 5-LH, 9-RD, 435% 6455% 980% 9-LH, 10-RD, 10-LH Heavy lorries > 16 t 11, 12, 16 0 with special axle 435% 6455% 980% configurations Coaches (rfsg) 32-C2, 32- 0 C3, 32-DD, 4320% 6455% 980% 34-C2, 34- C3, 34-DD Primary vehicles of 32-C2, 32- 0 coaches (rfpsg) C3, 32-DD, 4320% 6455% 980% 34-C2, 34- C3, 34-DD Trailers 0 7,5% 7,5% 7,5% Semi-trailers 0 15% 15% 15% Or. enJustification Alignment with the amendments on Article 3a. Additionally, for vehicle groups that will only have CO2 certification in place in 2025, the targets should be adjusted further.
2023/07/11
Committee: ITRE
Amendment 343 #

2023/0042(COD)

Proposal for a regulation
ANNEX I –point 4.3.2.
4.3.2. The following zero-emission vehicle targets zevMsg pursuant to Article 3b are applicable to vehicles in the sub-group sg for different reporting periods: Zero-emission vehicle mandates zevMsg Zero-emission vehicle mandates Reporting period of the years Sub- zevMsg before 2030 2030 – 2034 2035 – 2039 As from grou 2040 Urban heavy 31-LF, 31-L1, 31- 0 10 80% 100% 100% buses DD, 33-LF, 33- L1, 33-DD, 35- FE, 39-FE, 31-L2, 33-L2
2023/07/11
Committee: ITRE
Amendment 350 #

2023/0042(COD)

Proposal for a regulation
Annex I – point 6a (new)
7. CALCULATION OF THE CARBON CORRECTION FACTOR (CCF) For each fuel or blend of fuels i, the CCFi shall be calculated according to the following method: 7.1. When the share of CO2 neutral fuels is 100%, CCFi = 1. 7.2. When the share of CO2 neutral fuels is 0%, CCFi = 0. 7.3. For blends of CO2 Neutral Fuels and conventional fuels, the CCFi shall be calculated according to the following formula: 𝑺𝑯𝑨𝑹𝑬𝑺𝒏;𝒊 𝑪𝑪𝑭𝒊 = 𝟏𝟎𝟎 Where: CCFi is the Carbon Correction Factor for a specific blend of CO2 neutral fuel i and conventional fuel. SHARESn;i is the percentage of CO2 neutral fuel i over the total consumption of fuel i, calculated from SHARES database.
2023/07/11
Committee: ITRE
Amendment 40 #

2022/2150(INI)

Motion for a resolution
Paragraph 1
1. Is concerned that the EU is one of the most exposed advanced economies to downward risks, given its geographical proximity to Ukraine and heavy reliance on gas imports from Russia; notes thaexpresses its strong concerns about the impact of high energy prices and inflation leads to the erosion of household purchasing power; highlights that a reduction in aggregate demand, combined with less favourable financing conditions, could lead to a sharp decline in investment and therefore in economic growthon households and SME’s in particular;
2023/01/11
Committee: ECON
Amendment 54 #

2022/2150(INI)

Motion for a resolution
Paragraph 2
2. Stresses that while the primary objective of the European Central Bank (ECB) is to maintain price stability, the primary objective of the Union as a whole should be to minimise the impact of current turbulences on the real economy, thereby defending the wellbeing of its citizens and preserving its production structure and the international competitiveness of its companies; underlines, in this regard, the importance of adequate and coordinated fiscal, structural and regulatory policies that complement the ECB’s monetary policy actions, which are also capable of supporting household incomes and providing targeted support to companies suffering from supply bottleneck; calls on the ECB to do whatever it takes to bring inflation down to its target level of 2% and fulfil its mand high energy costsate;
2023/01/11
Committee: ECON
Amendment 71 #

2022/2150(INI)

Motion for a resolution
Paragraph 3
3. Observes the sizeable impact of the NextGenerationEU (NGEU) instrument as estimated by the Commission, the ECB and the International Monetary Fund, in particular an increase in GDP growth of up to 1.5 % higher than without NGEU investment if the instrument is implemented effectively; stresses that NGEU is a one-off emergency instrument; recognizes that the EU economy was already in full swing recovery before payments were being reimbursed to Member States;
2023/01/11
Committee: ECON
Amendment 93 #

2022/2150(INI)

Motion for a resolution
Paragraph 5
5. Recalls the close link between the European Semester and the implementation of the RRF, whereby the national recovery and resilience plans (NRRPs) are expected to contribute effectively to addressing all or a significant subset of the challenges identified in the relevant country-specific recommendations addressed to each Member State in the context of the European Semester; calls on the Commission to halt disbursements in case a Member State does not sufficiently fulfil the required reforms;
2023/01/11
Committee: ECON
Amendment 124 #

2022/2150(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Urges the Commission to carefully monitor the risks to EU financial interests in the implementation of the RRF of any potential breach of the principles of the rule of law, with particular attention to public procurement; expects the Commission not to proceed with any payments under the RRF if milestones linked to measures to prevent, detect and correct corruption, fraud and conflicts of interest are not met;
2023/01/11
Committee: ECON
Amendment 126 #

2022/2150(INI)

Motion for a resolution
Paragraph 8
8. Highlights the essential role played by the RRF in equipping the Union with the tools needed to successfully face the global challenges stemming from the green transition and the digital transformation of the economy, along with the implementation of the European Pillar of Social Rights;deleted
2023/01/11
Committee: ECON
Amendment 134 #

2022/2150(INI)

Motion for a resolution
Paragraph 9
9. WelcomNotes the publication of the Commission’s communication on orientations for a reform of the EU economic governance framework; expressecalls concern about its delay; stresses the need to adopt legislative proposals before time runs out and the Member States to take responsibility and bring down their national debt to sustainable levels in order to protect the integrity of the Economic and Monetary Union, even though the gGeneral eEscape cClause is removed and the current legislature comes to an enhas not yet been deactivated;
2023/01/11
Committee: ECON
Amendment 142 #

2022/2150(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Stresses that a proper and credible economic governance framework is a necessary requirement for a sustainable monetary union; highlights the importance of sustainable debt levels and credible debt reduction paths for the real economy, especially in an macroeconomic environment that faces increasing interest rates;
2023/01/11
Committee: ECON
Amendment 166 #

2022/2150(INI)

Motion for a resolution
Paragraph 11
11. Notes the aim to stimulate investment and reforms by allowing Member States to have different debt reduction paths, provided that these enhance growth, improve debt sustainability and are in line with the EU’s objectives, in particular those of the green and digital transition and social resilience;
2023/01/11
Committee: ECON
Amendment 174 #

2022/2150(INI)

Motion for a resolution
Paragraph 12
12. Notes that while monetary policy is conceived and designed as a single instrument, the overall fiscal policy is the result of aggregating 19 individual fiscal policies; underlines that, apart from the recommendation on the economic policy of the euro area, coordination of actions has thus far been limited and the situation and challenges of the euro area have not been easy to factor in; highlights that it is still largely randomconsiders ift the aggregation of national fiscal policies results in a euro area fiscal stance which is appropriate and consistent with monetary policy; regrets that the Commission’s communication does not encompass rules or instruments that allow for the management of the euro area fiscal stancerefore all the more important that Member States comply with the rules and regulations of the Stability and Growth Pact;
2023/01/11
Committee: ECON
Amendment 28 #

2022/2142(INI)

Draft opinion
Paragraph 3
3. Recalls that Article 48(7) of the Treaty on European Union provides for two general passerelle clauses that allow the decision-making procedures to be changed in order to adopt measures in Council through qualified majority voting (QMV) in areas that are currently subject to unanimity; regrets the fact that these passerelle clauses have never been used; recalls that activating the passerelle clauses would in any case require unanimity in the European Council and Parliament’s consent;
2023/01/25
Committee: ECON
Amendment 36 #

2022/2142(INI)

Draft opinion
Paragraph 4
4. Recommends using the two general passerelle clauses for selected Treaty articles concerning the EU’s competences in the area of taxation; recalls that the Commission communication of 15 January 2019 entitled ‘Towards a more efficient and democratic decision making in EU tax policy’ (COM(2019)0008) and the conclusions of the Conference on the Future of Europe both recommended moving from unanimity voting to QMV on tax matters.deleted
2023/01/25
Committee: ECON
Amendment 16 #

2022/2081(DEC)

Draft opinion
Paragraph 5
5. Recognises the critical role performed by UNRWA in providing Palestine refugees with vital services; commends the results of the study on Palestinian schoolbooks performed by the Georg Eckert Institute, confirming that they adhere to UNESCO standards and adopt criteria that are prominent in international education discourse.
2022/12/12
Committee: AFET
Amendment 35 #

2022/2081(DEC)

Motion for a resolution
Paragraph 12
12. Underlines the increasing need to ensure the transparency of NGOs and of their funding, as they are important actors in the implementation of the Union budget, especially in the area of external action; is concerned by the funding of projects carried out by or involving NGOs with links to radical religious and political organisations, such as the Muslim Brotherhood; urges the Commission to set up ex ante mechanisms clearly identifying NGOs operating on EU territory and abroad that have acknowledged ties to religious fundamentalist networks and push forward an agenda that is undermining EU values, such as the freedom of thought, the freedom of speech and equality between men and women, under the disguise of for instance promoting inclusion, fighting discrimination and providing humanitarian assistance; demands the Commission to re-evaluate its identification of entities as NGOs, improving the reliability of information (making sure to have them registered as lobbyists, having clearly established whether they stand for the topics they claim they represent, and having insight into their financing); demands the disclosure of their financing be it private (e.g. NGOs financed by the industrial actors) or public; recalls that as regards public funding, the Union basic acts regulate how transparency and visibility in this regard need to be handled, therefore reminds the Commission about the responsibility it has to check the compliance with rules and procedures, especially rules and procedures on sub- granting to NGOs; moreover, demands that the Commission provides the discharge authority with clear information about the total amount of Union funds implemented by NGOs;
2023/03/08
Committee: CONT
Amendment 175 #

2022/2081(DEC)

Motion for a resolution
Paragraph 105 a (new)
105a. Deplores that hateful material in Palestinian textbooks and study cards has still not been removed; is highly concerned by the rising implication of teenagers in terrorist attacks directed toward Israelis; urges the European Commission to ensure that salaries of teachers and education sector civil servants that are financed from Union funds, such as under PEGASE, be used for drafting and teaching curricula that reflect the UNESCO standards of peace, tolerance, coexistence, and non-violence, as was decided upon by Union education ministers in Paris on 17 March 2015; and Parliament decisions on discharge in respect of the implementation of the general budget of the European Union for the financial years 2016, 2018, 2019 and 2020; requests therefore once more the Commission to closely scrutinise educational materials that are funded by the Union and that the Palestinian Authority (PA) and relevant experts modify the curriculum of the Palestinian textbooks and study cards expeditiously;
2023/03/08
Committee: CONT
Amendment 39 #

2022/2079(INI)

Motion for a resolution
Recital G a (new)
G a. (Recital H) whereas the need for structured support for innovation and technological progress should not oversee that innovation essentially comes about through competition and the spirit of research and not through bureaucratic planning;
2022/12/08
Committee: ITRE
Amendment 42 #

2022/2079(INI)

Motion for a resolution
Recital G b (new)
G b. (Recital I) whereas increased involvement of SME enhances the competitiveness in the security and defence sector;
2022/12/08
Committee: ITRE
Amendment 43 #

2022/2079(INI)

Motion for a resolution
Recital G c (new)
G c. (Recital J) whereas access to finance for the security and defence industry must not be restricted through EU regulations;
2022/12/08
Committee: ITRE
Amendment 44 #

2022/2079(INI)

Motion for a resolution
Recital G d (new)
G d. (Recital K) whereas data sharing is key to analysing strategic gaps and realizing the potential for technological progress, while the protection of intellectual property and sensitive business data must be guaranteed;
2022/12/08
Committee: ITRE
Amendment 45 #

2022/2079(INI)

Motion for a resolution
Recital G e (new)
G e. (Recital L) whereas the cooperation with strategic partners outside the European Union, especially the NATO allies but also the associated and likeminded partners in the world is key for enhancing innovation and technological progress;
2022/12/08
Committee: ITRE
Amendment 58 #

2022/2079(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. (Point 3) Welcomes the Commission’s proposal to overcome the current devision between civil, defence and security research, development and innovation (RD&I); calls on the Commission to better connect civil, defence and security EU programmes and instruments with the relevant stakeholders in particular in the field of innovation; calls for better targeted investment in common research and development;
2022/12/08
Committee: ITRE
Amendment 67 #

2022/2079(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the Commission’s setting up an observatory of critical technologies; calls on the Commission to fully integrate the findings of the observatory in its classified report to Member States on critical technologies and risks associated with strategic dependencies affecting security, space and defence; stresses the need for the Commissionemphasises that at all times the protection of intellectual property and sensitive business data must be guaranteed; stresses the need for the Commission in cooperation with the European Defence Agency to further coordinate and facilitate cooperation between the Member States in order to address the existing technology gaps;
2022/12/08
Committee: ITRE
Amendment 74 #

2022/2079(INI)

Motion for a resolution
Paragraph 5
5. Notes that the there is a risk of dependency for the supply of critical materials and of overstretched supply chains that may affect the EU’s capability to stay competitive in the field of critical technologies for security and defence; calls on the Commission to take the lead with a special research programme on how to promote circularity and on new materials for critical technologies so as to minimise the EU’s dependency on third countries;
2022/12/08
Committee: ITRE
Amendment 80 #

2022/2079(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the creation of an EU defence innovation scheme and the ongoing work with various tools relating to defence and new and dual-use technologies in order to help innovative start-ups and small and medium-sized enterprises overcome high technological, administrative, regulatory and market entry hurdles; calls on the Commission to encourage Member States, as the end users, to fully utilise cross-border innovation networks; calls on the Commission to closely work together with the Hub on European Defence Innovation (HEDI) established in the European Defence Agency;
2022/12/08
Committee: ITRE
Amendment 86 #

2022/2079(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. (new point) Calls on the Commission to examine EU procurement directives with regard to barriers for start-ups and small businesses especially in the area of innovation with particular risks of project non-success and to encourage Member States to avoid such barriers in their implementation;
2022/12/08
Committee: ITRE
Amendment 90 #

2022/2079(INI)

Motion for a resolution
Paragraph 7
7. Acknowledges the need for close coordination with associated and like- minded partners such as the United States and NATO; welcomes the commitment by the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to exploring EU-US cooperation in the context of the EU-US Trade and Technology Council; welcomes the Commission’s and the VP/HR’s commitment to exploring mutually agreed and beneficial interactions between the EU’s and NATO’s initiatives focused on new technologies;
2022/12/08
Committee: ITRE
Amendment 99 #

2022/2079(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. (new point) Stresses the importance that SMEs and start-ups play in innovation and development and calls for specific programs and instruments to include them into the future implementation of the roadmap for critical technologies in security and defence;
2022/12/08
Committee: ITRE
Amendment 102 #

2022/2079(INI)

Motion for a resolution
Paragraph 9
9. Stresses the need for closer cooperation between the Member States on capability development to boost innovation in critical technologies for security and defence; calls on the relevant EU bodies to prioritize joint projects for EU financed und co-financed innovation in critical technology for security and defence and to act as catalysts and accelerators to encourage the Member States to coordinate their capability development programmes;
2022/12/08
Committee: ITRE
Amendment 127 #

2022/2079(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. (new point) Emphasises that the access to finance for the security and defence industry must not be restricted by EU regulation; notes that this could lead to a migration of investments away from the security and defence sector; refers to the Strategic Compass for Security and Defence that stated that initiatives on sustainable finance remain consistent with the European Union efforts to facilitate the European defence industry’s sufficient access to private finance and investment
2022/12/08
Committee: ITRE
Amendment 135 #

2022/2079(INI)

Motion for a resolution
Paragraph 14
14. Encourages innovation based on increased resource efficiency, development of new materials, promotion of secondary raw materials and more sustainable public procurement, and the use of environmentally sustainable technology solutions; calls on the Commission to explore in cooperation with the European Defence Agency the way forward on sustainable security and defence technologies and how the EU’s security and defence industries and the EU’s resilience could benefit;
2022/12/08
Committee: ITRE
Amendment 144 #

2022/2079(INI)

Motion for a resolution
Paragraph 15
15. Highlights that Russia’s war against Ukraine has repeatedly demonstrated the effectiveness of disruptive technologies that often come at relatively low cost while having a powerful impact on the battlefield against large weapon systems and formations; calls on the Commission to conduct a study in cooperation with the Ukranian Government and NATO- Partners on the lessons identified from the war in Ukraine with regard to critical technologies for security and defence;
2022/12/08
Committee: ITRE
Amendment 36 #

2022/2064(INI)

Motion for a resolution
Recital A
A. whereas enlargement is the most effective EU foreign policy instrument and one of the Union’s most successful policies, and it remainsa very powerful policy instrument and a strategic investment in stability and prosperity on the European continent;
2022/07/11
Committee: AFET
Amendment 64 #

2022/2064(INI)

Motion for a resolution
Recital B a (new)
B a. whereas enlargement policies must be updated by taking into consideration both political context and realities, while at the same time maintaining the importance of a merit-based accession process;
2022/07/11
Committee: AFET
Amendment 84 #

2022/2064(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the Republic of Moldova and Ukraine received candidacy status following the European Council Summit on 23 June 2022;
2022/07/11
Committee: AFET
Amendment 87 #

2022/2064(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the Council’s decision should be followed by a concrete action plan that not only includes expected deliverables from the candidate countries, but also ensures that the Republic of Moldova and Ukraine have all the necessary support to become EU Member States both in spirit and in law;
2022/07/11
Committee: AFET
Amendment 88 #

2022/2064(INI)

Motion for a resolution
Recital C c (new)
C c. whereas Georgia is on the right track to join the EU, and its citizens deserve a clear roadmap with tangible requirements to be fulfilled in order to be granted candidate status and the perspective to join the block;
2022/07/11
Committee: AFET
Amendment 98 #

2022/2064(INI)

Motion for a resolution
Recital D
D. whereas each enlargement country should be judged on its own merits avoiding bilateral biases or conflicts between Member States and aspiring countries;
2022/07/11
Committee: AFET
Amendment 121 #

2022/2064(INI)

Motion for a resolution
Paragraph 1 – point a
(a) recognise that the EU’s prosperity and security rests on its ability to defend democracy, the rule of law, human rights and freedoms, and the rules- based multilateral order;
2022/07/11
Committee: AFET
Amendment 135 #

2022/2064(INI)

Motion for a resolution
Paragraph 1 – point b
(b) retain the geostrategic relevance and credibility of the EU by enhancing integration in the areas of common foreign, security and defence policies, and by streamlining its decision-making processes, while at the same time strengthening its existent internal policies and making them transparent and easily adaptable by candidate countries;
2022/07/11
Committee: AFET
Amendment 162 #

2022/2064(INI)

Motion for a resolution
Paragraph 1 – point e
(e) strengthen Member States’ commitment to enlargement by delivering on EU’s obligationsa common EU approach towards the Western Balkan countries;
2022/07/11
Committee: AFET
Amendment 255 #

2022/2064(INI)

Motion for a resolution
Paragraph 1 – point m a (new)
(m a) multiply exchanges to promote best-practices between MS and candidate countries;
2022/07/11
Committee: AFET
Amendment 257 #

2022/2064(INI)

Motion for a resolution
Paragraph 1 – point m b (new)
(m b) open sectoral cooperation with pre-accession countries, in order to strengthen their partnership with the EU and facilitate future integration;
2022/07/11
Committee: AFET
Amendment 317 #

2022/2064(INI)

Motion for a resolution
Paragraph 1 – point s
(s) prioritise the alignment of accession countries with the EU’s common foreign and security policy and continue accession negotiations with Serbia only if the country aligns with EU sanctions against Russia and shows progress in democracy, rule-of-law and embraces EU values and priorities;
2022/07/11
Committee: AFET
Amendment 437 #

2022/2064(INI)

Motion for a resolution
Paragraph 1 – point af a (new)
(af a) bolster youth exchange programs, especially in the area of education to enrich European spirit and way of life.
2022/07/11
Committee: AFET
Amendment 444 #

2022/2064(INI)

Motion for a resolution
Paragraph 1 – point ag a (new)
(ag a) include candidate countries in our energy policy strategies, especially Moldova and Ukraine gravely dependent on Russian gas and hugely impacted because of their choice to join the European Union.
2022/07/11
Committee: AFET
Amendment 11 #

2022/2061(INI)

Motion for a resolution
Citation 27
— having regard to the analysis by the Economic Governance Support Unit of Parliament’s Directorate-General for Internal Policies of April 2022 entitled ‘Institutional Protection Schemes: what are their differences, strengths, weaknesses and track records?’,deleted
2023/02/20
Committee: ECON
Amendment 12 #

2022/2061(INI)

Motion for a resolution
Citation 28
— having regard to the analysis by the Economic Governance Support Unit of Parliament’s Directorate-General for Internal Policies of April 2022 entitled ‘Institutional Protection Schemes in the Banking Union’,deleted
2023/02/20
Committee: ECON
Amendment 47 #

2022/2061(INI)

Motion for a resolution
Recital F
F. whereas the role of the banking sector is crucial to the recovery from recent crises, especially to SMEs, and to the transition to a sustainable economy;
2023/02/20
Committee: ECON
Amendment 66 #

2022/2061(INI)

Motion for a resolution
Recital I
I. whereas ensuring high-level and equal protection of all investors and depositors is at the core of the BU and the Capital Markets Union;
2023/02/20
Committee: ECON
Amendment 105 #

2022/2061(INI)

Motion for a resolution
Paragraph 3
3. Stresses that the EU should fairly and fully implement the Basel III reform in a timely mannerarget- oriented manner allowing for a sufficient implementation phase for banks; highlights that additional topics should not be introduced at this stage of the negotiations;
2023/02/20
Committee: ECON
Amendment 120 #

2022/2061(INI)

Motion for a resolution
Paragraph 4
4. NotWelcomes that the ECB has decided to raise its main interest rates from 0 % to 2 % for the main refinancing operation rate;
2023/02/20
Committee: ECON
Amendment 140 #

2022/2061(INI)

Motion for a resolution
Paragraph 6
6. WelcomeFollows the ongoing work by the ECB on the digital euro with utmost interest; looks forward to the Commission’s legislative proposal and the ECB Governing Council’s decision on the digital euro;
2023/02/20
Committee: ECON
Amendment 175 #

2022/2061(INI)

9. Notes that since the beginning of 2022, the Common Equity Tier 1 ratio of SSM banks has decreased to 14.96 % and the liquidity coverage ratio has also decreased to 164.36 %5 ; welcomes that the stock of non-performing loans in banks’ balance sheets has continued to decrease, while differences between different Member States remain high; underlines that banks should keep sufficient capital and liquid assets on hand to cope with the economic repercussions of the Russian war; _________________ 5 ECB, ‘Publication of supervisory data’, accessed 15 December 2022.
2023/02/20
Committee: ECON
Amendment 206 #

2022/2061(INI)

12. Highlights that banks have a crucial role to play in enabling the transition towards a sustainable economy; calls for environmental, social and governance (ESG) risks to be included in the prudential frameworkstresses, that the financing of this transition, especially regarding SMEs, should not be jeopardised by overly restrictive regulation and reporting standards;
2023/02/20
Committee: ECON
Amendment 233 #

2022/2061(INI)

Motion for a resolution
Paragraph 16
16. Notes that crypto-assets create new challenges for banksand opportunities within the financial system; welcomes the forthcoming adoption of the regulation on markets in Crypto-assets in this regard;
2023/02/20
Committee: ECON
Amendment 242 #

2022/2061(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Points out the necessity to ensure conformity between horizontal measures and financial market regulation particularly with regard to cyber security and digital policies to avoid duplication and bureaucratic burden;
2023/02/20
Committee: ECON
Amendment 252 #

2022/2061(INI)

Motion for a resolution
Paragraph 19
19. Takes note of the SRB’s work programme for 2023; emphasises that the Single Resolution Fund should be fully filled up and that allthe relevant banks should be fully resolvable by the end of 2023; notes that further progress is needed by all banks;
2023/02/20
Committee: ECON
Amendment 263 #

2022/2061(INI)

Motion for a resolution
Paragraph 20
20. Points out the need to address the loopholes identified in the resolution framework; asks that the public interest assessment be further specified and harmonised; calls for greater harmonisation of the treatment of small and medium-size banks while taking due account of the specificities in national banking sectors; stresses that the resolution framework and State aid rules should be consistent;
2023/02/20
Committee: ECON
Amendment 271 #

2022/2061(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission to put forward an ambitious and comprehensive review of the crisis management and deposit insurance framework; recalls that protecting taxpayer money is one of the main objectives of the resolution framework and that losses should primarily be borne by shareholders and creditors;
2023/02/20
Committee: ECON
Amendment 279 #

2022/2061(INI)

Motion for a resolution
Paragraph 23
23. Regrets that the BU is still incomplete owing to the absence of an EDIS; recognises that the EDIS would improve protection for depositors in the EU; recalls that the EDIS is the most tangible; takes note of the on-going discussion of risk-sharing mechanisms such as CMDI and EDIS; calls for an elxement of the BU for EU citizens; considers that the EDIS would provide an additional safeguard to host Member States and could therefore contribute to addressing home/host issuesption for banks that already have a well-established institutional protection scheme;
2023/02/20
Committee: ECON
Amendment 281 #

2022/2061(INI)

Motion for a resolution
Paragraph 23
23. Regrets that the BU is still incomplete owing to the absence of an EDIS; recognises that the EDIS would improve protection for depositors in the EU; recall; considers that bothe EDIS is the most tangible element of the BU for EU citizens; considers that the EDIS wand CMDI could provide an additional safeguard to host Member States and could therefore contribute to addressing home/host issues;
2023/02/20
Committee: ECON
Amendment 292 #

2022/2061(INI)

Motion for a resolution
Paragraph 24
24. Acknowledges the progress made regarding the reduction of risks in the banking sector; calls for a risk sharing mechanism, while continuing the risk reduction trendfair and incentive-compatible risk sharing mechanism as soon as the risk level in all EU countries is comparable;
2023/02/20
Committee: ECON
Amendment 297 #

2022/2061(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Considers that prudent risk management requires proper regulatory treatment of sovereign exposure; highlights in this regard that capital requirements must reflect the actual risk borne by banks in the market;
2023/02/20
Committee: ECON
Amendment 299 #

2022/2061(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Recognises risk reduction as a precondition for the establishment of risk- sharing mechanisms such as EDIS;
2023/02/20
Committee: ECON
Amendment 302 #

2022/2061(INI)

Motion for a resolution
Paragraph 25
25. Points out that any EDISuropean deposit insurance should take into account clear rules for the participation of non- euro-area Member States;
2023/02/20
Committee: ECON
Amendment 307 #

2022/2061(INI)

Motion for a resolution
Paragraph 26
26. WelcomAcknowledges the statement by the negotiation team announcingcalling for the reopening of discussions on the EDIS at Parliamentwhile respecting the Council's decision to work on CMDI; calls for the co-legislators to reach an agreement on the file before the end of the legislative period;
2023/02/20
Committee: ECON
Amendment 14 #

2022/2051(INL)

Draft opinion
Paragraph 1 a (new)
1 a. Calls to follow the principles of a social Market Economy, Subsidiarity, Intergenerational Fairness, proportionality, performance-based living standards and the Rule of Law;
2022/11/11
Committee: ECON
Amendment 23 #

2022/2051(INL)

Draft opinion
Paragraph 2
2. Supports an economic governance framework that ensures stability, full employment, strategic and sustainable investments, democratic accountability and ownership, and fiscal policies and instrumentthat allow the member states to counteract shocks;
2022/11/11
Committee: ECON
Amendment 31 #

2022/2051(INL)

Draft opinion
Paragraph 3
3. Calls for the economic governance to be redesigned taking into account lessons learned from the NGEU and SURE processes;deleted
2022/11/11
Committee: ECON
Amendment 56 #

2022/2051(INL)

Draft opinion
Paragraph 4
4. Urges that the framework of the ECB’s accountability to Parliament be improved; Calls for a more comprehensive definistricter orientation ofat the price stability and the ways to achieve mary objective namely the price stability;
2022/11/11
Committee: ECON
Amendment 77 #

2022/2051(INL)

Draft opinion
Paragraph 5
5. Underlines the numerous impediments to essential EU tax initiatives over the past decades; calls for gradual change that would allow QMV in certain tax questions;
2022/11/11
Committee: ECON
Amendment 91 #

2022/2051(INL)

Draft opinion
Paragraph 6
6. Highlights the new challenges for Union’s competition policy, which require that the Treaty be amended to align it with the goals of the Green Deal and the pillar of social rights and supp through large international digital corporations; highlights the positive effects that SMEs have on the economy and society, and the necessity to have a level playing field fort the Union´s strategic autonomy in key sectorm; underlines the difficulties that overregulation brings especially for SMEs;
2022/11/11
Committee: ECON
Amendment 38 #

2022/2048(INI)

Motion for a resolution
Recital B
B. whereas the Russian war of aggression against Ukraine was a wake-up call for the European Union, presenting a real threat to European security, underlining the need and creating a momentum to achieve a geopolitical redefinition of the CFSP; whereas it is also an opportunthe war against Ukraine highlights the necessity for the Member States to show the political will to transform the CFSP into a fully fledged European policy;
2022/10/24
Committee: AFET
Amendment 89 #

2022/2048(INI)

Motion for a resolution
Paragraph 3
3. Recalls that the Strategic Compass, adopted by the Council in March 2022, gives the EU the tools to be both an effective security provider in a hostile environment and a more assertive global actor for peace and human security, and therefore calls for its swift and full implementation;
2022/10/24
Committee: AFET
Amendment 132 #

2022/2048(INI)

Motion for a resolution
Paragraph 6 – point a
(a) switching progressively to qualified majority voting for decisions in areas of the CFSP that do not have military or defence implications, as well as for other EU external policy tools such as the EU Global Human Rights Sanctions Regime, by using the passerelle clauses provided for in the Treaties;
2022/10/24
Committee: AFET
Amendment 146 #

2022/2048(INI)

Motion for a resolution
Paragraph 6 – point e
(e) providing sufficient funding at EU and Member State level to respond without delay to current, emerging and future challenges; calls in particular for increased financing for EU external action, including for the European Defence Fund;
2022/10/24
Committee: AFET
Amendment 149 #

2022/2048(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Welcomes the European Commission's intention to extend the scope of the EU Global Human Rights Sanctions Regime to include acts of corruption thereby acknowledging the close link between corruption and human rights violations;
2022/10/24
Committee: AFET
Amendment 230 #

2022/2048(INI)

Motion for a resolution
Paragraph 11
11. Underlines the importance of stepping up the EU’s efforts, in cooperation with NATO and other international partners, to address hybrid threats, cyberattacks, disinformation and, propaganda campaigns and to protect critical infrastructure;
2022/10/24
Committee: AFET
Amendment 234 #

2022/2048(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Welcomes the EU's steps to reduce its dependency on Russia and to diversify its energy supply sources, a longstanding call of the European Parliament; stresses that the any cooperation with third countries in the energy field may not undermine the EU's commitment to defend human rights;
2022/10/24
Committee: AFET
Amendment 274 #

2022/2048(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Supports the European Political Community as a forum for dialogue and cooperation on issues of common interest and to strengthen the security of the European continent; welcomes that 44 countries took part in the first meeting in Prague, including close partners such as the UK;
2022/10/24
Committee: AFET
Amendment 285 #

2022/2048(INI)

Motion for a resolution
Paragraph 14
14. Highlights the need to intensify the dialogue with the UK on possible avenues for future cooperation and coordination in the area of foreign and security policy, including in the framework of the EU- NATO partnership, the United Nations and other international forums; welcomes the UK's participation in the first meeting of the European Political Community;
2022/10/24
Committee: AFET
Amendment 299 #

2022/2048(INI)

Motion for a resolution
Paragraph 16
16. Takes note of the outcome of the EU-China Summit; reiterates its requests for a renewed, more assertive EU-China strategy that shapes relations with China in the interest of the EU as a whole and takes full account of the challenges stemming from China's rise as a global actor; calls on the EU and Member States to consider their dependency on China and address economic dependencies in strategic sectors that may result in vulnerabilities; underscores the necessity of ensuring that any support to Russia’s war in Ukraine and any circumvention of the effects of the sanctions against Russia by China must have consequences for its relations with the EU; believes that the no- limits partnership between China and Russia and China's efforts to prevent a debate in the UN Human Rights Council on Xinjiang abuses are exemplary of our systemic rivalry with China;
2022/10/24
Committee: AFET
Amendment 318 #

2022/2048(INI)

Motion for a resolution
Paragraph 17
17. Strongly condemns China's continued military provocations against Taiwan and reiterates its firm rejection of any unilateral change to the status quo in the Strait of Taiwan; denounces statements by the Chinese president that China will never renounce the right to use force over Taiwan; Calls on the Commission and the VP/HR to establish strategic cooperation with Taiwan;
2022/10/24
Committee: AFET
Amendment 369 #

2022/2048(INI)

Motion for a resolution
Paragraph 22 a (new)
22b. Welcomes the setting up of a monitoring capacity along the Armenian- Azerbaijan border to monitor the situation in the region, build confidence and contribute to restoring peace and security;
2022/10/24
Committee: AFET
Amendment 376 #

2022/2048(INI)

Motion for a resolution
Paragraph 22 b (new)
22b. Calls on the EU to continue to support the Belarus people in their ongoing struggle for a free and democratic Belarus; condemns Lukashenka's active role in supporting the war in Ukraine and building up tensions; denounces Lukashenka's regime and Russia's disinformation regarding so- called threats to the Belarusian territory;
2022/10/24
Committee: AFET
Amendment 414 #

2022/2048(INI)

Motion for a resolution
Paragraph 24 d (new)
24d. Takes note of the Türkiye 2022 report presented by the European Commission on 12 October 2022; is highly concerned by the fact that the Turkish government has not reversed the negative trend in relation to reform, that concerns on the deterioration of democracy, the rule of law, fundamental rights and the independence of the judiciary have not been addressed and that Türkiye’s foreign policy continued to be at odds with the EU priorities under the CFSP, with an alignment rate of only 7 % in the reporting period; reiterates its position of 18 May 2022 in which it states that it cannot envisage any resumption of the accession negotiations with Turkey;
2022/10/24
Committee: AFET
Amendment 433 #

2022/2048(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Is concerned by the dire economic and humanitarian situation in Afghanistan as well as by the rights of women and girls in the country; supports the five key benchmarks that were adopted by the Council on 21 September 2021 and serve as guiding principles for future engagement with the Taliban but believes that a major effort in defining a long-term strategy is needed to address the human rights emergency and gender apartheid occurring in Afghanistan today;
2022/10/24
Committee: AFET
Amendment 445 #

2022/2048(INI)

Motion for a resolution
Paragraph 26
26. Calls for a swift restoration and full implementation by all parties of the Joint Comprehensive Plan of Action, which is a cornerstone of non-proliferation and the stabilisation of the Middle East and the Gulf region; welcomes the adoption of targeted sanctions against the Iranian regime, including Iran's Morality Police, for the violent crackdown on peaceful protestors; calls for a strong EU response to Iran's involvement in Russia's war against Ukraine;
2022/10/24
Committee: AFET
Amendment 466 #

2022/2048(INI)

Motion for a resolution
Paragraph 28
28. Condemns in the strongest possible terms the Russian war of aggression against Ukraine and calls on the Russian leadership to end it immediately and withdraw unconditionally from Ukraine and any other country whose territory, or parts thereof, it has unlawfully occupied; urges the international community to hold Russia accountable for the countless war crimes and human rights violations its armed forces have perpetrated in Ukraine and elsewhere, and reaffirms that Russia will have to pay compensation for all of the damage and destruction it has caused in Ukraine; welcomes the adoption of the latest sanctions package against Russia; calls however on the Council to extend the list of individuals directly targeted by EU sanctions, taking into account the list of 6 000 individuals presented by Alexei Navalny’s Foundation;
2022/10/24
Committee: AFET
Amendment 501 #

2022/2048(INI)

Motion for a resolution
Subheading 4
Enhancing parliamentaryStrengthening diplomacy as a foreign policy tool, including parliamentary diplomacy
2022/10/24
Committee: AFET
Amendment 511 #

2022/2048(INI)

Motion for a resolution
Paragraph 35 a (new)
35a. Calls on all EU institutions and agencies as well as the EU Member States to be sufficiently engaged in the fight against disinformation and propaganda undermining its policies by increasing strategic communication and narrative on its work; calls to increase support to EU delegations and missions for strategic communication;
2022/10/24
Committee: AFET
Amendment 10 #

2022/2037(INI)

Motion for a resolution
Citation 10
— having regard to Articles 123(1), 125, 127(1) and (2), 130, 282(2) and 284(3) of the Treaty on the Functioning of the European Union,
2022/10/14
Committee: ECON
Amendment 34 #

2022/2037(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the primary objective of the ECB is to maintain price stability, which it has defined as 2% inflation over the medium term;
2022/10/14
Committee: ECON
Amendment 37 #

2022/2037(INI)

Motion for a resolution
Recital C b (new)
C b. whereas the ECB is politically independent, so that neither EU institutions and agencies, nor governments of the Members States, shall seek to influence the ECB;
2022/10/14
Committee: ECON
Amendment 60 #

2022/2037(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Expresses its deep concern about the historically high and increasing levels of inflation throughout the eurozone; recalls that the ECB is the institution responsible for maintaining price stability;
2022/10/14
Committee: ECON
Amendment 64 #

2022/2037(INI)

Motion for a resolution
Paragraph 2
2. Highlights that the statutory independence of the ECB, as laid down in the Treaties, is a prerequisite for it to fulfil its mandate; stresses that this independence must remain untouched at all times; emphasises that this independence requires the ECB to refrain from taking political decisions;
2022/10/14
Committee: ECON
Amendment 70 #

2022/2037(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the Republic of Croatia as the 20th member country of the euro area; stresses that participation in the monetary union comes with the responsibilities enshrined in the Stability and Growth Pact;
2022/10/14
Committee: ECON
Amendment 93 #

2022/2037(INI)

Motion for a resolution
Paragraph 5
5. WelcomNotes President Lagarde’s statement that the current geopolitical crisis requires us to progress on EU fiscal integration; recalls that the Economic and Monetary Union cannot function smoothly without a fiscal capacity at European levelrequires solid fiscal policies in Member States in order to be able to respond to external shocks;
2022/10/14
Committee: ECON
Amendment 101 #

2022/2037(INI)

Motion for a resolution
Paragraph 6
6. Echoes President Lagarde’s call for a swift revision and simplification of the Stability and Growth Pact;deleted
2022/10/14
Committee: ECON
Amendment 122 #

2022/2037(INI)

Motion for a resolution
Paragraph 8
8. Takes note ofWelcomes recent ECB monetary policy decisions to raise rates by 50 and 75 basis points in July and September 2022; is concerned about the implications of such policy decisions for growth and employment; notes that inflation is currently much higher than the ECB’s target rate of 2%; encourages the ECB to take all measures necessary to bring inflation back to its target level; regrets in this regard that monetary policy is still accommodative;
2022/10/14
Committee: ECON
Amendment 141 #

2022/2037(INI)

Motion for a resolution
Paragraph 9
9. Observes that there is little evidence that rising inflation is spurring a wage-price spiral, not least given the extent of wage restraint in recent years; warns against the danger of a wage-price spiral if wages are to increase significantly;
2022/10/14
Committee: ECON
Amendment 159 #

2022/2037(INI)

Motion for a resolution
Paragraph 11
11. WelcomeRegrets the ECB’s decision not to engage in quantitative tightening; stresses that quantitative easing amounts economically to monetary financing, which is prohibited by article 123(1) TFEU, if the ECB does not shrink back its balance sheet;
2022/10/14
Committee: ECON
Amendment 170 #

2022/2037(INI)

Motion for a resolution
Paragraph 12
12. Stresses that an even transmission of monetary policy is vital to the achievement of the ECB’s price stability mandate; notes the ECB’s decision on 15 June 2022 to apply flexibility in reinvesting redemptions that are due under the pandemic emergency purchase programme; welcomes the launch of the Transmission Protection Instrument to support the effective transmission of monetary policy across the euro area;
2022/10/14
Committee: ECON
Amendment 177 #

2022/2037(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Regrets the launch of the Transmission Protection Instrument; calls on the ECB to respect the spirit of the prohibition of monetary financing; calls on the ECB to respect the capital key when executing its monetary operations in order to prevent uneven financial support to Member States;
2022/10/14
Committee: ECON
Amendment 180 #

2022/2037(INI)

Motion for a resolution
Paragraph 12 b (new)
12 b. Stresses that diverging interest rates in the eurozone are the result of increasing risk premia on government bonds in some Member States; stresses that the Transmission Protection Instrument would merely conceal the symptoms of loose fiscal policy; calls on Member States to conduct fiscally responsible fiscal policies and reduce their debt to sustainable levels;
2022/10/14
Committee: ECON
Amendment 198 #

2022/2037(INI)

Motion for a resolution
Paragraph 14
14. Recalls that the Treaty on the Functioning of the European Union requiresstates that the ECB toshall support the general economic policies of the Union, without prejudice to its primary objective of maintaining price stability;
2022/10/14
Committee: ECON
Amendment 204 #

2022/2037(INI)

Motion for a resolution
Paragraph 15
15. Calls on the ECB to coordinate with the European Parliament to specify the secondary objectives; suggests taking advantage of this resolution to specify and prioritise the policy areas where the ECB is expected to deliver on its secondary objectives;deleted
2022/10/14
Committee: ECON
Amendment 218 #

2022/2037(INI)

Motion for a resolution
Paragraph 16
16. Considers high levels of sustainable growth and investment to be key economic goals; calls on the ECB to consider how its monetary policy stance will impact thostresses that these objectives are best achieved when the free market operates in a stable macroeconomic environment based objectin predictable price levels;
2022/10/14
Committee: ECON
Amendment 233 #

2022/2037(INI)

Motion for a resolution
Paragraph 18
18. Reaffirms that achieving the Union’s climate goals and ensuring a just transition are one of the top priorities of the EU’s general economic policies, which the ECB is expected to support through maintaining price stability and a stable macroeconomic environment that stimulates investment in clean technologies, as well as preventing distortions in the signalling function of prices that ensures an efficient allocation of resources;
2022/10/14
Committee: ECON
Amendment 237 #

2022/2037(INI)

Motion for a resolution
Paragraph 19
19. Considers that the ECB should contribute to reducing inequality; calls on the ECB to ensure that the costs of its monetary policy operations are not disproportionately borne by lower income strata; invites the ECB to assess the effects of italls on the ECB to refrain from taking politically motivated decisions and stick to its mandate of maintaining price stability; stresses that overstepping this mandate touches monetary policy decisions on employment the political independence of the central bank;
2022/10/14
Committee: ECON
Amendment 246 #

2022/2037(INI)

Motion for a resolution
Paragraph 20
20. Stresses that addressing the climate emergency and the euro area’s dependence on fossil fuels touches not only upon the ECB’s secondary mandate, but also its primary mandate, given the serious threat these issues pose tothe best way the ECB can contribute to mitigating climate change is to ensure price stability and a stable macroeconomic environment that encourages green investment; invites the ECB to assess to what extent climate change affects its ability to maintain price stability;
2022/10/14
Committee: ECON
Amendment 256 #

2022/2037(INI)

Motion for a resolution
Paragraph 21
21. WelcomNotes the Governing Council’s decision to take further steps to include climate change considerations in the Eurosystem’s monetary policy framework;
2022/10/14
Committee: ECON
Amendment 263 #

2022/2037(INI)

Motion for a resolution
Paragraph 22
22. WelcomNotes the ECB’s announcement to decarbonise its corporate bond holdings; calls for the ‘tilting’ of the ECB’s portfolio to be swift rather than gradual; stresses that the ECB’s asset purchasing programs constitute unconventional monetary policy which should be employed during unprecedented economic circumstances only; stresses furthermore that these holdings are a by-product of the past fight against low inflation and that making investments does not constitute an objective of monetary policy;
2022/10/14
Committee: ECON
Amendment 270 #

2022/2037(INI)

Motion for a resolution
Paragraph 23
23. WelcomNotes, furthermore, the 23. announcement on the greening of the ECB’s collateral framework; regrets, however, that this will be limited to instruments issued by non-financial corporations, which represent only a small fraction of the instruments that banks pledge as collateralinsist that the ECB respects the market neutrality principle;
2022/10/14
Committee: ECON
Amendment 278 #

2022/2037(INI)

Motion for a resolution
Paragraph 24
24. RegretNotes that the climate roadmap does not include greening of the ECB’s targeted long-term refinancing operations; stresses that providing cheap liquidity to financial institutions investing in brown activities works against the fight against inflation and is not consistent with the objectives of the Paris Agreementits independence requires refraining from taking political decisions such as diverging from the market neutrality principle; notes, furthermore, that the concept of market neutrality is related to the principle of an open market economy with free competition;
2022/10/14
Committee: ECON
Amendment 283 #

2022/2037(INI)

Motion for a resolution
Paragraph 25
25. Is concerned about the implications of higher interest rates for green investments; calls on the ECB to assess the possibility of applying differentiated rates to support green investments and disincentivise brown investments;deleted
2022/10/14
Committee: ECON
Amendment 302 #

2022/2037(INI)

Motion for a resolution
Paragraph 26
26. Welcomes the ECB climate risk stress test aimed at assessing the climate risk preparedness of the European banking sector; is concerned that the results published on 8 July 2022 show that banks do not have robust climate risk stress- testing frameworks and lack the relevant data; calls on the ECB to use all its available tools to ensure that banks take climate risk seriously in order to mitigate the financial risks resulting from climate change;
2022/10/14
Committee: ECON
Amendment 327 #

2022/2037(INI)

Motion for a resolution
Paragraph 31
31. Welcomes the ECB’s progress on the digital euro project, as well as the dialogue with Parliament in this regard; looks forward to the Governing Council reaching a decision on launching the digital euro; highlights the expected benefits such as efficiency gains and increased financial inclusion;
2022/10/14
Committee: ECON
Amendment 331 #

2022/2037(INI)

Motion for a resolution
Paragraph 31 a (new)
31 a. Calls on the ECB to take duly into account privacy concerns around the digital euro and stresses that its development should be in line with EU privacy standards;
2022/10/14
Committee: ECON
Amendment 334 #

2022/2037(INI)

Motion for a resolution
Paragraph 31 b (new)
31 b. Warns against the increased ability for the ECB to impose negative interest rates on digital euro accounts held at the central bank; insists that the digital euro will serve as complementary to physical cash and that it should not replace cash entirely;
2022/10/14
Committee: ECON
Amendment 340 #

2022/2037(INI)

Motion for a resolution
Paragraph 31 c (new)
31 c. Strongly regrets the ECB’s decision to involve Amazon in testing prototype interfaces for a digital euro; stresses that Amazon is a potential competitor in this field and that it should therefore not be placed in such a position, especially since Amazon does not receive any monetary compensation for this assignment; stresses furthermore that outsourcing the digital euro infrastructure to a US tech company weakens the EU's strategic autonomy;
2022/10/14
Committee: ECON
Amendment 341 #

2022/2037(INI)

Motion for a resolution
Paragraph 31 d (new)
31 d. Welcomes the ECB’s achievement to lower its carbon emissions by 10.7% between 2020 and 2021; encourages the ECB to continue its steps to reduce its carbon emissions further by 46.2% (relative to 2019 levels) by 2030;
2022/10/14
Committee: ECON
Amendment 342 #

2022/2037(INI)

Motion for a resolution
Paragraph 31 e (new)
31 e. Supports the aim of the ECB to increase female representation by encouraging women to advance in this field; therefore welcomes initiatives such as the ECB Women in Economics Scholarship;
2022/10/14
Committee: ECON
Amendment 9 #

2022/2008(INI)

Motion for a resolution
Recital A
A. whereas it is crucial to enable industry to implement the green transition, including the energy and digital transitions while preserving jobs, competitiveness and its ability to actively participate in an economy of free trade and fair competition and to develop and produce clean products;
2022/04/25
Committee: ITRE
Amendment 16 #

2022/2008(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the aim of the Industrial Strategy must also be to strengthen the Single Market and foster technological breakthroughs in order to make the EU a world leader in green and digital technologies;
2022/04/25
Committee: ITRE
Amendment 20 #

2022/2008(INI)

Motion for a resolution
Recital B
B. whereas in a changing geopolitical world, strengthening strategic autonomy and reducing EU dependencies on critical materials, products and technologies is vital - through the application of circular economy principles wherever it is possible and economically feasible - , products and technologies is vital, while fostering open trade and strengthening the resilience of global supply chains;
2022/04/25
Committee: ITRE
Amendment 39 #

2022/2008(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the EU needs to address the resilience of supply while creating an attractive and innovative high-value manufacturing and supply ecosystem, aligned with Europe's R&D, innovation and environmental goals;
2022/04/25
Committee: ITRE
Amendment 60 #

2022/2008(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the update of the industrial strategy; stresses that for the Green Deal to be a true growth strategy, reduce dependencies and maintain a level playing field for European industry during the transition, it needs to be accompanied by ambitious industrial policy and an ambitious R&;D policy, including a robust technology transfer policy in the framework of an EU-wide SME friendly business ecosystem;
2022/04/25
Committee: ITRE
Amendment 88 #

2022/2008(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the EU cannot be dependent on non-EU countries for products and technologies that are essential to our economy and for our society of the future; stresses that the EU needs to regain a strong position in crucial global value chains and secure the supply of critical materials in times of crisis, also through the increased use of circular economy principles in modern business models;
2022/04/25
Committee: ITRE
Amendment 103 #

2022/2008(INI)

Motion for a resolution
Paragraph 3
3. Calls on the Commission to present clear climate goals-based transition pathways for the industrial ecosystem as soon as possible, including by identifying the needs for a successful transition in terms of infrastructure, technologies and skills and identifying the steps needed to foster the connection between the industrial ecosystem, R&I and the educational system; calls on the Commission to ensure consistency and coordination across all initiatives, objectives, funding and regulatory instruments that will support industry through the transitions; calls for annual monitoring and reporting on the competitiveness, technological progress and resilience of our industrial ecosystems and on the progress made on the transition pathways, so that instruments can be adapted swiftly when needed;
2022/04/25
Committee: ITRE
Amendment 113 #

2022/2008(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on the Commission to elaborate a strategy focused on the transition of the most carbon and energy intensive industries that would allow them to preserve their competitiveness and at the same time support greater EU strategic autonomy, as these industries are often of strategic importance;
2022/04/25
Committee: ITRE
Amendment 122 #

2022/2008(INI)

Motion for a resolution
Paragraph 4
4. Notes that the EU is outperformed by other economic powers in research and development (R&D) expenditures as a percentage of GDP; reiterates the importance of an ambitious level of investment in R&D; regrets that the target of 3 % of GDP investments in R&D has still not been achieved in the vast majority of Member States; calls on the Commission to coordinate Member States' efforts in further committing to increased R&D investment targets at national level, in particular for national public and private funding for industrial innovation and research;
2022/04/25
Committee: ITRE
Amendment 132 #

2022/2008(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Stresses the importance of providing policy direction and developing ambitious public programs to support and boost investments in space and defence industries;
2022/04/25
Committee: ITRE
Amendment 134 #

2022/2008(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Calls on the Commission to ensure that the measures proposed in the EU Pharmaceutical Strategy guarantee competitiveness in terms of quality and prices of medicines, provide reliable supply and access to modern medicines and continue stimulating innovation and investment in pharmaceutical R&D;
2022/04/25
Committee: ITRE
Amendment 136 #

2022/2008(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to close the investment gap with global competitors for key enabling technologies like batteries and AI; welcomes, in this regard, the Commission’s proposal for a European Chips Act10 and the establishment of the European Alliance for Industrial Data, Edge and Cloud; calls on the Commission to extend these initiatives to key enabling technologies, such as photonics and quantumswiftly kick off the delayed work of the European Industrial Alliance for Processors and Semiconductor Technologies; calls on the Commission to extend these initiatives to key enabling technologies, such as photonics and quantum; welcomes the Commission's efforts to develop European competences in chip and system design, as well as increased local production capacity and manufacturing sites for advanced chip technology; _________________ 10 COM(2022)0046.
2022/04/25
Committee: ITRE
Amendment 161 #

2022/2008(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the Commission’s announcement issuing guidance on public procurement; stresses that public procurement is an essential instrument for national and economic security and for supporting the uptake of and demand for clean products; underlines that public procurement mechanisms should further support the transformation of Europe's industry by fostering the production of eco-innovative, cost-effective and sustainable goods and services and increasing the demand for secondary raw materials stemming from the deployment of circular production processes; calls, in this regard, on the Commission to review public procurement and competition rules where needed;
2022/04/25
Committee: ITRE
Amendment 185 #

2022/2008(INI)

Motion for a resolution
Paragraph 8
8. Highlights the importance of including education, upskilling and reskilling in the transition pathways as important tools in the transformation of EU industry and in the effort to achieve higher productivity; calls on the Commission to develop a strategy for vocational education and business- education partnerships within regional industrial clusters to boost skills and enhance the uptake of ready-for-market innovations by SMEs; highlights the need to strengthen cooperation between R&D and industry, especially in the form of technology transfers to SMEs;
2022/04/25
Committee: ITRE
Amendment 197 #

2022/2008(INI)

Motion for a resolution
Paragraph 9
9. Underlines that SMEs and start-ups are playing a central role in the EU industrial ecosystem and especially in the digitalisation of the EU and are a critical source of innovation; stresses the need to improve their access to financing; highlights the need to address existing barriers in the Single Market that are hindering the growth of SMEs and start- ups in Europe, as well as the need for an improved legal and regulatory framework;
2022/04/25
Committee: ITRE
Amendment 213 #

2022/2008(INI)

Motion for a resolution
Paragraph 10
10. Stresses the need for regulatory stability and predictabilityto modernize and future-proof the regulatory framework to ensure regulatory stability and predictability; underlines the need to reduce unnecessary administrative burdens for companies and especially for SMEs, while maintaining adequate social, labour and environmental standards; calls on the Commission to include roadmaps in the transition pathways to reduce administrative burdens for European businesses, especially SMEs, by at least 30 %; stresses the ‘one in, one out’ principle;
2022/04/25
Committee: ITRE
Amendment 221 #

2022/2008(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Acknowledges that a strong framework of intellectual property rights is a crucial factor underpinning European competitiveness; calls on the Commission to preserve and strengthen Europe's world-class IP system by promoting strong IP protection in the EU and beyond, as well as incentives and reward mechanisms for R&D to attract investment into the development of future innovation for the benefit of European society, citizens and industry actors;
2022/04/25
Committee: ITRE
Amendment 228 #

2022/2008(INI)

Motion for a resolution
Paragraph 11
11. Underlines the regional dimension of industrial policy and the role of regional smart specialisation strategies; calls on the Commission to include instruments to increase the use of ‘Made in EU’ at a regional levelin this regard for an analysis of the achievements of smart specialisation strategies as a platform for future measures at regional level; calls on the Commission to include instruments to increase the use of ‘Made in EU’ at a regional level; calls on the Commission to recognise the potential of innovative circular technologies that shorten value chains, reduce emissions and increase resource autonomy;
2022/04/25
Committee: ITRE
Amendment 241 #

2022/2008(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to stimulate the producand support the transition tof affordable and abundant, secure and sufficient energy production from renewable and transitional low-carbon energysources; calls on the Commission to ensure an appropriate legal framework and increase the coordination of the planning and financing for neededdestined to projects of electricity, smart grid, energy, hydrogen, CO2 and, heating/cooling infrastructureand recycling infrastructure needed for EU industry and households;
2022/04/25
Committee: ITRE
Amendment 266 #

2022/2008(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission and the Member States to bring down the time needed to issue permits substantially and create fast-track permitting procedures for infrastructure that supports industry in the energy transition; its transition to a carbon neutral circular economy, without prejudice to the transparency, legitimacy and legality of the procedures;
2022/04/25
Committee: ITRE
Amendment 278 #

2022/2008(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Member States and the Commission to accelerate the implementation of instruments, including important projects of common European interest, and industrial alliances that develop innovative breakthrough technologies needed for the energy transition, such as clean steel, clean aviation, e-fuels, clean fertilisers, e- cracking and small modular reactors; stresses that a swift assessment of IPCEI applications by the Commission is crucial for the resilience of European industry;
2022/04/25
Committee: ITRE
Amendment 282 #

2022/2008(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Member States and the Commission to accelerate the implementation of instruments, including important projects of common European interest, and industrial alliances that develop innovative breakthrough technologies needed for the environmental, digital and energy transitions, such as clean steel, clean aviation, e-fuels, clean fertilisers, e- cracking and small modular reactors;
2022/04/25
Committee: ITRE
Amendment 298 #

2022/2008(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the Commission analysis on strategic dependencies and capacities in line with the aim of strategic autonomy; calls on the Commission to finalise the analyses and technology roadmaps as soon as possible and propose actions to reduce dependence on the identified critical products and supplies; highlights the necessity of a strategy based on further in- depth analysis of mutual dependencies to strengthen the EU’s capacity in critical value chains, while remaining committed to multilateralism and free trade; calls on the Commission to adopt a holistic value chain approach when analysing strategic dependencies across the fourteen critical industrial ecosystems it has identified in its 2021 Annual Single Market Report;
2022/04/25
Committee: ITRE
Amendment 308 #

2022/2008(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Underlines that recycling can play a critical role in increasing the supply of raw and secondary materials, thereby reducing EU reliance on third country imports;
2022/04/25
Committee: ITRE
Amendment 319 #

2022/2008(INI)

Motion for a resolution
Paragraph 17
17. Is strongly concerned about unfair competition, investments and takeovers by non-EU state-financed companies on the single market, especially in strategic sectors; calls on the Commission to analyse and develop suitable and legally sound measures to prevent this interference;
2022/04/25
Committee: ITRE
Amendment 325 #

2022/2008(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to broaden the scope and definitions of the framework for foreign direct investment to address the effect of foreign subsidies on economic security in the EU and of technology transfers by EU companies in non-EU countries in strategic sectors;
2022/04/25
Committee: ITRE
Amendment 327 #

2022/2008(INI)

Motion for a resolution
Paragraph 19
19. Is concerned about the increasing dependence on non-EU producers for security equipment in vital and sensitive parts of our society, such as (border, cyber, defence) security; stresses the need to earmark security technology and equipment as a strategic sector; calls for an action plan to boost this EU industry, including through adapted but not protectionist public procurement rules;
2022/04/25
Committee: ITRE
Amendment 330 #

2022/2008(INI)

Motion for a resolution
Paragraph 20
20. Highlights the conclusions of the European Court of Auditors -report on delays in implementing 5G networks and the risks associated with non-EU vendors11 ; calls on the Commission to stimulate a coordinated 5G roll-out in the EU and reduce dependencies and interference risks in 5G and next generation communication technology; calls on the Commission to ensure an adequate level of competitiveness in the field of 5G technologies while guaranteeing the security of 5G networks; _________________ 11 European Court of Auditors, ‘Special Report 03/2022: 5G roll-out in the EU: delays in deployment of networks with security issues remaining unsolved’, Publications Office of the European Union, Luxembourg, 2022.
2022/04/25
Committee: ITRE
Amendment 45 #

2022/2006(INI)

Motion for a resolution
Recital F
F. whereas the post-pandemic economic recovery requires the fast and efficient implementation of the temporary Recovery and Resilience Facility (RRF); whereas all recovery and resilience plans should address each of the six pillars and the general and specific objectives of the RRF Regulation and respect its horizontal principles;
2022/01/20
Committee: ECON
Amendment 49 #

2022/2006(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas the RRF Regulation stipulates that the debt issued to finance the Recovery and Resilience Fund is to be repaid by 2058, in a manner that ensures the steady and predictable reduction of liabilities;
2022/01/20
Committee: ECON
Amendment 59 #

2022/2006(INI)

Motion for a resolution
Paragraph 1
1. Notes that the European economy is recovering faster than expected from the devastating impact of the global pandemic; underlines the crucial importance that timely policy interventions have played and will continue to play in mitigating the impact of the pandemic on the European economy; recalls fiscal consolidation and a sound and sane economy for future investments as the underlying reason behind establishing the RRF;
2022/01/20
Committee: ECON
Amendment 85 #

2022/2006(INI)

Motion for a resolution
Paragraph 4
4. Recognises that the crisis triggered by the COVID-19 pandemic has been especially severe for enterprises, mostly small and medium-sized enterprises (SMEs), in tourism, hospitality and culture; recognises the notion of European solidarity underpinning the establishment of the RRFthis must be taken into account by the Member States while spending the funds to truly alleviate the impact on citizens of the pandemic-induced economic crisis;
2022/01/20
Committee: ECON
Amendment 100 #

2022/2006(INI)

Motion for a resolution
Paragraph 5
5. Points out that not only the successful roll- out of the RRF will help to make EU economies and societies more sustainable, inclusive, resilient and better prepared for the green and digital transitions; but also an efficient and transparent monitoring of the national plans which ensures that funds are used to modernise member state economies;
2022/01/20
Committee: ECON
Amendment 112 #

2022/2006(INI)

Motion for a resolution
Paragraph 6
6. Notes that the general escape clause of the Stability and Growth Pact will continue to be applied in 2022 and iappreciates its expected to be deactivated as of 2023ion in 2023 the latest;
2022/01/20
Committee: ECON
Amendment 125 #

2022/2006(INI)

Motion for a resolution
Paragraph 7
7. Believes that the review of the EU’s economic governance framework is necessary; agrees with the European Fiscal Board on the importance of having a clear pathway towards a reviewed fiscal framework, preferably prior to the deactivation of the general escape clause however this must not be a condition for its deactivation;
2022/01/20
Committee: ECON
Amendment 128 #

2022/2006(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the commission to make its indicator for fiscal sustainability ("S2"), a binding component of the assessment of national budgets within the framework of the Stability and Growth Pact;
2022/01/20
Committee: ECON
Amendment 130 #

2022/2006(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Calls on the Commission to ensure compliance of the Member States with the rules of the fiscal pact and make it a condition for accessing cohesion funds;
2022/01/20
Committee: ECON
Amendment 131 #

2022/2006(INI)

Motion for a resolution
Paragraph 7 c (new)
7c. Suggests automatic sanctions against member states that persistently violate the principles of public budget management, including non-financial sanctions, such as the suspension of the right to vote in the Council of Economics and Finance Ministers;
2022/01/20
Committee: ECON
Amendment 132 #

2022/2006(INI)

Motion for a resolution
Paragraph 8
8. Is convinced that the coordination of national fiscal policies remains crucial in underpinning the recovery; notes that the overall fiscal stance, taking into account national budgets and the RRF, is projected to remain supportive in 2022 to sustain the recovery; stresses that the amount of fiscal stimulus should depend on the rates of unemployment and inflation, taking duly into account that national debt levels must remain sustainable at any point in time; highlights in this regard that excessive and unsustainable debt levels were the primary cause of the European debt crisis; agrees with the Commission that Member States with low or medium levels of debt should pursue or maintain a supportive fiscal stance, and that Member States with high levels of debt should use the RRF to finance additional investment to support the recovery, while pursuing a prudent fiscal policy; agrees with the Commission that all Member States should preserve or broadly preserve their national financed investmentis concerned however that continued fiscal stimulus is unfolding an increasingly inflationary environment, exacerbating the forces at play; expresses its deep concern that increasing levels of inflation have a disproportionate impact on low and fixed incomes, erode savings and disturb the crucial price signalling function that market prices perform in ensuring an efficient allocation of economic resources, potentially leading to macroeconomic instability;
2022/01/20
Committee: ECON
Amendment 146 #

2022/2006(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Reiterates its stance that a proper and credible economic governance framework is a necessary requirement for sustainable fiscal policies, debt and deficit trajectories ensuring credible paths of debt reduction; stresses the importance of a sustainable debt level for the real economy;
2022/01/20
Committee: ECON
Amendment 166 #

2022/2006(INI)

Motion for a resolution
Paragraph 9
9. Considers that it is crucial to coordinate national reform and investment efforts and the exchange of best practices in order to increase the convergence and resilience of our economies, promote sustainable and inclusive growth through new elements, and improve institutional frameworks and interinsitutional relations;
2022/01/20
Committee: ECON
Amendment 187 #

2022/2006(INI)

Motion for a resolution
Paragraph 10
10. Highlights that the RRF presents an unprecedented and unique opportunity for all Member States to address key structural challenges and investment needs and insists that all recovery and resilience plans address all requirements of the RRF Regulation, in particular its future-oriented concept including sustainability in the six pillars; highlights the interplay between the European Semester and the RRF; calls on the Member States to make the most of this opportunity and to use it to transform their economies and make them sustainable, more competitive and more resilient to future shocks; highlights the role of the European Parliament in the implementation of the RRF, as enshrined in the RRF Regulation;
2022/01/20
Committee: ECON
Amendment 195 #

2022/2006(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Recalls that Member States, in their recovery and resilience plans, are required to effectively address all challenges identified in the relevant CSRs, including the fiscal aspects thereof; encourages the European Commission to make sure that this requirement is adhered to when scrutinising the RRPs and their implementation;
2022/01/20
Committee: ECON
Amendment 200 #

2022/2006(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Asks the Commission to thoroughly assess the arrangements proposed by the Member States to prevent, detect and correct corruption, fraud and conflicts of interest when using the funds provided under the RRF and to give a particular attention in this context that the national plans include all necessary reforms, together with relevant milestones and targets, in particular related to the relevant CSRs, where appropriate;
2022/01/20
Committee: ECON
Amendment 202 #

2022/2006(INI)

Motion for a resolution
Paragraph 10 c (new)
10c. urges the Commission to monitor very carefully the risks to EU financial interests in the implementation of the RRF of any breach or potential breach of the principles of the rule of law, with a detailed and in particular attention to public procurement; expects the Commission not to proceed with any payments under the RRF if milestones linked to measures to prevent, detect and correct corruption, fraud and conflicts of interest when using the funds provided under the RFF are not met;
2022/01/20
Committee: ECON
Amendment 226 #

2022/2006(INI)

Motion for a resolution
Paragraph 13
13. Is concerned that the Commission identified macroeconomic vulnerabilities related to imbalances and excessive imbalances in 12 Member States; is worried that the nature and source of Member States’ imbalances remain largely the same as before the pandemic and that the pandemic could also be exacerbating imbalances and economic divergences; highlights in this regards again the importance of a general compliance with the fiscal rules to either maintain or achieve a fiscal sustainability and consolidation; calls on the Member States to take advantage of the unprecedented opportunity provided by the RRF to significantly reduce existing macroeconomic imbalances, in particular by including ambitious reform measures in the national plans of all Member States; stresses that sound execution and close monitoring is essential to make full use of this opportunity;
2022/01/20
Committee: ECON
Amendment 244 #

2022/2006(INI)

Motion for a resolution
Paragraph 14
14. Recognises the importance of the macroeconomic imbalance procedure in identifying, preventing and addressing macroeconomic imbalances in the EU; highlights that continuous monitoring and, vigilance and sanctions as a measure of last resort will be needed and that Member States should address emerging imbalances through reforms that enhance economic and social resilience and promote the digital transformation and green and just transitions;
2022/01/20
Committee: ECON
Amendment 313 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
The Commission is empowered toshall until [12 months of the publication in the official journal of the European Union] adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design-for-recycling criteria shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components.
2023/05/25
Committee: ITRE
Amendment 404 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered toshall adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, based on a mass balance approach, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
2023/05/25
Committee: ITRE
Amendment 433 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. PAs of 1 January 2030, packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionality taking account of the shape and the material that the packaging is made of.
2023/05/25
Committee: ITRE
Amendment 438 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. PAs of 1 January 2030, packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin protected under Union legislation.
2023/05/25
Committee: ITRE
Amendment 441 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
EAs of 1 January 2030, empty space shall be reduced to the minimum necessary for ensuring the packaging functionality as follows:
2023/05/25
Committee: ITRE
Amendment 443 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Compliance with the requirements set out in paragraphs 1 and 2 shall be demonstrated in the technical documentation referred to in Annex VII, which shall contain the following elements:. This obligation does not apply to micro- companies and small enterprises in accordance with rules set out in the Commission Recommendation 2003/361.
2023/05/25
Committee: ITRE
Amendment 444 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) an explanation of the technical specifications, standards and conditions used to assess the packaging against the performance criteria and methodology set out in Annex IV;deleted
2023/05/25
Committee: ITRE
Amendment 445 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) the identification of the design requirements which prevent further reduction of the packaging weight or volume, for each of these performance criteria;deleted
2023/05/25
Committee: ITRE
Amendment 446 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) any test results, studies or other relevant sources used to assess the minimum necessary volume or weight of the packaging.deleted
2023/05/25
Committee: ITRE
Amendment 460 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 424 months after the entry into force of this Regulationadoption of all relevant secondary legislation referred to in paragraph 5 and 6], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e- commerce packaging.
2023/05/25
Committee: ITRE
Amendment 475 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. From [OP: Please insert the date = 248 months after the date of entry into force of this Regulationadoption of all relevant secondary legislation referred to in paragraph 5], packaging shall bear a label on packaging reusability and a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
2023/05/25
Committee: ITRE
Amendment 505 #

2022/0396(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 40 %is minimised in accordance with the criteria set out in Annex IV.
2023/05/25
Committee: ITRE
Amendment 514 #

2022/0396(COD)

Proposal for a regulation
Article 22
Restrictions on use of certain packaging 1. Economic operators shall not place on the market packaging in the formats and for the purposes listed in Annex V. 2. By way of derogation from paragraph 1, economic operators shall not place on the market packaging in the formats and for the purposes listed in point 3 of Annex V as of 1 January 2030. 3. Member States may exempt economic operators from point 3 of Annex V if they comply with the definition of micro- company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.Article 22 deleted formats
2023/05/25
Committee: ITRE
Amendment 524 #

2022/0396(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. Economic operators shall not place on the market non-recyclable packaging in the formats and for the purposes listed in Annex V.
2023/05/25
Committee: ITRE
Amendment 537 #

2022/0396(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. Member States may exempt economic operatorsEconomic operators shall be exempted from point 3 of Annex V if they comply with the definition of micro- company in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], and where it is not technically feasible not to use packaging or to obtain access to infrastructure that is necessary for the functioning of a reuse system.
2023/05/25
Committee: ITRE
Amendment 624 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 6 – introductory part
6. The manufacturer and the final distributor making available on the market within the territory of a Member State in sales packaging non-alcoholic beverages in the form of water, water with added sugar, water with other sweetening matter, flavoured water, soft drinks, soda lemonade, iced tea and similar beverages which are immediately ready to drink, pure juice, juice or must of fruits or vegetables and smoothies without milk and non- alcoholic beverages containing milk fat, shall ensure that:
2023/05/25
Committee: ITRE
Amendment 632 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 7
7. Economic operators using transport packaging in the form of pallets, plastic crates, foldable plastic boxes, pails and drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13 shall ensure that: (a) from 1 January 2030, 30 % of such packaging used is reusable packaging within a system for re-use; (b) from 1 January 2040, 90 % of such packaging used is reusable packaging within a system for re-use.deleted
2023/05/25
Committee: ITRE
Amendment 656 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 9
9. Economic operators using transport packaging in the form of pallet wrappings and straps for stabilization and protection of products put on pallets during transport shall ensure that: (a) from 1 January 2030, 10 % of such packaging used is reusable packaging within a system for re-use; (b) from 1 January 2040, 30 % of such packaging used for transport is reusable packaging within a system for re-use;deleted
2023/05/25
Committee: ITRE
Amendment 667 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 10
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping unit shall ensure that: (a) from 1 January 2030, 10 % of such packaging used is reusable packaging within a system for re-use; (b) from 1 January 2040, 25 % of such packaging they used is reusable packaging within a system for re-use.deleted
2023/05/25
Committee: ITRE
Amendment 682 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 12
12. Transport packaging used by an economic operator shall be reusable where it is used for transporting products: (a) between different sites, on which the operator performs its activity; or (b) between any of the sites on which the operator performs its activity and the sites of any other linked enterprise or partner enterprise, as defined in Article 3 of the Annex to Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation]. This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, including flexible formats.deleted
2023/05/25
Committee: ITRE
Amendment 698 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 13
13. Economic operators delivering products to another economic operator within the same Member State shall use only reusable transport packaging for the purpose of the transportation of such products. This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials, including flexible formats.deleted
2023/05/25
Committee: ITRE
Amendment 712 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 13 a (new)
13a. Economic operators shall be exempted to fulfil the targets of paragraph 1 to 13, if they can prove, in accordance with Article 4 (2) of Directive 2008/98/EC, that single-use packaging has a better environmental footprint than comparable re-use systems, or if the used packaging material reaches a minimum recycling rate of 80% at EU level by 2030, as calculated in Article 47.
2023/05/25
Committee: ITRE
Amendment 717 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 14 – point b
(b) complied with the definition of micro-company or small enterprise in accordance with rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation].
2023/05/25
Committee: ITRE
Amendment 737 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 16
16. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to supplement this Regulation in order to establish: (a) targets for other products than those covered by paragraphs 1 to 6 of this Article and other packaging formats than those in paragraphs 7 to 10, based on the positive experiences with measures taken by Member States under Article 45(2), (b) exemptions for economic operators additional to those listed in points (a) to (c) of paragraph 14 of this Article, (c) exemptions for specific packaging formats covered by the targets laid down in paragraphs 2 to 6 of this Article in case of hygiene, food safety or environmental issues preventing the achievement of those targets.
2023/05/25
Committee: ITRE
Amendment 752 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 17
17. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation], the Commission shall review the situation regarding reuse of packaging and, on this basis, assess the appropriateness of establishing measures, reviewing the targets laid down in this Article, and setting new targets for the reuse and refill of packaging, and where necessary present a legislative proposal. This review shall be based on a life-cycle analysis, evaluating the overall reduction of greenhouse gas emissions.
2023/05/25
Committee: ITRE
Amendment 757 #

2022/0396(COD)

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
By 31 December 20286, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26.
2023/05/25
Committee: ITRE
Amendment 837 #

2022/0396(COD)

Proposal for a regulation
Annex V
RESTRICTIONS ON USE OF PACKAGING FORMATS Packaging Illustrative Restricted use format example Plastic packaging used at retail level to Collation group goods sold in cans, tins, pots, tubs, films, shrink Single-use and packets designed as convenience wrap plastic packaging to enable or encourage end 1. grouped users to purchase more than one product. packaging This excludes grouped packaging necessary to facilitate handling in distribution. Single use Nets, bags, plastic trays, packaging, containers Single use packaging for less than 1.5 kg single use fresh fruit and vegetables, unless there is a composite 2. demonstrated need to avoid water loss or packaging or turgidity loss, microbiological hazards or other single physical shocks. use packaging for fresh fruit and vegetables Single use packaging for foods and Trays, beverages filled and consumed within the disposable Single use premises in the HORECA sector, which plates and plastic, single include all eating area inside and outside a cups, bags, use composite 3. place of business, covered with tables and foil, boxes packaging or stools, standing areas, and eating areas other single offered to the end users jointly by several use packaging economic operators or third party for the purpose of food and drinks consumption Single use Sachets, tubs, Single use packaging in the HORECA packaging for trays, boxes sector, containing individual portions or condiments, servings, used for condiments, preserves, preserves, sauces, coffee creamer, sugar and sauces, coffee 4. seasoning, except such packaging provided creamer, together with take-away ready-prepared sugar, and food intended for immediate consumption seasoning in without the need of any further HORECA preparation sector Single use For cosmetics, hygiene and toiletry Shampoo 5. hotel products of less than 50 ml for liquid bottles, hand miniature products or less than 100 g for non-liquid and body packaging products lotion bottles, sachets around miniature bar soap deleted
2023/05/25
Committee: ITRE
Amendment 102 #

2022/0365(COD)

Proposal for a regulation
Recital 4
(4) The technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to emissions (‘emission type-approval’) are currently set out in two Regulations that apply to emission type-approval for light- duty and heavy-duty vehicles respectively, i.e. Regulation (EC) No 715/2007 of the European Parliament and of the Council (‘Euro 6’)44and Regulation (EC) No 595/2009 of the European Parliament and of the Council (‘Euro VI’)45. The reason for having two Regulations was that the emissions of heavy-duty vehicles were checked based on engine testing, while for light-duty vehicles the basis was whole vehicle testing. Since then, methodologies have been developed that allow testing of both light- and heavy-duty vehicles on the road. It is therefore no longer necessary to base type-approval on engine testing. _________________ 44 Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1). 45 Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).
2023/05/30
Committee: ITRE
Amendment 110 #

2022/0365(COD)

Proposal for a regulation
Recital 8
(8) In order to ensure that the emissions for both light and heavy duty vehicles are limited in real life, testing vehicles in real conditions of use with a minimumrelevant set of restrictions, boundaries and other driving requirements and not only in the laboratory is required. This on-road testing should exclude biased driving and rare driving conditions.
2023/05/30
Committee: ITRE
Amendment 119 #

2022/0365(COD)

Proposal for a regulation
Recital 12
(12) Non-exhaust emissions consist of particles emitted by tyres and brakes of vehicles. Emissions from tyres is estimated to be the largest source of microplastics to the environment. As shown in the Impact Assessment, it is expected that by 2050, non-exhaust emissions will constitute up to 90% of all particles emitted by road transport, because exhaust particles will diminish due to vehicle electrification. Those non-exhaust emissions should therefore be measured and limited. The Commission should prepare a report on tyre abrasion by the end of 2024 to review the measurement methods and state-of-the- art in order to propose tyre abrasion limitscurrently under discussion in the relevant working groups of the UN World Forum for Harmonisation of Vehicle Regulations (WP29).
2023/05/30
Committee: ITRE
Amendment 127 #

2022/0365(COD)

Proposal for a regulation
Recital 17
(17) Manufacturers may opt to produce vehicles which comply with lower emission limits or with better battery durability than what is required in this Regulation, or which include advanced options including geofencing and adaptive controls. Consumers and national authorities should be able to identify such vehicles through appropriate documentation. An environmental vehicle passport (EVP) should therefore be made available.
2023/05/30
Committee: ITRE
Amendment 129 #

2022/0365(COD)

Proposal for a regulation
Recital 18
(18) In case the CommissionThe decarbonisation of the transport sector requires a technologically open framework. The Commission should thus deliver on its promise to makes a proposal for registering after 2035 new light-dutynew vehicles running exclusively on CO2 neutral fuels outside the scope of the CO2 fleet standards, and in conformity with Union law and the Union´s climate neutrality objective, t. This Regulation will need to be amended to include the possibility to type approve such vehicles. should introduce the possibility for manufacturers to designate vehicles equipped with internal combustion engines running on CO2 neutral fuels, either exclusively or as a blend. For the purpose of the CO2 fleet standards for light and heavy duty vehicles, the CO2 tailpipe emissions from vehicles running exclusively on CO2 neutral fuels should be considered zero.
2023/05/30
Committee: ITRE
Amendment 132 #

2022/0365(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) Scientific and technological findings prove the sustainability of climate-friendly, CO2-neutral fuels. In order to ensure that no fossil fuels are used in vehicles powered by these fuels, the Commission should work out requirements and rules, in cooperation with manufacturers and suppliers, to find technical solutions (e.g. sensors in fuel tank) that are practical, affordable and suitable for the masses.
2023/05/30
Committee: ITRE
Amendment 135 #

2022/0365(COD)

Proposal for a regulation
Recital 22
(22) In order to amend or supplement, as appropriate, non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of test conditions based on data collected when testing Euro 7 vehicles, brakes or tyres; test requirements, in particular taking into account technical progress and data collected when testing Euro 7 vehicles; introducing vehicle options and designations based on innovative technologies for manufacturers but also setting out brake particle emission limits and abrasion limits for tyre types as well as minimum performance requirements of batteries and durability multipliers based on data collected when testing Euro 7 vehicles and setting out definitions and special rules for small volume manufacturers for vehicles of categories M2, M3, N2, N3, It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making51. In particular, in order 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. _________________ 51 OJ L 123, 12.5.2016, p. 1.deleted
2023/05/30
Committee: ITRE
Amendment 138 #

2022/0365(COD)

Proposal for a regulation
Recital 25
(25) It is important to grant Member States, national type-approval authorities and economic operators enough time to prepare for the application of the new rules introduced by this Regulation. The date of application should therefore be deferred. While for light duty vehicles the date of application should be as soon as technically possible, for heavy duty vehicles and trailers the date of application may be further delayed by two years, since the transition to zero-emission vehicles will be longer for heavy duty vehicles until all relevant secondary legislation has been adopted. Additionally, from this point in time, three years lead time for new types and five years lead time for all types enables a smooth transition.
2023/05/30
Committee: ITRE
Amendment 150 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 37
(37) ‘on-board diagnostic system’ or ‘OBD’ means a system that can generate vehicle on-board diagnostic (OBD) information, as defined in Article 3, point 49, of Regulation (EU) 2018/858 and is capable of communicating that information via the OBD port and over the air;
2023/05/30
Committee: ITRE
Amendment 153 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 38
(38) ‘on-board monitoring system’ or ‘OBM’ means a system on board a vehicle that is capable of detecting either emission exceedances or when a vehicle is in zero emission mode if applicable, and capable of indicatmonitoring emissions withing the occurrence of such exceedances by means of information stored in the vehicle,measurement tolerance and of communicating that information via the OBD port and over the air;
2023/05/30
Committee: ITRE
Amendment 161 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 42
(42) ‘real driving emissions’ or ‘RDE’ means the emissions of a vehicle under normal driving conditions and one extended conditions at the same time as specified in Tables 1 and 2 of Annex III;
2023/05/30
Committee: ITRE
Amendment 175 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 78 a (new)
(78a) "CO2 Neutral Fuels" means renewable fuels as defined in Directive 2018/2001, including biofuels, bioliquids, biomass fuels and renewable fuels of non- biological origin or recycled carbon fuels;
2023/05/30
Committee: ITRE
Amendment 177 #

2022/0365(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 78 b (new)
(78b) "Carbon Correction Factor (CCF)" means a factor reflecting the CO2 intensity and share of CO2 neutral fuels;
2023/05/30
Committee: ITRE
Amendment 182 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Manufacturers shall design, construct and assemble vehicles to comply with this Regulation, including complying with the emission limits set out in Annex I under the testing conditions set out in Annex III and respecting the values declared in the certificate of conformity and in the type- approval documentation for the lifetime of the vehicle as set out in table 1 of Annex IV. These vehicles shall be designated as “Euro 7” vehicles.
2023/05/30
Committee: ITRE
Amendment 186 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
When verifying compliance with the exhaust emission limits, where the testing is performed in one extended driving conditions, the emissions shall be divided by the extended driving divider set out in Annex III.
2023/05/30
Committee: ITRE
Amendment 188 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Manufacturers shall design and construct components or separate technical units, including engines, traction batteries, brake systems and replacement pollution control systems to comply with this Regulation, including complying with the emission limits set out in Annex I under the testing conditions set out in Annex III.
2023/05/30
Committee: ITRE
Amendment 191 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point b
(b) OBM systems capable of detectmonitoring emissions above the emission limits due to malfunctions, increased degradation or other situations that increase emissionswithin the measurement tolerance;
2023/05/30
Committee: ITRE
Amendment 195 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point g
(g) devices communicating vehicle generated data used for compliance with this regulation and OBFCM data, for the purpose of periodic roadworthiness tests and technical roadside inspection over the air, and for the purposes of communicating with recharging infrastructure and stationary power systems capable of supporting smart and bidirectional charging functionalities.
2023/05/30
Committee: ITRE
Amendment 197 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 8
8. The manufacturer shall prevent the possibility of exploiting vulnerabilities referred to in paragraph 7, based on state of the art technology at the time of type approval. When such a vulnerability is found, the manufacturer shall take measures to remove the vulnerability, by software update or any other appropriate means.
2023/05/30
Committee: ITRE
Amendment 204 #

2022/0365(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Manufacturers may designate the vehicles they manufacture as “Euro 7+ vehicle” where those vehicles comply with the following: (a) for ICEV and NOVC-HEV by declaring compliance with at least 20 % lower emission limits than those set out in Annex I for gaseous pollutants and one order of magnitude lower emission limits for particle number emissions; (b) for OVC-HEV by declaring compliance with at least 20 % lower emission limits than those set out in Annex I for gaseous pollutants, one order of magnitude lower emission limits for particle number emissions and battery durability that is at least 10 percentage points higher than the requirements set out in Annex II; (c) for PEV by declaring battery durability that is at least 10 percentage points higher than the requirements set out in Annex II.deleted
2023/05/30
Committee: ITRE
Amendment 210 #

2022/0365(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Compliance of these vehicles with the requirements under paragraph 1 shall be checked against the declared values.deleted
2023/05/30
Committee: ITRE
Amendment 213 #

2022/0365(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. Manufacturers may designate vehicles as “Euro 7G vehicle” where those vehicles are equipped with internal combustion engines with geofencing technologies. The manufacturer shall install a driver warning system on those vehicles to inform the user when the traction batteries are nearly empty and to stop the vehicle if not charged within 5 km from the first warning while on zero- emission mode. The application of such geofencing technologies may be verified during the lifetime of the vehicle.
2023/05/30
Committee: ITRE
Amendment 214 #

2022/0365(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)
4a. Manufacturers may designate vehicles as "Euro 7CN vehicle" where those vehicles are equipped with internal combustion engines running on CO2 neutral fuels, as defined in Art. 3 (78a), either exclusively or as a blend. The tailpipe CO2 emissions from Euro 7CN vehicles running exclusively on CO2 neutral fuels are considered zero for the purpose of Regulation (EU) 2023/851 and [Revision of Regulation 2019/1242]. The tailpipe C02 emissions from Euro 7CN vehicles running on a blend of fossil and CO2 neutral fuels are calculated in accordance with the carbon correction factor, as defined in Art. 3 (78b), for the purpose of Regulation (EU) 2023/851 and [Revision of Regulation 2019/1242].
2023/05/30
Committee: ITRE
Amendment 216 #

2022/0365(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. Manufacturers may construct vehicles combining two or more of the characteristics referred to in paragraphs 1, 2 or 3 and designate them using a combination of symbols and letters such as “Euro 7+ACN”, “Euro 7+GCN”, “Euro 7+AGCN” or “Euro 7AG” vehicles.
2023/05/30
Committee: ITRE
Amendment 222 #

2022/0365(COD)

Proposal for a regulation
Article 6 – paragraph 6 – introductory part
6. The OBM systems installed by the manufacturer in these vehicles shall be capable of monitoring emissions within the measurement tolerance and of communicating this data via the OBD port and optionally of the following:ver the air, including for the purpose of roadworthiness tests and technical roadside inspections;
2023/05/30
Committee: ITRE
Amendment 223 #

2022/0365(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point a
(a) registering the magnitude and duration of all emission exceedances;deleted
2023/05/30
Committee: ITRE
Amendment 225 #

2022/0365(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point b
(b) communicating the data of the emission behaviour of the vehicle, including pollutant sensor and exhaust flow data, via the OBD port and over the air, including for the purpose of roadworthiness tests and technical roadside inspections55,56; _________________ 55 Directive 2014/47/ EU of the European Parliament and of the Council of 3 April 2014 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (OJ L 127, 29.4.2014, p. 134). 56 Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 129)deleted
2023/05/30
Committee: ITRE
Amendment 227 #

2022/0365(COD)

(c) triggering repair of the vehicle when the driver warning system notifies significantly excess emissions.deleted
2023/05/30
Committee: ITRE
Amendment 230 #

2022/0365(COD)

Proposal for a regulation
Article 6 – paragraph 7
7. The OBFCM devices installed by the manufacturer in these vehicles shall be capable of communicating the vehicle data they record via the OBD port and over the air, respecting the provisions of Regulation (EU) 2016/679.
2023/05/30
Committee: ITRE
Amendment 243 #

2022/0365(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. As regards pollutant emissions, small volume manufacturers may substitute tests set out in tables 1, 3, 5, 7 and 9 of Annex V with declarations of conformity. The compliance of vehicles constructed and put into the market by small volume manufacturers may be tested for in service conformity and market surveillance in accordance with tables 2, 4, 6, 8 and 10 of Annex V. Conformity of production tests set out in Annex V shall not be required. Article 4(46) point (b) shall not apply to small volume manufacturers.
2023/05/30
Committee: ITRE
Amendment 250 #

2022/0365(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. With effect from … [OP please insert the date = the date of entry into force of this Reguall relevant secondary legislation], where a manufacturer so requests, the national approval authorities shall not refuse to grant EU emission type-approval or national emission type-approval for a new type of vehicle or engine, or prohibit the registration, sale or entry into service of a new vehicle complying with this regulation.
2023/05/30
Committee: ITRE
Amendment 254 #

2022/0365(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. With effect from 1 July 2025... [OP please insert the date = three years after the date of entry into force of all relevant secondary legislation], national authorities shall, in the case of new M1, N1 vehicles, in respect to new vehicle types, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption or battery durability, prohibit the registration, sale or entry into service of such vehicles. With effect from ... [OP please insert the date = five years after the date of entry into force of all relevant secondary legislation], national authorities shall, in the case of all new M1, N1 vehicles, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption or battery durability, prohibit the registration, sale or entry into service of such vehicles.
2023/05/30
Committee: ITRE
Amendment 264 #

2022/0365(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. With effect from 1 July 2027... [OP please insert the date = three years after the date of entry into force of all relevant secondary legislation], national authorities shall, in the case of new M2, M3, N2, N3 vehicles and new O3, O4 trailers, in respect to new vehicle or trailer types, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles. With effect from ... [OP please insert the date = five years after the date of entry into force of all relevant secondary legislation], national authorities shall, in the case of all new M2, M3, N2, N3 vehicles and all new O3, O4 trailers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
2023/05/30
Committee: ITRE
Amendment 301 #

2022/0365(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point a
(a) the methods to measure exhaust emissions in the lab and on the road, including random and worst-casemeasures to prevent biased driving during RDE test cyclesing, the use of portable emissions measurement systems for verifying real driving emissions, and idle emissions;
2023/05/30
Committee: ITRE
Amendment 314 #

2022/0365(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point w a (new)
(wa) the laboratory and in-service conformity test procedures laid down in Regulation (EC) 595/2009 for category M2, M3, N2 and N3 vehicles.
2023/05/30
Committee: ITRE
Amendment 318 #

2022/0365(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point a
(a) Annex III, as regards the test conditions for M2, M3, N2, N3 vehicles, based on data collected when testing Euro 7 vehicles;deleted
2023/05/30
Committee: ITRE
Amendment 319 #

2022/0365(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point b
(b) Annex III, as regards the test conditions, based on data coldelected when testing Euro 7 brakes or tyres;
2023/05/30
Committee: ITRE
Amendment 320 #

2022/0365(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c
(c) Annex V, as regards the application of test requirements and declarations, based on technical progress;deleted
2023/05/30
Committee: ITRE
Amendment 323 #

2022/0365(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point d
(d) Article 5 by introducing options and designations based on innovative technologies for manufacturers, including for vehicles equipped with an internal combustion engine running on CO2 neutral fuels, either exclusively or as a blend.
2023/05/30
Committee: ITRE
Amendment 325 #

2022/0365(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) setting out brake particle emission limits in Annex I referring to the work performed inafter the completion and taking into account the work of the task force on Brake Emissions conducted under the auspices of the UN World Forum for Harmonisation of Vehicle Regulations (WP29);
2023/05/30
Committee: ITRE
Amendment 326 #

2022/0365(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) setting out abrasion limits for tyre types in Annex I referring to the work performed inafter the completion and taking into account the work of the task force on tyre abrasion conducted under the auspices of the UN World Forum for Harmonisation of Vehicle Regulations (WP29);
2023/05/30
Committee: ITRE
Amendment 331 #

2022/0365(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point e a (new)
(ea) setting out requirements and rules, in cooperation with manufactures and suppliers, for technical devices in vehicles that recognize the exclusive use of CO2 neutral fuels in vehicles.
2023/05/30
Committee: ITRE
Amendment 340 #

2022/0365(COD)

Proposal for a regulation
Article 19 – paragraph 1
Regulation (EC) 715/2007 is repealed with effect from 1 July 2025the date specified in Article 10(4).
2023/05/30
Committee: ITRE
Amendment 345 #

2022/0365(COD)

Proposal for a regulation
Article 19 – paragraph 2
Regulation (EC) 595/2009 is repealed with effect from 1 July 2027the date specified in Article 10(5).
2023/05/30
Committee: ITRE
Amendment 352 #

2022/0365(COD)

Proposal for a regulation
Article 20 – paragraph 2
It shall apply from 1 July 2025 for M1, N1 vehicles and components and separa... [OP please insert the date = three years after technical units for those vehicles and from 1 July 2027 forhe date of entry into force of all relevant secondary legislation] for M1, M2, M3, N1, N2, N3 vehicles and components and separate technical units for those vehicles and for O3, O4 trailers.
2023/05/30
Committee: ITRE
Amendment 362 #

2022/0365(COD)

Proposal for a regulation
Annex I – table 1
Euro 7 exhaust emission limits for M1, N1 vehicles with internal combustion engine Pollutant M1, N1 Only for N1 Emission Emission emissions vehicles vehicles budget for budget for with power all trips less all trips less to mass than 10 km than 10 km ratio1 less for M1, N1 only for N1 than 3544 vehicles vehicles kW/t with power to mass ratio less than 35 44 kW/t per km per km per trip per trip NOx in mg 60 75 150 600 751500 PM in mg 4.5 4.5 45 450 PN10 in # 6×1011 6×1011 6×1012 6×1012 CO in mg 500 63750 5000 637500 THC in mg 100 1350 1000 13500 NMHC in 68 90 100 680 91000 mg NH3 in mg 20 240 200 2400 ______________________ 1. Measured in accordance with paragraph 5.3.2. of UN/ECE Regulation No 85 in the case of ICEVs and PEVs, or, in all other cases, measured in accordance with one of the test procedures laid down in paragraph 6 of UN Global Technical Regulation 21
2023/05/30
Committee: ITRE
Amendment 365 #

2022/0365(COD)

Proposal for a regulation
Annex I – table 2
Euro 7 exhaust emission limits for M2, M3, N2 and N3 vehicles with internal combustion engine and internal combustion engines used in those vehicles Pollutant Hot emissions3 Emission budget Optional idle emissions ColWHSC (CI) and WHTC (CI and RDE for all trips less emission limits4 emissions2 than 3*WHTC emissions PI) NOx in 250 long per kWh per kWh 375 per mg/kWh per hour NOx in mgPM in 350 90 1508 5000 PM in mg 12 8 mg/kWh 10 PN10 in # 5x1011 2x1011 36x1011 CO in mg 3500 200 2700 NMOG 9x1011 #/kWh CO in 50 1600 75 2400 mg NH3 in mg 65 65 70mg/kWh CH4NH3 in mg ppm 500 3510 500 N2O in mg 160 100 140 H5 CHO4 in 30 500 30 mg ______________________ 2. Cold emissions refers to the 100th percentile of moving windows (MW) of 1 WHTC for vehicles, or WHTCcold for engines 3. Hot emission refers to the 90th percentile of moving windows (MW) of 1 WHTC for vehicles or WHTChot for engines 4. Applicable only if a system is not present that automatically shuts down the engine after 300 seconds of continuous idling operation (once the vehicle is stopped and brakes applied) 750 mg/kWh
2023/05/30
Committee: ITRE
Amendment 375 #

2022/0365(COD)

Proposal for a regulation
Annex III – table 1
Conditions for testing compliance of M1, N1 vehicles with exhaust emission limits with any market fuel and lubricant within the specifications issued by the manufacturer of the vehicle Parameter Normal driving conditions Extended driving conditions* - 1.6 (applies to measured emissions only during the time Extended driving divider when one of the conditions set out in this column applies)when one of the conditions set out in this column applies; data optained when more than one of the conditions set out in this column apply, shall be excluded from the test) Ambient temperature 0°C to 35°C -10°C to 0°C or 35°C to 45°C 700 m More than 700 m and below 1 Maximum altitude 800 m 800 m Maximum speed Up to 145 km/h Between 145 and 160 km/h Not allowed Allowed according to Towing/aerodynamic manufacturer specifications and modifications up to the regulated speed. Auxiliaries Possible as per normal use - - Maximum average wheel Lower than 20% of Higher than 20% of maximum Between 20% and 30% of power during first 2 km maximum wheel power maximum wheel power after cold start Trip composition Any Any, excluding biased Any, excluding biased driving Trip composition -driving Minimum mileage 10 000 km Between 3 000 and 10 000 km ______________________ * The same emission strategy shall be used when a vehicle is run outside those conditions, unless there is a technical reason approved by the type approval authority.
2023/05/30
Committee: ITRE
Amendment 376 #

2022/0365(COD)

Proposal for a regulation
Annex III – table 2
[…]deleted
2023/05/30
Committee: ITRE
Amendment 119 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group,duly reflecting the decision provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Where the Commission considers that the threat referred to in Article 3(2) is present, despite the advisory group stating otherwise in its decision, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act adopted by an unanimous decision. Such an implementing act shall contain the following:
2023/04/27
Committee: ITRE
Amendment 136 #

2022/0278(COD)

Proposal for a regulation
Article 9 a (new)
Article9a 3. The Commission shall transmit the opinion provided by the advisory group that led to the activation of the vigilance mode simultaneously to the European Parliament and the Council without undue delay.
2023/04/27
Committee: ITRE
Amendment 137 #

2022/0278(COD)

Proposal for a regulation
Article 9 b (new)
Article9b 4. In order to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the Commission to provide information about the state of play of the vigilance mode.
2023/04/27
Committee: ITRE
Amendment 146 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementing act adopted pursuant to Article 9(1),, identify those for which it may be necessary to build a reserve in order to prepare for a Single Market emergency, taking into account the probability and impact of shortages. The Commission shall give a detailed reason for this identification and for the need to build a reserve and inform the Member States thereof.
2023/04/27
Committee: ITRE
Amendment 159 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Member States shall report to the Commission the approximate levels of strategic reserves of goods of strategiccritical importance held by them, and the levels of other stocks of such goods held on their territory, where such information is known. Such information shall be confidential.
2023/04/27
Committee: ITRE
Amendment 173 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2
Following such an assessment, where the Commission establishes, supported by objective data, that (a) the needs for the good in question remain unchanged or have increased compared to the situation at the time the target referred to in paragraph 4 was first set or last amended pursuant to paragraph 4, (b) access to the concerned good is indispensable to ensure preparedness for a Single Market emergency (c) the Member State concerned has not provided sufficient evidence to explain the failure to meet the individual target, and (d) exceptional circumstances exist, in that the failure by that Member State, considering its importance to the supply chain concerned, to build up such strategic reserves gravely imperils the Union’s preparedness in the face of an impending threat of a Single Market emergency, the Commission may adopt an implementing act, requiring the Member State in question to build up its strategic reserves of the goods concerned by a set deadline.deleted
2023/04/27
Committee: ITRE
Amendment 196 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, following a positive decision of the advisory group, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may following a positive decision of the advisory group, address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Market emergency and may only be adopted where the crisis-relevent goods cannot be procured in accordance with Articles 34, 37 and 38.
2023/04/27
Committee: ITRE
Amendment 200 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Where tThe economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the ordersmay decide to decline the requirement specified in the decision, i. It shall providereply to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, in light of the objectives of this provision, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, or other considerations of comparable gravity.
2023/04/27
Committee: ITRE
Amendment 202 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality.deleted
2023/04/27
Committee: ITRE
Amendment 207 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 6
6. The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonablemarket price.
2023/04/27
Committee: ITRE
Amendment 208 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 7
7. Where an economic operator accepts and prioritises a priority rated order, it shall not be liable for any breach of contractual obligations governed by the law of a Member State that is required to comply with the priority rated order. Liability shall be excluded only to the extent the violation of contractual obligations is necessary for compliance with the required prioritisation. Entities and persons affected by the necessary breach of the contractual obligations for compliance with the required prioritisation shall also not be liable themselves for any breach of contractual obligations derived from the original breach.
2023/04/27
Committee: ITRE
Amendment 215 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (ab) and (b)shall not exceed 200 000 EUR. The maximum fine imposed in the cases referred to in paragraph 1(b) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 2005 000 EUR.
2023/04/27
Committee: ITRE
Amendment 217 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 0,5 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 0,5 % of total turnover in the preceding business year. The maximum fine imposed in the cases referred to in paragraph 1(c) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 0.1 % of the average daily turnover in the preceding business year for each working day of non- compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision but not exceeding 0.1% of total turnover in the preceding business year.
2023/04/27
Committee: ITRE
Amendment 225 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. The Commission shall assess the utility, necessity and proportionality of the request. If the Commission decides to launch a procurement on behalf of the Member States, it shall inform the advisory group and the Member States concerned about its intention to carry out such procurement. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the advisory group referred to in Article 4 and give reasons for its refusal. The Commission shall launch a call for other Member States to participate in the request.
2023/04/27
Committee: ITRE
Amendment 230 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 3 a (new)
3a. 3 a. If the Commission is unable to award the contract to a suitable economic operator, the Commission shall immediately inform the Member States. Member States shall have a right to initiate their own procurement processes without delay.
2023/04/27
Committee: ITRE
Amendment 124 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (Eu) 2018/2001
Article 15b – paragraph 2 – point c
(c) the availability of relevant renewable heating network and grid infrastructure, storage and other flexibility tools or the potential to create such grid infrastructure and storage.
2022/09/29
Committee: ITRE
Amendment 152 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 3a (new)
(3 a) When identifying land, subsurface and sea areas necessary for the installation of plants for the production of energy from renewable sources, Member States shall deploy a mechanism supporting the necessary renewable heating network and power grid development in order to provide a fully integrated energy system.
2022/09/29
Committee: ITRE
Amendment 170 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 Directive (UE) 2018/2001
(a) Designate sufficiently homogeneous land, subsurface and sea areas where the deployment of a specific type or types of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. In doing so, Member States shall:
2022/09/29
Committee: ITRE
Amendment 175 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 1
— give priority to artificial and built surfaces and subsurfaces, such as rooftops, transport infrastructure areasparking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture;
2022/09/29
Committee: ITRE
Amendment 179 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – letter a –indent 2
exMay include Natura 2000 sites and nature parks and reserves, the identified bird migratory routes as well as other areas identified based on sensitivity maps and the tools referred to in the next point, except for artificial and built surfaces located in those areas such as rooftops, parking areas or transport infrastructure if appropriate mitigation and biodiversity-enhancement measures are duly adopted.
2022/09/29
Committee: ITRE
Amendment 184 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point b
(b) Establish appropriate rules for the designated renewable go-to areas, including on the mitigation measures to be adopted for the installation of renewable energy plants, co-located energy storage facilities, as well as assets necessary for their connection to renewable heat networks or to the grid, in order to avoid or, if not possible, to significantly reduce the negative environmental impacts that may arise. Where appropriate, Member States shall ensure that appropriate mitigation measures are applied to prevent the situations described in Articles 6(2) and 12(1) of Directive 92/43/EEC, Article 5 of Directive 2009/147/EEC and Article 4(1)(a)(i) and (ii) of Directive 2000/60/EC. Such rules shall be targeted to the specificities of each identified renewable go-to area, the renewable energy technology or technologies to be deployed in each area and the identified environmental impacts. Compliance with such rules and the implementation of the appropriate mitigation measures by the individual projects shall result in the presumption that projects are not in breach of those provisions without prejudice to paragraphs 4 and 5 of Article 16a. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Council Directive 92/43/EEC and Directive 2009/147/EEC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such measures is closely monitored and appropriate steps are taken immediately if they do not prove to be effective. .
2022/09/29
Committee: ITRE
Amendment 194 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 3
(3) The plan or plans designating renewables go-to areas shall be made public, and continually updated to record new capacity in electronic format, and shall be reviewed periodically, at least in the context of the update of the national energy and climate plans pursuant to Article 14 of Regulation (EU) 2018/1999.
2022/09/29
Committee: ITRE
Amendment 201 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (Eu) 2018/2001
Article 16 paragraph 1
(1) The permit-granting process shall cover all relevant administrative permits to build, repower and operate plants for the production of energy from renewable sources, co-located energy storage facilities, as well as assets necessary for their connection to the gridrenewable heat networks, renewable district heating, heating systems and the grid and those necessary for the development of the electric transmission grid required to integrate the renewable energy plant in the system, including grid connection permits and environmental assessments where these are required. The permit- granting process shall comprise all procedures from the acknowledgment of the validity of the application in accordance with paragraph 2 to the notification of the final decision on the outcome of the procedure by the relevant authority or authorities.
2022/09/29
Committee: ITRE
Amendment 234 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 1
(1) Member States shall ensure that the permit-granting process referred to in Article 16(1) shall not exceed one year for projects in renewables go-to areas. For generation assets and assets necessary for their connection to the grid, the process shall not exceed six month. Where duly justified on the ground of extraordinary circumstances, thatose one-year and six months periods may be extended by up to three months. In such a case, Member States shall clearly inform the developer about the extraordinary circumstances that justified the extension.
2022/09/29
Committee: ITRE
Amendment 240 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 2
(2) The permit-granting process for the repowering of plants and for new installations with an electrical capacity of less than 150 kW, co-located energy storage facilities as well as their grid connection, located in renewables go-to areas shall not exceed six months. Where duly justified on the ground of extraordinary circumstances, such as on grounds of overriding safety reasons where the repowering project impacts substantially on the grid or the original capacity, size or performance of the installation, that one yearsix months period may be extended by up to three months. Member States shall clearly inform the project developer about the extraordinary circumstances that justify the extension. If the repowering project determines an increase in the capacity of the installation and the need for further network development without increasing the occupied area, the repowering project shall be authorized through the simplified procedure as referred to this Article.
2022/09/29
Committee: ITRE
Amendment 280 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive (EU) 2018/2001
Article 16b – paragraph 2 – subparagraph 2
Member States shall facilitate the repowering of projects located outside go- to areas by ensuring that, if an environmental assessment for a project is required under the Union environmental legislation, such assessment shall be limited to the potential impacts stemming from the change or extension compared to the original project. If the repowering project determines an increase in the capacity of the installation and the need for further network development without increased the occupied area, the repowering project shall be authorized through the simplified procedure as referred to this Article.
2022/09/29
Committee: ITRE
Amendment 281 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive (EU) 2018/2001
Article 16b – paragraph 2 – subparagraph 2a (new)
The permit-granting process for the repowering of plants, energy storage facilities and their grid connection shall not exceed six months. Where duly justified on the ground of extraordinary circumstances, that period may be extended up to 3 months. Member States shall clearly inform the project developers about the extraordinary circumstances that justify the extension.
2022/09/29
Committee: ITRE
Amendment 72 #

2022/0140(COD)

Proposal for a regulation
Recital 40
(40) The data holders can be public, non for profit or private health or care providers, public, non for profit and private organisations, associations or other entities, public and private entities that carry out research with regards to the health sector that process the categories of health and health related data mentioned above. In order to avoid a disproportionate burden on small entities, micro-enterprises are excluded from the obligation to make their data available for secondary use in the framework of EHDS. The public or private entities often receive public funding, from national or Union funds to collect and process electronic health data for research, statistics (official or not) or other similar purposes, including in area where the collection of such data is fragmented of difficult, such as rare diseases, cancer etc. Such data, collected and processed by data holders with the support of Union or national public funding, should be made available by data holders to health data access bodies, in order to maximise the impact of the public investment and support research, innovation, patient safety or policy making benefitting the society. In some Member States, private entities, including private healthcare providers and professional associations, play a pivotal role in the health sector. The health data held by such providers should also be made available for secondary use. At the same time, data benefiting from specific legal protection such as intellectual property from medical device companies or pharmaceutical companies often enjoy copyright protection or similar types of protection which shall be treated accordingly. However, public authorities and regulators should have access to such data, for instance in the event of pandemics, to verify defective devices and protect human health. In times of severe public health concerns (for example, PIP breast implants fraud) it appeared very difficult for public authorities to get access to such data to understand the causes and knowledge of manufacturer concerning the defects of some devices. The COVID-19 pandemic also revealed the difficulty for policy makers to have access to health data and other data related to health. Such data should be made available for public and regulatory activities, supporting public bodies to carry out their legal mandate, while complying with, where relevant and possible, the protection enjoyed by commercial data. Specific rules in relation to the secondary use of health data should be provided. Data altruism activities may be carried out by different entities, in the context of Regulation […] [Data Governance Act COM/2020/767 final] and taking into account the specificities of the health sector.
2023/03/10
Committee: ITRE
Amendment 78 #

2022/0140(COD)

Proposal for a regulation
Recital 43
(43) The health data access bodies should monitor the application of Chapter IV of this Regulation and contribute to its consistent application throughout the Union. For that purpose, the health data access bodies should cooperate with each other and with the Commission, without the need for any agreement between Member States on the provision of mutual assistance or on such cooperation. The health data access bodies should also cooperate with stakeholders, including patient organisations. Since the secondary use of health data involves the processing of personal data concerning health, the relevant provisions of Regulation (EU) 2016/679 apply and the supervisory authorities under Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 should be tasked with enforcing these rules. Moreover, given that health data are sensitive data and in a duty of loyal cooperation, the health data access bodies should inform the data protection authorities of any issues related to the data processing for secondary use, including penalties. In addition to the tasks necessary to ensure effective secondary use of health data, the health data access body should strive to expand the availability of additional health datasets, support the development of AI in health and promote the development of common standards. They should apply tested techniques that ensure electronic health data is processed in a manner that preserves the privacy of the information contained in the data for which secondary use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression and randomisation of personal data. In this regard, health data access bodies should cooperate cross-border and converge on common definitions and techniques. Health data access bodies can prepare datasets to the data user requirement linked to the issued data permit. This includes rules for anonymization of microdata sets.
2023/03/10
Committee: ITRE
Amendment 101 #

2022/0140(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes the European Health Data Space (‘EHDS’) by providing for rules, common and interoperable standards and, practices, and infrastructures and a governance framework for the primary and secondary use of electronic health data.
2023/03/10
Committee: ITRE
Amendment 102 #

2022/0140(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) strengthens the rights of natural persons in relation to the availability, sharing and control of their electronic health data;
2023/03/10
Committee: ITRE
Amendment 103 #

2022/0140(COD)

Proposal for a regulation
Article 1 – paragraph 3 – point d
(d) data recipients and users to whom electronic health data are made available by data holders in the Union.
2023/03/10
Committee: ITRE
Amendment 104 #

2022/0140(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b
(b) ‘non-personal electronic health data’ means data concerning health and genetic data in electronic format that falls outside the definition of personal data provided in Article 4(1) of Regulation (EU) 2016/679; and on a case by case basis pseudonymised data according to Article 4(5) of Regulation (EU) 2016/679
2023/03/10
Committee: ITRE
Amendment 131 #

2022/0140(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Where access to electronic health data has been restricted by the natural person according to Article 3(9), the healthcare provider or health professionals shall not be informed of the content of the electronic health data without prior authorisation by the natural person, including where the provider or professional is informed of the existence and nature of the restricted electronic health data. However, health professionals should always be able to distinguish between the case where there is no data and where there is data, but access is restricted. In cases where processing is necessary in order to protect the vital interests of the data subject or of another natural person, the healthcare provider or health professional may get access to the restricted electronic health data. Following such access, the healthcare provider or health professional shall inform the data holder and the natural person concerned or his/her guardians that access to electronic health data had been granted. Member States’ law may add additional safeguards.
2023/03/10
Committee: ITRE
Amendment 146 #

2022/0140(COD)

Proposal for a regulation
Article 31 – paragraph 6
6. If the wellness application is embedded in a device, the accompanying label shall be placed on the device and in the case of software, a digital label. 2D barcodes may also be used to display the label.
2023/03/10
Committee: ITRE
Amendment 151 #

2022/0140(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point a
(a) electronic health data from EHRs;
2023/03/10
Committee: ITRE
Amendment 157 #

2022/0140(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point f
(f) person generated electronic health data, including via medical devices, wellness applications or other digital health applications;
2023/03/10
Committee: ITRE
Amendment 160 #

2022/0140(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point i
(i) electronic health data from medical registries for specific diseases;
2023/03/10
Committee: ITRE
Amendment 162 #

2022/0140(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point j
(j) electronic health data from clinical trials in accordance with Regulation (EU) No 536/2014;
2023/03/10
Committee: ITRE
Amendment 177 #

2022/0140(COD)

Proposal for a regulation
Article 33 – paragraph 4
4. Electronic health data entailing protected intellectual property and trade secrets from private enterprisehealth data holders shall be made available for secondary use. For data defined under Article 33 (k) (medical devices) where data holder can demonstrate that data are derived or inferred by means of complex proprietary algorithms and can lead to reverse engineering, data holder should be entitled to refer to data coordinator as established under Article 31 of Regulation (Data Act) to request a restriction or limitation of the sharing of data. Where such data is made available for secondary use, all measures necessary to preserve theIP rights and confidentiality of IP rights and trade secrets shall be taken. This regulation is without prejudice to Union and national legal acts providing for the protection of intellectual property rights, including Directive 2001/29/EC, Directive 2004/48/EC, Directive (EU) 2016/943 and Directive (EU) 2019/790.
2023/03/10
Committee: ITRE
Amendment 195 #

2022/0140(COD)

Proposal for a regulation
Article 33 a (new)
Article 33a Rights of natural persons in relation to the secondary use Natural persons shall have the right to restrict access by health data access bodies to all or part of their electronic health data. Member States shall establish the rules and specific safeguards regarding such restriction mechanisms.
2023/03/10
Committee: ITRE
Amendment 199 #

2022/0140(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point a
(a) activities for reasons of public interest in the area of public and occupational health, such as protection against serious cross-border threats to health, public health surveillance or ensuring high levels of quality and safety of healthcare and of medicinal products or medical devices, identification of environmental factors on health, identification of work related risks and evaluation of preventive measure taken;
2023/03/10
Committee: ITRE
Amendment 201 #

2022/0140(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f
(f) development and innovation activities for products oractivities for the development, placing on the market, advancement and seurvices contributing to public health or social security, or ensuring high levels of quality and safety ofeillance of products or services related to health or care, of medicinal products or of medical device sectors;
2023/03/10
Committee: ITRE
Amendment 204 #

2022/0140(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point g
(g) training, testing and evaluidating of algorithms, including in medical devices, AI systems and digital health applications, contributing to the public health or social security, or ensuring high levels of quality and safety of health care, of medicinal products or of medical devices related to health in accordance with the AI Act (COM/2021/206 final);
2023/03/10
Committee: ITRE
Amendment 238 #

2022/0140(COD)

Proposal for a regulation
Article 37 – paragraph 1 – point m
(m) cooperate at Union and national level to lay down common approach, technical requirements and appropriate measures and requirements for accessing electronic health data in a secure processing environment;
2023/03/10
Committee: ITRE
Amendment 256 #

2022/0140(COD)

Proposal for a regulation
Article 38 – paragraph 1 – point c
(c) the applicable rights of natural persons in relation to secondary use of electronic health data including the right to opt out for certain type of data as defined in Article 33a (new);
2023/03/10
Committee: ITRE
Amendment 292 #

2022/0140(COD)

Proposal for a regulation
Article 46 – paragraph 11
11. Data users shall make public the results or output of the secondary use of electronic health data, including information relevant for the provision of healthcare, no later than 18 months after the completion of the electronic health data processing or after having received the answer to the data request referred to in Article 47. Those results or output shall only contain anonymised data. The data user shall inform the health data access bodies from which a data permit was obtained and support them to make the information public on health data access bodies’ websites without compromising on IP and trade secrets defined in relevant union legislation. Whenever the data users have used electronic health data in accordance with this Chapter, they shall acknowledge the electronic health data sources and the fact that electronic health data has been obtained in the context of the EHDS.
2023/03/10
Committee: ITRE
Amendment 25 #

2022/0104(COD)

Proposal for a directive
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant 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 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.deleted
2022/12/09
Committee: ITRE
Amendment 27 #

2022/0104(COD)

Proposal for a directive
Recital 5
(5) A significant increase in the number of large-scale installations for the production of batteries for electric vehicles will likely take place within the Union up to 2040, increasing the Union’s share of the global battery production. Whilst several of the activities of the batteries value chain are already regulated by Directive 2010/75/EU and batteries are regulated as products by Regulation (EU) .../... of the European Parliament and of the Council* +., it is still necessary to include in the scope of the Directive large installations manufacturing batteries, ensure that they are also covered by the requirements set out in Directive 2010/75/EU and therefore contribute to a more sustainable growth of batteries manufacturing. Including large installations manufacturing batteries in the scope of Directive 2010/75/EU will improve in a holistic way the sustainability of batteries and minimise their impact on the environment throughout their life cycle.deleted
2022/12/09
Committee: ITRE
Amendment 29 #

2022/0104(COD)

Proposal for a directive
Recital 9
(9) In order to foster energy efficiency of installations within the scope of Directive 2010/75/EU which are carrying out activities listed in Annex I to Directive 2003/87/EC, it is appropriate to submit those installations to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide on the site.deleted
2022/12/09
Committee: ITRE
Amendment 45 #

2022/0104(COD)

(25) Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include transformation plans in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75 by providing a means for concrete implementation of these requirements at installation level. The first priority is the transformation of energy- intensive activities listed in Annex I. Therefore, the operators of energy- intensive installations should produce transformation plans at company level by 30 June 2030. Operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. Whilst the transformation plans at company level should remain indicative documents prepared under the responsibility of the operators, the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set by the European Commission in an implementing act, and the operators should make the transformation plans public. _________________ 75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.
2022/12/09
Committee: ITRE
Amendment 63 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point (23 b) (new)
(23b) ‘cattle’ means domestic animals of the species Bos taurus;deleted
2022/12/09
Committee: ITRE
Amendment 64 #

2022/0104(COD)

‘livestock unit’ or ‘LSU’ means the grazing equivalent of one adult dairy cow producing 3 000 kg of milk annually, without additional concentrated foodstuffs, which is used to express the size of farms rearing different categories of animals, using the conversion rates, with reference to actual production within the calendar year, set out in Annex II to Commission Implementing Regulation (EU) No 808/2014**’.deleted
2022/12/09
Committee: ITRE
Amendment 86 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
‘By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations for the production of hydrogen from water-electrolysis and installations covered only by Chapter V or Chapter VIa.’.
2022/12/09
Committee: ITRE
Amendment 88 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Member States shall ensure that permits granted pursuant to this Article are made available on the Internet, free of charge and without restricting access to registered users but only to the extent that trade and business secrets are protected. In addition, a summary of each permit shall be made available to the public under the same conditions. That summary shall include at least the following:
2022/12/09
Committee: ITRE
Amendment 109 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2
(7) In Article 9, paragraph (2) is deleted.
2022/12/09
Committee: ITRE
Amendment 111 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point (f a) (new)
(fa) material resources and water are used efficiently, including through re-use;deleted
2022/12/09
Committee: ITRE
Amendment 112 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point (f b) (new)
(fb) the overall life-cycle environmental performance of the supply chain is taken into account as appropriadelete;d
2022/12/09
Committee: ITRE
Amendment 124 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (a a)
(iii) the following point (aa) is inserted: ‘(aa) environmental performance limit values;;’deleted
2022/12/09
Committee: ITRE
Amendment 130 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point v
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (b b) (new)
(ba) appropriate requirements for an environmental management system as laid down in Article 14a;;deleted
2022/12/09
Committee: ITRE
Amendment 131 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new)
(vi) the following point (bb) is inserted: ‘(bb) suitable monitoring requirements for the consumption and reuse of resources such as energy, water and raw materials;;’deleted
2022/12/09
Committee: ITRE
Amendment 144 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a – paragraph 2 – point d
(d) a chemicals inventory of the hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures, a risk assessment of the impact of such substances on human health and the environment and an analysis of the possibilities to substitute them with safer alternatives;deleted
2022/12/09
Committee: ITRE
Amendment 145 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a – paragraph 2 – point f
(f) a transformation plan at company level as referred to in Article 27d.
2022/12/09
Committee: ITRE
Amendment 157 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – introductory part
The competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installation, and that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT- AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator of the whole BAT-AEL range analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance the installation can achievelowest possible emission limit values that the installation can achieve under normal operating conditions by applying BAT as described in BAT conclusions. The emission limit values shall be set through either of the following:
2022/12/09
Committee: ITRE
Amendment 162 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
3a. The competent authority shall set environmental performance limit values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5).deleted
2022/12/09
Committee: ITRE
Amendment 222 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 1 – first part
Member States shall require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying out anythe companies´ activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. The transformation plan shall contain information on how the installationcompany will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050, using the format referred to in paragraph 4.
2022/12/09
Committee: ITRE
Amendment 236 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – first part
Member States shall require that, as part of the review of the permit conditions pursuant to Article 21(3) following the publication of decisions on BAT conclusions after 1 January 2030, the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying outat company level of any activity listed in Annex I that is not referred to in paragraph 1. The transformation plan shall contain information on how the installationcompany will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050, using the format referred to in paragraph 4.
2022/12/09
Committee: ITRE
Amendment 245 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 3
3. The operator shall make its transformation plan as well as the results of the assessment referred to in paragraphs 1 and 2 public taking into account the confidentiality of trade and business secrets, as part of the publication of its environmental management system.
2022/12/09
Committee: ITRE
Amendment 257 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
After Article 70 – new heading
SPECIAL PROVISIONS FOR REARING POULTRY, PIGS AND CATTLE AND PIGS
2022/12/09
Committee: ITRE
Amendment 259 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70 b (new)
If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a.deleted
2022/12/09
Committee: ITRE
Amendment 263 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2
2. In order to allow the provisions of this Directive to meetdeleted it has or its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment, the Commission shall be empowered to adopt a delegated act, in accexpected to have an its environmental perfordmance with Article 76, to amend Annex I or Annex Ia by including in those Annexes an agro- industrial activity that meets the following criteria: (a) impact on human health or the environment, in particular as a consequence of pollutant emissions and use of resources; (b) diverges within the Union; (c) improvement in terms of its environmental impact through the application of best available techniques or innovative techniques; (d) this Directive is assessed, on the basis of its environmental, economic and social impacts, to have a favourable ratio of societal benefits to economic costs. presents potential for its inclusion within the scope of
2022/12/09
Committee: ITRE
Amendment 264 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 3
3. The Commission shall carry out appropriate consultation with stakeholders before adopting a delegated act in accordance with this Article. The Commission shall make public relevant studies and analyses used in the preparation of a delegated act adopted in accordance with this Article, at the latest at the adoption of the delegated act..
2022/12/09
Committee: ITRE
Amendment 271 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage.deleted
2022/12/09
Committee: ITRE
Amendment 276 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 34
Directive 2010/75/EU
Annex I a after Annex I
(34) Annex Ia as set out in Annex II to this Directive is inserdeleted.
2022/12/09
Committee: ITRE
Amendment 284 #

2022/0104(COD)

Proposal for a directive
Annex I – paragraph 1 – point c
Directive 2010/75/EU
Annex I – paragraph 2.7 (new)
2.7. Manufacture of lithium-ion batteries (including assembling battery cells and battery packs), with a production capacity of 3,5 GWh or more per year.;deleted
2022/12/09
Committee: ITRE
Amendment 291 #

2022/0104(COD)

Proposal for a directive
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3.6 (new)
3.6. Extraction and treatment (operations such as comminution, size control, beneficiation and upgrading) of the following non-energy minerals: (a) industrial minerals, including barite, bentonite, diatomite, feldspar, fluorspar, graphite, gypsum, kaolin, magnesite, perlite, potash, salt, sulphur and talc; (b) metalliferous ores, including bauxite, chromium, cobalt, copper, gold, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.’;deleted
2022/12/09
Committee: ITRE
Amendment 294 #

2022/0104(COD)

Proposal for a directive
Annex II
Directive 2010/75/EU
Annex I a (new)
‘ANNEX Ia Activities referred to in Article 70a 1. Rearing of cattle, pigs or poultry in installations of 150 livestock units (LSU) or more. 2. Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more. The approximate equivalent in LSU is based on the conversion rates established in Annex II to Commission Implementing Regulation (EU) No 808/2014*. * Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (OJ L 227, 31.07.2014, p.18).’deleted
2022/12/09
Committee: ITRE
Amendment 295 #

2022/0104(COD)

Proposal for a directive
Annex III a (new)
Directive 2010/75/EU
Annex I – paragraph 4.2 – point a
In Annex I, Point 4.2, Point (a) is replaced as follows: "(a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, except hydrogen from plants using water electrolysis technologies, sulphur dioxide, carbonyl chloride; " Or. en (32010L0075)
2022/12/09
Committee: ITRE
Amendment 30 #

2022/0099(COD)

Proposal for a regulation
Recital 6
(6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long- term, in particular, with regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phase-down for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. However to achieve the climate target in transport and energy sectors there might be a rising need of HFC. It is therefore crucial that this regulation reflect the RePowerEU target of 60 million new heat pumps by 2030, as well as invest in electrification, power grid expansions and increased use of batteries in the energy and transport sector.
2022/10/30
Committee: ITRE
Amendment 31 #

2022/0099(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) It is of great importance that the Commission in upcoming regulations take the strict phasing out of HFC into account. Parallel legislative procedures like phasing out PFAS and REACH programme risk to leave the industry with few possibilities to develop new innovative solutions that can help fight the climate crises.
2022/10/30
Committee: ITRE
Amendment 32 #

2022/0099(COD)

Proposal for a regulation
Recital 6 b (new)
(6b) As the impact assessment of this regulation does not include F-gases needed for cooling equipment in battery systems used in for example battery electric vehicles, trucks, industrial applications and batteries used in energy system storage, the consequences on the market uptake of batteries and energy storages solutions are not quantified or estimated properly. As the amount of electric vehicles and energy storage solutions are needed to increase drastically in the coming years to reach the 2030 climate target, an updated impact assessment before this legislative act enters into force is crucial to understand the consequences of the targets set in this regulation.
2022/10/30
Committee: ITRE
Amendment 124 #

2022/0099(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained.
2022/10/30
Committee: ITRE
Amendment 126 #

2022/0099(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 – point a (new)
(a) As increased demand and market uptake of battery systems is likely to increase demand for F-gases, as this is frequently used for cooling circuits of battery systems, the Commission shall present an updated impact assessment on how the phasing out of f-gases according to this regulation will affect the transition towards electric vehicles and energy storage solutions, before this legislative text enters into force. Should the assessment conclude that the maximum quantity targets set in Annex VII in this regulation substantially threatens the electrification and transition towards electric vehicles and energy storage, the Commission shall by means of an implementing act present proper maximum quantity targets accordingly.
2022/10/30
Committee: ITRE
Amendment 133 #

2022/0099(COD)

Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – introductory part
Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to foureight years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:
2022/10/30
Committee: ITRE
Amendment 138 #

2022/0099(COD)

Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 1
Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, and spare parts for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2). Therefore the prohibition set out in paragraph 1, first subparagraph shall not cover spare parts that are needed for repair and maintenance of existing installations.
2022/10/30
Committee: ITRE
Amendment 157 #

2022/0099(COD)

Proposal for a regulation
Article 13 – paragraph 4
4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 20269, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission.
2022/10/30
Committee: ITRE
Amendment 165 #

2022/0099(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point e a (new)
(ea) supplied directly by a producer or an importer for medical use if the usage is of medical necessity and there is no other suitable alternative, and for manufacturers of medical equipment constructed for export out of the EU, this exception shall be valid until 31 December 2028.
2022/10/30
Committee: ITRE
Amendment 169 #

2022/0099(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point e b (new)
(eb) supplied directly by a producer or an importer for usage of repair of installations already existing on the market when this regulation is implemented.
2022/10/30
Committee: ITRE
Amendment 170 #

2022/0099(COD)

Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – introductory part
Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to foureight years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that:
2022/10/30
Committee: ITRE
Amendment 181 #

2022/0099(COD)

Proposal for a regulation
Article 17 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons or jeopardize the green transition on the energy market, transport sector, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects.
2022/10/30
Committee: ITRE
Amendment 268 #

2022/0099(COD)

Proposal for a regulation
Annex IV – table – point 23 – point a
(a) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies 1 January upon, gases with GWP of 10 or more, or with GWP of 2000 or more, unless 1000 or more, unless evidence is provided that no 2026 evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above;
2022/10/30
Committee: ITRE
Amendment 272 #

2022/0099(COD)

Proposal for a regulation
Annex IV – table – point 23 – point b
(b) medium voltage switchgear for primary and secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 or more, or with GWP of 1 January more than 2 000, unless evidence is 1 January whose functioning relies upon gases with GWP of 1000, unless evidence is 2030 provided that no suitable alternative is 2030 available based on technical grounds within the lower GWP ranges referred to above;
2022/10/30
Committee: ITRE
Amendment 273 #

2022/0099(COD)

Proposal for a regulation
Annex IV – table – point 23 – point c
(c) high voltage switchgear from 52 and up to 145 kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning 1 January relies upon gases with GWP of 10 or more, or with GWP of more than 2000,00, unless evidence is provided that no 2028 unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above;
2022/10/30
Committee: ITRE
Amendment 278 #

2022/0099(COD)

(d) high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose functioning 1 January relies upon gases with GWP of 10 or more, or with GWP of more than 2 00000 unless evidence is provided that no 2031 unless evidence is provided that no suitable alternative is available based on technical grounds within the lower GWP ranges referred to above.
2022/10/30
Committee: ITRE
Amendment 171 #

2022/0074(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) No 909/2014
Article 24a – paragraph 6 a (new)
6a. At the request of any of its members, and upon adoption by a majority of the college in accordance with paragraph 6b, the college may adopt reasoned opinions with regard to issues identified during the review and evaluation processes pursuant to Article 22 or Article 60, or that relate to any extension or outsourcing of activities and services under Article 19, or concerning any potential breach of the requirements laid down in this Regulation arising from the provision of services in a host Member State as referred to in Article 24(5).
2022/11/16
Committee: ECON
Amendment 172 #

2022/0074(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) No 909/2014
Article 24a – paragraph 6 b (new)
6b. A reasoned opinion of the college shall be adopted on the basis of a simple majority of its members. Each member of the college shall have one vote. Members of the college that act in more than one capacity, including as competent authority and as relevant authority, shall have one vote for each capacity in which it acts. Where EBA is a member of the college pursuant to paragraph 2 of this Article, its voting member shall have voting rights only on those opinions that relate to issues identified during the review and evaluation process pursuant to Article 60.
2022/11/16
Committee: ECON
Amendment 103 #

2022/0051(COD)

Proposal for a directive
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to protrespect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. __________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
2022/10/27
Committee: ECON
Amendment 106 #

2022/0051(COD)

Proposal for a directive
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protrespect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. __________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
2022/10/27
Committee: ECON
Amendment 122 #

2022/0051(COD)

Proposal for a directive
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and valuesupply chains.
2022/10/27
Committee: ECON
Amendment 130 #

2022/0051(COD)

Proposal for a directive
Recital 17
(17) Adverse human rights and environmental impact occur in companies’ own operations, subsidiaries, products, and in their valuesupply chains, in particular at the level of raw material sourcing, manufacturing, or at the level of product or waste disposal. In order for the due diligence to have a meaningful impact, it should cover human rights and environmental adverse impacts generated throughout the life-cycle of production and use and disposal of product or provision of services, at the level of own operations, subsidiaries and in valuesupply chains.
2022/10/27
Committee: ECON
Amendment 133 #

2022/0051(COD)

Proposal for a directive
Recital 18
(18) The value chain should cover‘Supply chain’ means the activities related to the production of a 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 established business relationships of the company. It should encompasss well as the related activities of upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfillingof the company.
2022/10/27
Committee: ECON
Amendment 151 #

2022/0051(COD)

Proposal for a directive
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their valuesupply chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that companyon an ongoing basis, taking a risk-based approach.
2022/10/27
Committee: ECON
Amendment 165 #

2022/0051(COD)

Proposal for a directive
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and valuesupply chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less than EUR 150 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
2022/10/27
Committee: ECON
Amendment 183 #

2022/0051(COD)

Proposal for a directive
Recital 32
(32) In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should take into account the interests of those adversely impacted. In order to enable continuous engagement with the valuesupply chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action, in line with the Union`s policy of zero-tolerance on child labour. Terminating a business relationship in which child labour was found could expose the child to even more severe adverse human rights impacts. This should therefore be taken into account when deciding on the appropriate action to take.
2022/10/27
Committee: ECON
Amendment 188 #

2022/0051(COD)

Proposal for a directive
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
2022/10/27
Committee: ECON
Amendment 199 #

2022/0051(COD)

Proposal for a directive
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
2022/10/27
Committee: ECON
Amendment 208 #

2022/0051(COD)

Proposal for a directive
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s valuesupply chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end.
2022/10/27
Committee: ECON
Amendment 214 #

2022/0051(COD)

Proposal for a directive
Recital 41
(41) In order to ensure that bringing actual adverse impacts to an end or minimising them is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting at bringing actual adverse impacts to an end or minimising them without success. However, this Directive should also, for cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, or terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws.
2022/10/27
Committee: ECON
Amendment 222 #

2022/0051(COD)

Proposal for a directive
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 monthsThe assessments should be carried out on an ongoing basis, taking a risk-based approach, and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
2022/10/27
Committee: ECON
Amendment 226 #

2022/0051(COD)

Proposal for a directive
Recital 45
(45) In order to facilitate companies’ compliance with their due diligence requirements through their valuesupply chain and limiting shifting compliance burden on SME business partners, the Commission should provide guidance on model contractual clauses.
2022/10/27
Committee: ECON
Amendment 231 #

2022/0051(COD)

Proposal for a directive
Recital 48
(48) In order to complement Member State support to SMEs, the Commission may build on existing EU tools, projects and other actions helping with the due diligence implementation in the EU and in third countries. It may set up new support measures that provide help to companies, including SMEs on due diligence requirements, including an observatory for valuesupply chain transparency and the facilitation of joint stakeholder initiatives.
2022/10/27
Committee: ECON
Amendment 258 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationshippartners 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 value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
2022/10/28
Committee: ITRE
Amendment 273 #

2022/0051(COD)

Proposal for a directive
Recital 71
(71) The objective of this Directive, namely better exploiting the potential of the single market to contribute to the transition to a sustainable economy and contributing to sustainable development through the prevention and mitigation of potential or actual human rights and environmental adverse impacts in companies’ valuesupply chains, cannot be sufficiently achieved by the Member States acting individually or in an uncoordinated manner, but can rather, by reason of the scale and effects of the actions, be better achieved at Union level. In particular, addressed problems and their causes are of a transnational dimension, as many companies are operating Union wide or globally and valuesupply chains expand to other Member States and to third countries. Moreover, individual Member States’ measures risk being ineffective and lead to fragmentation of the internal market. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
2022/10/27
Committee: ECON
Amendment 274 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point o
(o) ‘director’ means: (i) any member of the administrative, management or supervisory bodies of a company; (ii) where they are not members of the administrative, management or supervisory bodies of a company, the chief executive officer and, if such function exists in a company, the deputy chief executive officer; (iii) functions similar to those performed under point (i) or (ii);deleted other persons who perform
2022/10/28
Committee: ITRE
Amendment 278 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point p
(p) ‘board of directors’ means the administrative or supervisory body responsible for supervising the executive management of the company, or, if no such body exists, the person or persons performing equivalent functions;deleted
2022/10/28
Committee: ITRE
Amendment 279 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by entities with whom the company has an established business relationship and
2022/10/27
Committee: ECON
Amendment 289 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 12 monthson an ongoing basis, taking a risk-based approach.
2022/10/27
Committee: ECON
Amendment 311 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their valuesupply chains, fromthose of their established business relationshippartners, in accordance with paragraph 2, 3 and 4.
2022/10/28
Committee: ITRE
Amendment 318 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1 a (new)
1a. For the purpose of fulfilling the obligation in paragraph 1, companies may map all areas of their own operations, those of their subsidiaries and, where related to their supply chains, those of their established business partners. Based on the results of that mapping, companies may carry out an in-depth assessment of the areas where adverse impacts were identified to be most likely to be present or most significant.
2022/10/28
Committee: ITRE
Amendment 323 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 2 a (new)
2a. Member States shall ensure that companies, when fulfilling the obligation in paragraph 1, are obliged to assess indirect business partners in-depth only when the companies have factual knowledge of actual or potential adverse impacts arising from the activities of the respective indirect business partner.
2022/10/28
Committee: ITRE
Amendment 327 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 3
3. When companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, identification of actual and potential adverse human rights impacts and adverse environmental impacts shall be carried out only before providing that service..
2022/10/28
Committee: ITRE
Amendment 367 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
(e) ‘business relationship’ means a relationship with a contractor, subcontractor or any other legal entities (‘partner’) in the supply chain
2022/10/27
Committee: ECON
Amendment 396 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationshippartners 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 value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
2022/10/27
Committee: ECON
Amendment 410 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point h
(h) ‘independent third-party verification’ means verification of the compliance by a company, or parts of its valuesupply chain, with human rights and environmental requirements resulting from the provisions of this Directive by an auditor which is independent from the company, free from any conflicts of interests, has experience and competence in environmental and human rights matters and is accountable for the quality and reliability of the audit;
2022/10/27
Committee: ECON
Amendment 412 #

2022/0051(COD)

Proposal for a directive
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 organisations;
2022/10/27
Committee: ECON
Amendment 427 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point o
(o) ‘director’ means: (i) any member of the administrative, management or supervisory bodies of a company; (ii) administrative, management or supervisory bodies of a company, the chief executive officer and, if such function exists in a company, the deputy chief executive officer; (iii) other persons who perform functions similar to those performed under point (i) or (ii);deleted where they are not members of the
2022/10/27
Committee: ECON
Amendment 436 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point p
(p) ‘board of directors’ means the administrative or supervisory body responsible for supervising the executive management of the company, or, if no such body exists, the person or persons performing equivalent functions;deleted
2022/10/27
Committee: ECON
Amendment 488 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Member States shall ensure that companies duly take into account the fulfilment of the obligations referred to in paragraphs 1 and 2 when setting variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.deleted
2022/10/28
Committee: ITRE
Amendment 491 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their valuesupply chains, fromthose of their established business relationshippartners, in accordance with paragraph 2, 3 and 4.
2022/10/27
Committee: ECON
Amendment 495 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their valuesupply chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
2022/10/27
Committee: ECON
Amendment 500 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1 a (new)
1 a. For the purpose of fulfilling the obligation in paragraph 1, companies may map all areas of their own operations, those of their subsidiaries and, where related to their supply chains, those of their established business partners. Based on the results of that mapping, companies may carry out an in-depth assessment of the areas where adverse impacts were identified to be most likely to be present or most significant.
2022/10/27
Committee: ECON
Amendment 513 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 2 a (new)
2 a. Member States shall ensure that companies, when fulfilling the obligation in paragraph 1, are obliged to assess indirect business partners in-depth only when the companies have factual knowledge of actual or potential adverse impacts arising from the activities of the respective indirect business partner.
2022/10/27
Committee: ECON
Amendment 516 #

2022/0051(COD)

Proposal for a directive
Article 22 – title
Civil liabilitAccess to remedy
2022/10/28
Committee: ITRE
Amendment 517 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – introductory part
1. Member States shall ensure that a companies arey is liable for damages to an injured person if:
2022/10/28
Committee: ITRE
Amendment 518 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 3
3. When companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, identification of actual and potential adverse human rights impacts and adverse environmental impacts shall be carried out only before providing that service..
2022/10/27
Committee: ECON
Amendment 518 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – point a
(a) theit intentionally or negligently failed to comply with thean obligations laid down in Articles 7 and 8or 8 that has protective effect towards the injured person and;
2022/10/28
Committee: ITRE
Amendment 520 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identifieddeath, personal injury, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damagestriction of personal liberty, or damage to or destruction of any item of property was caused.
2022/10/28
Committee: ITRE
Amendment 523 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mA company shall only be liable in cases of intent or gross negligence if it has acceded to an industry or sector initiative and implemented a standard set by this initigate, bring to an end or minimise the extent of the adverse impact.ive into its normal course of business and
2022/10/28
Committee: ITRE
Amendment 526 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 – point a (new)
(a) the industry or sector initiative is based on a multi-stakeholder approach;
2022/10/28
Committee: ITRE
Amendment 527 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 – point b (new)
(b) the implemented standard was set up and is able to ensure that companies are regularly in full compliance with the obligations laid out in Article 7 and 8; and
2022/10/28
Committee: ITRE
Amendment 528 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 – point c (new)
(c) the implemented standard was approved by a competent public authority at the time of the death, personal injury, restriction of personal liberty or damage to or destruction of any item of property.
2022/10/28
Committee: ITRE
Amendment 529 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
In the assessment of the existence and extent of liability under this paragraph, due account shall be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as any collaboration with other entities to address adverse impacts in its value chains.deleted
2022/10/28
Committee: ITRE
Amendment 530 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3
3. The civil liability of a company for damages arising under this provision shall be without prejudice to the civil liability of its subsidiaries or of any direct and indirect business partners in the value chain.A company shall also only be liable in cases of intent or gross negligence if it has obtained certification by an independent certification entity that it is regularly in full compliance with the obligations laid down in Article 7 and 8 and
2022/10/28
Committee: ITRE
Amendment 531 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 – point a (new)
(a) the independent certification entity has at the time of the issuance of the certification to the company been approved by a competent public authority to issue said certifications;
2022/10/28
Committee: ITRE
Amendment 532 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 – point b (new)
(b) the independent certification entity is not directly or indirectly controlled by the company that mandated the certification; and
2022/10/28
Committee: ITRE
Amendment 533 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 – point c (new)
(c) the certification was obtained within the last five years prior to the death, personal injury, restriction of personal liberty, damage to or destruction of any item of property and has not been revoked during this time.
2022/10/28
Committee: ITRE
Amendment 534 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 4
4. The civil liability rulesof a company for damages arising under this Directiveprovision shall be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directivethe civil liability of its subsidiaries or of any direct and indirect business partners in the value chain.
2022/10/28
Committee: ITRE
Amendment 536 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 5
5. Member States shall ensure that theNo punitive damages shall be awarded under this provision. The calculation of damages and the general prerequisites and conditions of civil liability not provided for in this provisions of national law transposing this Article is of overriding mandatory application in cases where the law applicable to claims to that effect is not the law of a Member Stat shall be governed by the substantive law of the respective Member State. The civil liability under this provision shall be without prejudice to any applicable Union or national liability that provides for liability in situations not covered by or providing for stricter liability than this Directive.
2022/10/28
Committee: ITRE
Amendment 537 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 5 – subparagraph 1 a (new)
Member States shall ensure that the liability provided for in provisions of national law transposing this Article is of overriding mandatory application in cases where the law applicable to claims to that effect is not the law of a Member State.
2022/10/28
Committee: ITRE
Amendment 543 #

2022/0051(COD)

Proposal for a directive
Article 25
1. when fulfilling their duty to act in the best interest of the company, directors of companies referred to in Article 2(1) take into account the consequences of their decisions for sustainability matters, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term. 2. their laws, regulations and administrative provisions providing for a breach of directors’ duties apply also to the provisions of this Article.Article 25 deleted Directors’ duty of care Member States shall ensure that, Member States shall ensure that
2022/10/28
Committee: ITRE
Amendment 549 #

2022/0051(COD)

Proposal for a directive
Article 26
Setting up and overseeing due diligence 1. directors of companies referred to in Article 2(1) are responsible for putting in place and overseeing the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in Article 5, with due consideration for relevant input from stakeholders and civil society organisations. The directors shall report to the board of directors in that respect. 2. directors take sArticle 26 deleted Member States shall ensure that Member Stateps to adapt the corporate strategy to take into account the actual and potential adverse impacts identified pursuant to Article 6 and any measures taken pursuant to Articles 7 to 9.shall ensure that
2022/10/28
Committee: ITRE
Amendment 559 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s valuesupply chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;
2022/10/27
Committee: ECON
Amendment 586 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the valuesupply chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take the following actions:
2022/10/27
Committee: ECON
Amendment 632 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the valuesupply chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.
2022/10/27
Committee: ECON
Amendment 663 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company 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:
2022/10/27
Committee: ECON
Amendment 692 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns 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 chainssupply chains. The complaint must be factually justified and reasonably documented.
2022/10/27
Committee: ECON
Amendment 704 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned, which have a legitimate concern,
2022/10/27
Committee: ECON
Amendment 732 #

2022/0051(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
2022/10/27
Committee: ECON
Amendment 759 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Member States shall, in order to provide information and support to companies and the partners with whom they have established business relationships in their valuesupply chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the value chains of companies.
2022/10/27
Committee: ECON
Amendment 793 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Member States shall ensure that companies duly take into account the fulfilment of the obligations referred to in paragraphs 1 and 2 when setting variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.deleted
2022/10/27
Committee: ECON
Amendment 848 #

2022/0051(COD)

Proposal for a directive
Article 22 – title
Civil liabilitAccess to remedy
2022/10/27
Committee: ECON
Amendment 849 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – introductory part
1. Member States shall ensure that a companies arey is liable for damages to an injured person if:
2022/10/27
Committee: ECON
Amendment 852 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – point a
(a) theit intentionally or negligently failed to comply with thean obligations laid down in Articles 7 and 8or 8 that has protective effect towards the injured person and;
2022/10/27
Committee: ECON
Amendment 853 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identifieddeath, personal injury, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damagestriction of personal liberty, or damage to or destruction of any item of property was caused.
2022/10/27
Committee: ECON
Amendment 862 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impact.deleted
2022/10/27
Committee: ECON
Amendment 863 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mA company shall only be liable in cases of intent or gross negligence if it has acceded to an industry or sector initiative and implemented a standard set by this initigate, bring to an end or minimise the extent of the adverse impact.ive into its normal course of business and
2022/10/27
Committee: ECON
Amendment 869 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – point a (new)
(a) the industry or sector initiative is based on a multi-stakeholder approach;
2022/10/27
Committee: ECON
Amendment 870 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – point a a (new)
(a a) the implemented standard was set up and is able to ensure that companies are regularly in full compliance with the obligations laid out in Article 7 and 8; and
2022/10/27
Committee: ECON
Amendment 871 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – point a b (new)
(a b) the implemented standard was approved by a competent public authority at the time of the death, personal injury, restriction of personal liberty or damage to or destruction of any item of property.
2022/10/27
Committee: ECON
Amendment 872 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
In the assessment of the existence and extent of liability under this paragraph, due account shall be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as any collaboration with other entities to address adverse impacts in its value chains.deleted
2022/10/27
Committee: ECON
Amendment 879 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3
3. The civil liability of a company for damages arising under this provision shall be without prejudice to the civil liability of its subsidiaries or of any direct and indirect business partners in the value chain.deleted
2022/10/27
Committee: ECON
Amendment 880 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3
3. The civil liability of a company for damages arising under this provision shall be without prejudice to the civil liability of its subsidiaries or of any direct and indirect business partners in the value chain.A company shall also only be liable in cases of intent or gross negligence if it has obtained certification by an independent certification entity that it is regularly in full compliance with the obligations laid down in Article 7 and 8 and:
2022/10/27
Committee: ECON
Amendment 881 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3
3. The civil liability of a company for damages arising under this provision shall be without prejudice to the civil liability of its subsidiaries or of any direct and indirect business partners in the valuesupply chain.
2022/10/27
Committee: ECON
Amendment 883 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 – point a (new)
(a) the independent certification entity has at the time of the issuance of the certification to the company been approved by a competent public authority to issue said certifications;
2022/10/27
Committee: ECON
Amendment 884 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 – point a a (new)
(aa) the independent certification entity is not directly or indirectly controlled by the company that mandated the certification; and
2022/10/27
Committee: ECON
Amendment 885 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 – point a b (new)
(ab) the certification was obtained within the last five years prior to the death, personal injury, restriction of personal liberty, damage to or destruction of any item of property and has not been revoked during this time.
2022/10/27
Committee: ECON
Amendment 886 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 4
4. The civil liability rules under this Directive shall be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.deleted
2022/10/27
Committee: ECON
Amendment 888 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 4
4. The civil liability rulesof a company for damages arising under this Directiveprovision shall be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directivethe civil liability of its subsidiaries or of any direct and indirect business partners in the value chain.
2022/10/27
Committee: ECON
Amendment 891 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 5
5. Member States shall ensure that the liability provided for in provisions of national law transposing this Article is of overriding mandatory application in cases where the law applicable to claims to that effect is not the law of a Member State.deleted
2022/10/27
Committee: ECON
Amendment 892 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 5
5. Member States shall ensure that theNo punitive damages shall be awarded under this provision. The calculation of damages and the general prerequisites and conditions of civil liability not provided for in this provisions of national law transposing this Article is of overriding mandatory application in cases where the law applicable to claims to that effect is not the law of a Member Stat shall be governed by the substantive law of the respective Member State. The civil liability under this provision shall be without prejudice to any applicable Union or national liability that provides for liability in situations not covered by or providing for stricter liability than this Directive.
2022/10/27
Committee: ECON
Amendment 893 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 5 a (new)
5 a. Member States shall ensure that the liability provided for in provisions of national law transposing this Article is of overriding mandatory application in cases where the law applicable to claims to that effect is not the law of a Member State.
2022/10/27
Committee: ECON
Amendment 907 #

2022/0051(COD)

Proposal for a directive
Article 25
1. when fulfilling their duty to act in the best interest of the company, directors of companies referred to in Article 2(1) take into account the consequences of their decisions for sustainability matters, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term. 2. Member States shall ensure that their laws, regulations and administrative provisions providing for a breach of directors’ duties apply also to the provisions of this Article.Article 25 deleted Directors’ duty of care Member States shall ensure that,
2022/10/27
Committee: ECON
Amendment 912 #

2022/0051(COD)

Proposal for a directive
Article 25
1. when fulfilling their duty to act in the best interest of the company, directors of companies referred to in Article 2(1) take into account the consequences of their decisions for sustainability matters, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term. 2. their laws, regulations and administrative provisions providing for a breach of directors’ duties apply also to the provisions of this Article.Article 25 deleted Directors’ duty of care Member States shall ensure that, Member States shall ensure that
2022/10/27
Committee: ECON
Amendment 918 #

2022/0051(COD)

Proposal for a directive
Article 26
Setting up and overseeing due diligence 1. directors of companies referred to in Article 2(1) are responsible for putting in place and overseeing the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in Article 5, with due consideration for relevant input from stakeholders and civil society organisations. The directors shall report to the board of directors in that respect. 2. directors take sArticle 26 deleted Member States shall ensure that Member Stateps to adapt the corporate strategy to take into account the actual and potential adverse impacts identified pursuant to Article 6 and any measures taken pursuant to Articles 7 to 9.shall ensure that
2022/10/27
Committee: ECON
Amendment 919 #

2022/0051(COD)

Proposal for a directive
Article 26
Setting up and overseeing due diligence 1. directors of companies referred to in Article 2(1) are responsible for putting in place and overseeing the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in Article 5, with due consideration for relevant input from stakeholders and civil society organisations. The directors shall report to the board of directors in that respect. 2. directors take sArticle 26 deleted Member States shall ensure that Member Stateps to adapt the corporate strategy to take into account the actual and potential adverse impacts identified pursuant to Article 6 and any measures taken pursuant to Articles 7 to 9.shall ensure that
2022/10/27
Committee: ECON
Amendment 356 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules on making data generated by the use of a connected product or related service available to the user of that connected product or related service, on the making data available by a user to a data recipient or by the data holders to data recipients, and on the making data available by data holders to public sector bodies or Union institutions, agencies or bodies, where there is an exceptional need, for the performance of a task carried out in the public interest:
2022/11/14
Committee: ITRE
Amendment 360 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
1 a. Where this Regulation refers to connected products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service, the data generated by them shall be covered by this Regulation, insofar it does not overlap with the scope of the national and Union law referring to electronic communications services.
2022/11/14
Committee: ITRE
Amendment 365 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) manufacturers of connected products and suppliproviders of related services placed on the market in the Union and the users of such products or services, irrespective of their place of establishment;
2022/11/14
Committee: ITRE
Amendment 369 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
(b a) users of connected products or related services in the Union to whom the generated data is made accessible to or that make data available to data recipients in the Union;
2022/11/14
Committee: ITRE
Amendment 370 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
(d) public sector bodies and Union institutions, agencies or bodies that request data holders to make data available where there is an exceptional need to that data for the performance of a task carried out in the public interestrevention, response or recovery from a public emergency and the data holders that provide those data in response to such request;
2022/11/14
Committee: ITRE
Amendment 374 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point e
(e) providers of data processing services offer, irrespective of their place of establishment, providing such services to customers in the Union.
2022/11/14
Committee: ITRE
Amendment 382 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. This Regulation shall not apply to, nor pre-empt, voluntary arrangements for the exchange of non-personal data between private and public entities. It shall not affect Union and national legal acts providing for the sharing, access and use of data for the purpose of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including Regulation (EU) 2021/784 of the European Parliament and of the Council72 and the [e- evidence proposals [COM(2018) 225 and 226] once adopted, and international cooperation in that area. This Regulation shall not affect the collection, sharing, access to and use of data under Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and Regulation (EU) 2015/847 of the European Parliament and of the Council on information accompanying the transfer of funds. This Regulation shall not affect the competences of the Member States regarding activities concerning public security, defence, national security, customs and tax administration and the health and safety of citizens in accordance with Union law. This Regulation shall not apply to the data generated by connected products and related services provided for public security, defence and national security. _________________ 72 Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (OJ L 172, 17.5.2021, p. 79).
2022/11/14
Committee: ITRE
Amendment 392 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording;, that is generated by the use of a connected product and can be transmitted via electronic communications services.
2022/11/14
Committee: ITRE
Amendment 429 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) ‘user’ means a natural or legal person that owns, rents or leases a a product and receives a related service from a data holder or a lawful user to whom the owner of the connected product has transferred, pursuant to a rental or lease agreement, the right to use the connected product or receives a related services from a data holder;
2022/11/14
Committee: ITRE
Amendment 438 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person, other than the user, who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case ofto make available non-personal data and through control of the technical design of thegenerated by the use of a connected product andor a related services, the ability, to make available certain and who has the control over these data;
2022/11/14
Committee: ITRE
Amendment 446 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘data recipient’ means a legal or natural person, acting for purposes which are related to that person’s trade, business, craft or profession, other than the user of a connected product or related service, to whom the data holduser makes the data available either directly, or through data intermediation services, or the data holder, including a third party following a request by the user to the data holder or in accordance with a legal obligation under Union law or national legislation implementing Union law;
2022/11/14
Committee: ITRE
Amendment 454 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negativ legally declared state of emergency by the Union or a Member State for an exceptional and immediate situation caused by natural or man-made disasters, adversely affecting the population of the Union, a Member State or part of it, with a risk of seriousignificant and lasting repercussions on living conditionsthe health, safety or economic stability of citizen, or the substantial degradation of economic assets in the Union or the relevant Member State(s);
2022/11/14
Committee: ITRE
Amendment 474 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17
(17) ‘electronic ledger’ means an electronic ledger within the meaning of Article 3, point (53), of Regulation (EU) No 910/2014XXX/XXXX [establishing a European Digital Identity framework];
2022/11/14
Committee: ITRE
Amendment 488 #

2022/0047(COD)

Proposal for a regulation
Article 3 – title
3 Obligation of the manufacturer or a provider of related services to make data generated by the use of connected products or related services accessible to the user
2022/11/14
Committee: ITRE
Amendment 490 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the userthat the data holder can readily obtain from the product on to an existing interface, or data that are collected or aimed to be collected by the data holder, are by default, easily, securely and, where relevant and appropriate, directly accessible to the user in a structured, commonly used and machine- readable format along with the relevant metadata, on a free of charge basis and retrievable by the user. Where technically feasible, the user should be able to access and retrieve such data directly from the device, without recourse to related services.
2022/11/14
Committee: ITRE
Amendment 499 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
1 a. Before concluding a contract for the purchase, rent or lease of a connected product, the manufacturer shall provide to the user, in the form of a standardised label at least the following information: (a) the nature, format and estimated volume of data that the connected product is capable of generating; (b) the means by which the connected product can transmit data, including whether the data will be stored on-device or on a remote server; (c) whether the seller, renter or lessor is the data holder and, if not, the identity of the data holder, such as its trading name, the geographical address at which it is established and where applicable the legal entity identifier; (d) how the user of the connected product can access, retrieve or request erasure of the generated data from the connected product; (e) the on-device storage capacity, including the duration for which data collected by the connected product can be stored on it; (f) the period for which the device is guaranteed to receive functionality updates according to the Regulation (EU) XXX/XXXX [Cyber resilience Act].
2022/11/14
Committee: ITRE
Amendment 512 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – introductory part
2. Before concluding a contract for the purchase, rent or lease of a product orrovision of a related service, at least the following information shall be provided to the user, in a simple manner, clear and comprehensible format:
2022/11/14
Committee: ITRE
Amendment 514 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the nature an, format, frequency and estimated volume of the data likely to be generated by the use of the connected product orand related service;
2022/11/14
Committee: ITRE
Amendment 518 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) whether the data is likely towill be generated continuously and in real-time;
2022/11/14
Committee: ITRE
Amendment 520 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
(b a) whether the data will be stored on- device or on a remote server;
2022/11/14
Committee: ITRE
Amendment 523 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point c
(c) how the user may access, retrieve and request de erasure of those data;
2022/11/14
Committee: ITRE
Amendment 536 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point d
(d) whether the manufacturer supplying the product or the service provider providing the related service intends to use the data itself or allow a third party to use the data and, if so, the purposes for which those data will be used;
2022/11/14
Committee: ITRE
Amendment 540 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point e
(e) whether the seller, renter or lessorprovider of the related service is the only data holder and, if not, the identity of the other data holders, such as its trading name and, the geographical address at which it is established; and where applicable the legal entity identifier;
2022/11/14
Committee: ITRE
Amendment 545 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point f a (new)
(f a) where relevant, the type of data likely to be generated by the use of the connected product or related service that may contain or contains any trade secrets or may reveal or reveals any other relevant information concerning intellectual property rights and thus requires prior explicit written consent of the data holder before providing access to, using or sharing it;
2022/11/14
Committee: ITRE
Amendment 547 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point g
(g) how the user may request that the data are shared with a third-party and withdraw the consent for data sharing;
2022/11/14
Committee: ITRE
Amendment 567 #

2022/0047(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The data holder shall not require the user to provide any information beyond what is strictly necessary to verify the quality as a user pursuant to paragraph 1. The data holder shall not keep any information on the user's access to the data requested beyond what is necessary for the sound execution of the user’s access request and for the security and the maintenance of the data infrastructure. Where identification is legally required, data holders shall enable the possibility for users to identify and authenticate through the European Digital Identity Wallets, pursuant to Regulation (EU) XXX/XXXX [European Digital Identity framework].
2022/11/14
Committee: ITRE
Amendment 584 #

2022/0047(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specifiche data holder can take all necessary measures are taken, in advance to preserve the confidentiality of its trade secrets, in particular wisofar this is not hampering the respect to third partiesights of the users or third parties to access data. The data holder and the user can agree on measures to preserve the confidentiality of the shared data, in particular in relation to third parties.
2022/11/14
Committee: ITRE
Amendment 616 #

2022/0047(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. Any undertaking manufacturing connected products or providing related services which has been determined to have a dominant position on the market pursuant to national or Union competition law and any undertaking providing core platform services for which one or more of such services have been designated as a gatekeeper, pursuant to Article […] of [Regulation XXX on contestable and fair markets in the digital sector (Digital Markets Act)73 ], shall not be an eligible third party under this Article and therefore shall not: _________________ 73 OJ […].
2022/11/14
Committee: ITRE
Amendment 625 #

2022/0047(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. The user or third party shall not be required to provide any information beyond what is strictly necessary to verify the quality as user or as third party pursuant to paragraph 1. The data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure. Where identification is not legally required, users should be able to use products anonymously.
2022/11/14
Committee: ITRE
Amendment 665 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point d
(d) make the data available it receives to an undertaking manufacturing connected products or providing related services which has been determined to have a dominant position on the market pursuant to national or Union competition law and to an undertaking providing core platform services for which one or more of such services have been designated as a gatekeeper pursuant to Article […] of [Regulation on contestable and fair markets in the digital sector (Digital Markets Act)];
2022/11/14
Committee: ITRE
Amendment 680 #

2022/0047(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The obligations pursuant to Articles 4, 5, and 6 of this Chapter shall not apply to data generated by the use of connected products manufactured ord related services provided by enterprises that qualify as micro or small enterprises, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro or small enterprise.
2022/11/14
Committee: ITRE
Amendment 684 #

2022/0047(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where this Regulation refers to products or related services, such reference shall also be understood to include virtual assistants, insofar as they are used to access or control a product or related serviceconnected product.
2022/11/14
Committee: ITRE
Amendment 703 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro, small or medium enterprise, any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly.
2022/11/14
Committee: ITRE
Amendment 716 #

2022/0047(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. DUsers, data holders and data recipients shall have access to dispute settlement bodies, certified in accordance with paragraph 2 of this Article, to settle disputes in relation to the determination of fair, reasonable and non-discriminatory terms for and the transparent manner of making data available in accordance with Articles 8 and 9.
2022/11/14
Committee: ITRE
Amendment 771 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – introductory part
An exceptional need to use data within the meaning of this Chapter shall be limited in time and scope and deemed to exist in any ofonly in the following circumstances:
2022/11/14
Committee: ITRE
Amendment 777 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point a
(a) where the data requested is strictly necessary to respond to a public emergency;
2022/11/14
Committee: ITRE
Amendment 781 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point b
(b) where the data request is limited in time and scope andstrictly necessary to prevent a public emergency or to assist the recovery from a public emergency; and only if all of the following conditions are fulfilled:
2022/11/14
Committee: ITRE
Amendment 782 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point b – point i (new)
i) the public sector body or Union institution, agency or body has exhausted all other means to obtain such data, including by purchasing the data on the market at market rates or by relying on existing obligations to make data available, and the adoption of new legislative measures cannot ensure the timely availability of the data; or
2022/11/14
Committee: ITRE
Amendment 783 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point b – point ii (new)
ii) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.
2022/11/14
Committee: ITRE
Amendment 785 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c
(c) where the lack of available data prevents the public sector body or Union institution, agency or body from fulfilling a specific task in the public interest that has been explicitly provided by law; and (1) the public sector body or Union institution, agency or body has been unable to obtain such data by alternative means, including by purchasing the data on the market at market rates or by relying on existing obligations to make data available, and the adoption of new legislative measures cannot ensure the timely availability of the data; or (2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.deleted
2022/11/14
Committee: ITRE
Amendment 813 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) demonstrate the exceptional need for which the data are requested, laying down the circumstance justifying the request and demonstrating that all the conditions mentioned in Article 15 are met;
2022/11/14
Committee: ITRE
Amendment 902 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
(b a) take all necessary legal, technical and organisational measures to ensure the integrity and security of the data received;
2022/11/14
Committee: ITRE
Amendment 904 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as, without undue delay, the data theyat are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed.;
2022/11/14
Committee: ITRE
Amendment 907 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)
(c a) notify the data holder, without undue delay, of any cybersecurity threat, vulnerability or incident that has compromised the security and integrity of the data that has been transferred to them, without prejudice to the reporting obligations under Regulation (EU) XXX/XXXX [EUIBA] and Directive (EU) XXX/XXXX [NIS2].
2022/11/14
Committee: ITRE
Amendment 925 #

2022/0047(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Where tThe data holder claimsshall be entitled to reasonable compensation for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), s. Such compensation shall not exceed the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and of technical adaptation, plus a fair and reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
2022/11/14
Committee: ITRE
Amendment 1092 #

2022/0047(COD)

Proposal for a regulation
Article 30 – paragraph 6
6. Where harmonised standards referred to in paragraph 4 of this Article do not exist or w, the Commission shall issue a standardisation request in accordance with Article 10 of Regulation 1025/2012. Where the Commission considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this Article in a cross- border context, the Commission may, by way of implementing acts, adopt common specifications in respect of the essential requirements set out in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2022/11/14
Committee: ITRE
Amendment 1128 #

2022/0047(COD)

Proposal for a regulation
Article 32 – paragraph 2
2. The competent authority with which the complaint has been lodged shall inform the complainant in accordance with national law of the progress of the proceedings and of the decision taken.
2022/11/14
Committee: ITRE
Amendment 1163 #

2022/0047(COD)

Proposal for a regulation
Article 42 – paragraph 2 a (new)
The obligation resulting from Article 3(1) shall apply retroactively to connected products placed on the market within 5 years prior to the entry into force of this Regulation, only when the manufacturer or provider of related service is able to remotely deploy mechanisms to ensure the fulfilment of the requirements pursuant to Article 3(1) and only when the deployment of such mechanisms would not place a disproportionate burden on the manufacturer or provider of related services.
2022/11/14
Committee: ITRE
Amendment 40 #

2022/0033(NLE)

Proposal for a regulation
Recital 5 a (new)
(5 a) The Chips Joint Undertaking should provide opportunities for the increased availability of funds to support the growth of start-ups and SMEs as well as investment across the entire value chain and across the whole Union.
2022/11/21
Committee: ITRE
Amendment 43 #

2022/0033(NLE)

Proposal for a regulation
Recital 6
(6) The Initiative should be implemented through actions that should build upon the strong knowledge base acquired by the Key Digital Technologies Joint Undertaking. The Key Digital Technologies Joint Undertaking should be tasked with providing financial support, through any instrument or procedure provided for in Horizon Europe or the Digital Europe Programme, to actions funded under the Initiative. Furthermore, the Key Digital Technologies Joint Undertaking should be renamed to Chips Joint Undertaking. Throughout the lifetime of the Chips Joint Undertaking, at leastup to EUR 2.,875 billion should be dedicated to pilot lines, design infrastructures, competence centres, and other capacity building activitiesthe Chips for Europe Initiative, of which EUR 1,525 billion for capacity building activities for pilot lines, design infrastructures, competence centres, and quantum chips and EUR 1,35 billion for research and innovation activities related to these components. Furthermore, EUR 1,8 billion should be dedicated to research and innovation activities not covered under the Chips for Europe Initiative.
2022/11/21
Committee: ITRE
Amendment 50 #

2022/0033(NLE)

Proposal for a regulation
Recital 8
(8) The whole Governing Board should be involved in the preparation of the work programme, participate in the relevant discussions and receive the necessary information. When the Governing Board adopts the work programme, the voting rights for the part of the work programme related to capacity building should be limited to the Commission and Member States only. The voting rights for the part of the work programme related to R&I activities should be equally shared between the Commission, the Participating States, and the private members. In the event that a decision on one of the two parts of the work programme cannot be reached, the work programme should be adopted including only the part on which a positive decision has been reached.
2022/11/21
Committee: ITRE
Amendment 58 #

2022/0033(NLE)

Proposal for a regulation
Recital 13
(13) The Chips Joint Undertaking should facilitate cooperation between the Union and like-minded international actors by defining a cooperation strategy, including identifying and promoting areas for cooperation in research and development and skills development, and implementing actions where there is a mutual benefit, mainly based on reciprocity, taking into account the need for strengthening Union's open strategic autonomy and protecting intellectual property rights.
2022/11/21
Committee: ITRE
Amendment 85 #

2022/0033(NLE)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2021/2085
Article 128 – Paragraph 1 – point a
(a) up to EUR 2 63 150 000 000 from Horizon Europe; of which at least EUR 500 000 000 shall stem from decommited funds made available again under Article15(3) of the Financial Regulation.
2022/11/21
Committee: ITRE
Amendment 122 #

2022/0032(COD)

Proposal for a regulation
Recital 1
(1) Semiconductors are at the core of any digital device: from smartphones and cars, through critical applications and infrastructures in health, energy, communications and automation to most other industry sectors. While semiconductors are essential to the functioning of our modern economy and society, the Union has witnessed unprecedented disruptions in their supply. The current supply shortage is a symptom of permanent and serious structural deficiencies in the Union’s semiconductor value and supply chainresult of panic purchasing, coupled with last- minute order changes or cancellations, supplier shutdowns in Asia, and political instability in parts of the world. The disruptions have exposed long-lasting vulnerabilities in this respect, notably a strong third-country dependency in manufacturing and design of chips.
2022/10/19
Committee: ITRE
Amendment 144 #

2022/0032(COD)

Proposal for a regulation
Recital 4
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produce advanced componentnext generation semiconductor technologies. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation. It should promote capacity building to enable design, production, equipment, packaging, testing and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe's semiconductor supply and value chains, serving key industrial sectors and creating new markets.
2022/10/19
Committee: ITRE
Amendment 154 #

2022/0032(COD)

Proposal for a regulation
Recital 6
(6) The achievement of these objectives will be supported by a governance mechanism. At Union level, this Regulation establishes a European Semiconductor Board, composed of representatives of the Member States, industry and research organisations representing the semiconductor value chain, and chaired by the Commission. The European Semiconductor Board will provide advice to and assist the Commission on specific questions, including the consistent application of this Regulation, facilitating cooperation among Member States and exchanging information on issues relating to this Regulation. The European Semiconductor Board should hold separate meetings for its tasks under the different chapters of this Regulation. The different meetings may include different compositions of the high- level representatives and the Commission may establish subgroups.
2022/10/19
Committee: ITRE
Amendment 161 #

2022/0032(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) The Commission, on behalf of the Union, should pursue cooperation with strategic partners such as the United States, Japan, South Korea and Taiwan and other like-minded partners, with a view to strengthening the semiconductor supply chain and addressing future supply chain disruptions through a 'Chips Diplomacy Initiative'. To this end, Commission should promote international cooperation with strategic partners through future investment and trade agreements, the EU-US and EU-India Trade and Technology Councils, as well as relevant international fora, where the strengthening of the semiconductor supply chain and addressing future supply chain disruptions should be a key priority. In addition, where necessary, the Commission should enter into a dialogue, consultations or cooperation framework with relevant third countries with a view to seeking solutions to address supply chain disruptions or third country decisions that could cause such disruptions, such as those related to extraterritorial export restrictions, in line with international obligations. This could involve coordination in relevant international fora or other diplomatic measures, while ensuring robust engagement with the stakeholder community.
2022/10/19
Committee: ITRE
Amendment 199 #

2022/0032(COD)

Proposal for a regulation
Recital 19
(19) Integrated Production Facilities and Open EU Foundries should provide semiconductor manufacturing capabilities, or manufacturing capabilities in material and/or equipment exclusively used in semiconductor manufacturing that are “first-of-a-kind” in the Union and contribute to the security of supply and to a resilientce of the semiconductor ecosystem in the internal market. The qualifying factor for the production of a first-of-a- kind facility could be with regard to theis to bring an innovative element to the internal market regarding the manufacturing processes or the final product. Relevant innovation elements could be the use of a new technology node, or substrate material, such as silicon carbide, indium, phosphide and gallium nitride, and other product innovation that can offer better performance, process technology or energy and environmental performance. A facility of a comparable capability on an industrial scaleor approaches that lead to performance improvements in computing power, energy efficiency, level of security, safety or reliability, as well as integration of new functionalities, such as AI, memory capacity or other.Integration of different processes leading to efficiency gains or packaging and assembly automation are also examples of innovation. With regard to environmental gains, innovation elements include the reduction in a quantifiable way of the amount of energy, water, chemicals or gasses used, or increasing recyclability of materials. Such innovation should not yet substantively be present or committed to be built within the Union, so that similar innovation provided by excluding facilities for research and development or small- scale production sites. would not crowd outqualifying as “first-of-a-kind”.
2022/10/19
Committee: ITRE
Amendment 206 #

2022/0032(COD)

Proposal for a regulation
Recital 20
(20) Where an Open EU Foundry offers production capacity to undertakings not related to the operator of the facility, the Open EU Foundry should establish, implement and maintain adequate and effective functional separation in order to prevent the exchange of confidential information between internal and external production. This should apply to any information gained in the design and in the front-end or back-end manufacturing processes including trade secrets or content protected by intellectual property rights.
2022/10/19
Committee: ITRE
Amendment 207 #

2022/0032(COD)

Proposal for a regulation
Recital 21
(21) In order to qualify as Integrated Production Facilities or Open EU Foundries, the establishment and operation of the facility should have a clear positive impact on the semiconductor value chain in the Union, in particular with regard to providing a resilient supply of semiconductors to users on the internal market. The impact on several Member States, including cohesion objectives, should be considered as one of the indicators of a clear positive impact of an Integrated Production Facility and Open EU Foundry on the semiconductor value chain in the Union. The operator of the Open EU Foundry should retain the right to decide at its own discretion the specific share of capacity dedicated to serve unrelated undertakings. Such business decisions should remain open to changes by the operator, subject to evolving market dynamics.
2022/10/19
Committee: ITRE
Amendment 220 #

2022/0032(COD)

Proposal for a regulation
Recital 24
(24) To allow for a uniform and transparent procedure to attain recognition as an Integrated Production Facility and Open EU Foundry, the recognition decision should be adopted by the Commission following the application by an individual undertaking or a consortium of several undertakings. The recognition is open for both the installation of a new semiconductor manufacturing facility and the significant scale up of an existing semiconductor manufacturing facility. To account for the importance of a coordinated and cooperated implementation of the planned facility, the Commission should take into account in its assessment the readiness of the Member State or Member States where the applicant intends to establish its facilities to support the set-up. Furthermore, when assessing the viability of the business plan, the Commission cshould take into account the overall record of the applicant. In light of the privileges attached to recognition as an Integrated Production Facility or Open EU Foundry, the Commission should monitor whether facilities that have been granted this status continue to comply with the criteria set out in this Regulation.
2022/10/19
Committee: ITRE
Amendment 237 #

2022/0032(COD)

Proposal for a regulation
Recital 29
(29) In light of the structural deficienciescomplexity of the semiconductor supply chain and the resulting risks of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions.
2022/10/19
Committee: ITRE
Amendment 240 #

2022/0032(COD)

Proposal for a regulation
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the understanding of the value chain as well as the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States and the Commission should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors, in such a way that it would not represent an excessive administrative burden for undertakings.
2022/10/19
Committee: ITRE
Amendment 244 #

2022/0032(COD)

Proposal for a regulation
Recital 31
(31) Any relevant findings, including information provided by relevant stakeholders and industry associationsFindings that are relevant for the purpose of mitigating risks and/or signalling disruptions in the supply chain, should be provided to the European Semiconductor Board to allow for a regular exchange of information between high- level representatives of Member States and for integration of the information into a monitoring overview of the semiconductor value chains.
2022/10/19
Committee: ITRE
Amendment 246 #

2022/0032(COD)

Proposal for a regulation
Recital 32
(32) It is important to take into account the specific insights into the supply situation of users of semiconductors. Therefore, Member States should identify and regularly exchange with the main user categories on their national markets. Furthermore, Member States shcould offer the possibility for relevant stakeholder organisations, including industry associations and representatives of the main user categories, to provide information regarding significant changes in demand and supply, and known disruptions of their supply chain, this could include the unavailability of critical semiconductors or raw materials, longer than average lead-time, delays in delivery and exceptional price surges.
2022/10/19
Committee: ITRE
Amendment 256 #

2022/0032(COD)

Proposal for a regulation
Recital 35
(35) As part of the monitoring, national competent authoritiesthe Semiconductor Board should also do a long-term mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commissionthe dynamics in, as well as the strengths and weaknesses of the semiconductor value chain, including a holistic understanding of the market, the barriers to entry and technology characteristics. Once complete, the mapping could be updated and revised every six months if necessary.
2022/10/19
Committee: ITRE
Amendment 269 #

2022/0032(COD)

Proposal for a regulation
Recital 37 a (new)
(37 a) In order to increase the Union’s global role in the semiconductor ecosystem and its value chain, due consideration must be paid to the demand for the underlying critical raw materials and gasses. Member States and the Commission should ensure that the Union does not create a new dependency, but rather a sustainable supply chain for critical raw materials and gasses that is prioritized and in line with the Statement on Critical Raw Materials Act.
2022/10/19
Committee: ITRE
Amendment 277 #

2022/0032(COD)

Proposal for a regulation
Recital 43
(43) In order to ensure an agile and effective response to such a semiconductor crisis, the Commission should be empowered to activate the crisis stage by means of an implementing acts and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board. It should also assess the need to terminate early the crisis stage, should such a necessity be ascertained, and taking into account the opinion of the European Semiconductor Board.
2022/10/19
Committee: ITRE
Amendment 285 #

2022/0032(COD)

Proposal for a regulation
Recital 44
(44) Close cooperation between the Commission and the, Member States and industry stakeholders and coordination of any national measures taken with regard to the semiconductor supply chain is indispensable during the crisis stage with a view to addressing disruptions with the necessary coherence, resiliency and effectiveness. To this end, the European Semiconductor Board should hold extraordinary meetings as necessary. Any measures taken should be strictly limited to the duration period of the crisis stage.
2022/10/19
Committee: ITRE
Amendment 287 #

2022/0032(COD)

Proposal for a regulation
Recital 45
(45) Appropriate, effective and proportionate measures should be identified and implemented when the crisis stage is activated without prejudice to possible continued international engagement with relevant partners with the view to mitigating the evolving crisis situation. Where appropriate, the Commission should request information from undertakings along the semiconductor supply chain. Furthermore, the Commission should be able to, where necessary and proportionate, oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of the production of crisis-relevant products, and to act as a central purchasing body when mandated by Member States. The Commission cshould limit the measures to certain critical sectorthe critical sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities and the defence sector. This priority order mechanism should be considered a last resort measure. The beneficiary of such a priority order has a due-diligence obligation and should be able to show that it has exhausted all other preventative mitigation measures, such as finding alternative suppliers or creating stockpiles. In addition, the European Semiconductor Board may advise on the necessity of introducing an export control regime pursuant to Regulation (EU) 2015/479 of the European Parliament and of the Council60 . The European Semiconductor Board may also assess and advise on further appropriate and effective measures. The use of all these emergency measures should be proportionate and restricted to what is necessary to address the significant disturbances at stake insofar as this is in the best interest of the Union. The Commission should regularly inform the European Parliament and the Council of the measures taken and the underlying reasons. The Commission may, after consulting with the Board, issue further guidance on the implementation and use of the emergency measures. _________________ 60 Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (OJ L 83, 27.3.2015, p. 34).
2022/10/19
Committee: ITRE
Amendment 294 #

2022/0032(COD)

Proposal for a regulation
Recital 46
(46) A number of sectors are critical for the proper functioning of the internal market. Those critical sectors are the sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities61 . For the purposes of this Regulation, defence and other activities that are relevant for public safety and security should be additionally considered as a critical sector. Certain measures should only be enacted fur the purpose of securing supply to critical sectors in a crisis stage. The Commission mayshould limit the emergency measures to certain of these sectors or to certain parts of them when the semiconductor crisis has disturbed or is threatening to disturb their operation. _________________ 61 COM(2020) 829. 16.12.2020.
2022/10/19
Committee: ITRE
Amendment 327 #

2022/0032(COD)

Proposal for a regulation
Recital 59
(59) In order to ensure trustful and constructive cooperation of competent authorities at Union and national level, all parties involved in the application of this Regulation should respect the confidentiality of information and data, including trade secrets or content protected by intellectual property rights, obtained in carrying out their tasks. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States should not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This should also apply to the European Semiconductor Board and the Semiconductor Committee established in this Regulation. Where appropriate, the Commission should be able to adopt implementing acts to specify the practical arrangements for the treatment of confidential information, including trade secrets or content protected by intellectual property rights, in the context of information gathering.
2022/10/19
Committee: ITRE
Amendment 328 #

2022/0032(COD)

Proposal for a regulation
Recital 59 a (new)
(59 a) Innovative businesses are increasingly exposed to unlawful or anticompetitive practices aimed at misappropriating intellectual property and trade secrets, such as theft, unauthorised copying, industrial espionage or the breach of confidentiality requirements from outside the Union, particularly in high-technology fields like the semiconductor sector. Intellectual property theft or the unlawful use of trade secrets in the semiconductor sector could compromise the objectives of the Chips Act by inhibiting the ability of private holders of intellectual property to obtain legitimate first-mover returns from their innovation-related efforts and thus diminish incentives for private investment. In the absence of the effective enforcement of the existing rules for the protection of intellectual property in third countries, incentives to engage in innovation-related activity beyond the borders of the internal market could therefore be undermined. This Regulation should therefore ensure the effective enforcement of intellectual property law in the semiconductor sector, in full respect of Directives (EU) 2016/9431a and 2004/48/EC1b of the European Parliament and of the Council. Further more, it introduces stricter terms for beneficiaries for engaging in significant transactions in third countries with an intellectual property theft programme directed at the Union of a Member State.
2022/10/19
Committee: ITRE
Amendment 331 #

2022/0032(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the selection of ECICs and as regards the procedure for establishing and defining the tasks of competence centres and the procedure for establishing the network, so that the objectives of the Initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the crisis stage in a semiconductor crisis, to allow a rapid and coordinated response, and for specifying the practical arrangements for the treatment of confidential information, including trade secrets or content protected by intellectual property right. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council64 of the European Parliament and of the Council. _________________ 64 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers, (OJ L 55, 28.2.2011, p. 13).
2022/10/19
Committee: ITRE
Amendment 343 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4
(4) ‘semiconductor supply chain’ means the system of activities, organisations, actors, technology, information, resources and services involved in the production of semiconductors, including raw materials and gases, manufacturing equipment, design, fabrication, assembly, testing an, packaging and advanced packaging;
2022/10/19
Committee: ITRE
Amendment 355 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘first-of-a-kind facility’ means an industrial facility capable of semiconductor manufacturing, including front-end or back-end, or both, or capable of manufacturing materials or equipment exclusively used in semiconductor manufacturing, that is not substantively already present or committed to be built within the Union, for instance with regard to the technology node, substrate material, such as silicon carbide, indium phosphide and gallium nitride, and other product innovation that can offer better performance, process innovation or energy and environmental performance;
2022/10/19
Committee: ITRE
Amendment 367 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 15
(15) ‘key market actors’ means undertakings in the Union semiconductor sectorvalue chain, the reliable functioning of which is essential for the semiconductor supply chain;
2022/10/19
Committee: ITRE
Amendment 373 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, and the defence sector and other activities that are relevant for public safety and security;.
2022/10/19
Committee: ITRE
Amendment 380 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘crisis’ means a serious and unforeseen event which has a severe impact on the Union and substantially endangers or restricts the security, safety and the public health and alters the normal functioning of society and of the economy, and requires exceptional last- resort measures in order to supply the population with critical necessities;
2022/10/19
Committee: ITRE
Amendment 382 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17
(17) ‘crisis-relevant product’ means semiconductors, intermediate products and, critical raw materials and gases required to produce semiconductors or intermediate products, that are materially affected by the semiconductor crisis or of strategic importance to remedy the semiconductor crisis or economic effects thereof;
2022/10/19
Committee: ITRE
Amendment 394 #

2022/0032(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The general objective of the Initiative is to support large-scale technological capacity building and innovation throughout the Union’s semiconductor value chain and to enable development and deployment of cutting- edge and next generation semiconductor and quantum technologies that will reinforce the Union advanced design, systems integration and chips production and packaging capabilities, as we. It shall aslso contribute to the achievement of the twin digital and green transition, improving the sustainability, reducing the environmental impact of next generation chips and strengthening the circular economy processes, and address security needs by enabling secure and resilient designs that defend against cybersecurity threats.
2022/10/19
Committee: ITRE
Amendment 434 #

2022/0032(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point e – point 3
(3) accelerating investment in the field of semiconductor manufacturing technologies and chip design and to leveraging funding from both the public and the private sectors, while increasing the security of supply and intellectual property protection for the whole semiconductor value chain.
2022/10/19
Committee: ITRE
Amendment 479 #

2022/0032(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The network shall have substantial overall autonomy to lay down its organisation, composition and working methods. However, the organisation, composition and working methods of the network shall represent the Union’s semiconductor valuechain, and be in accordance with and contribute to the aims and objectives of this Regulation and the Initiative.
2022/10/19
Committee: ITRE
Amendment 542 #

2022/0032(COD)

Proposal for a regulation
Article 11 – paragraph 3 a (new)
3 a. The operator of the Open EU Foundry should be able to flexibly adjust the share of capacity dedicated to serve unrelated undertakings, as opposed to that dedicated to its own semiconductor manufacturing purposes.
2022/10/19
Committee: ITRE
Amendment 570 #

2022/0032(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. In order to reach security of supply in the Union, Member States may, without prejudice to Articles 107 and 108 of the Treaty, apply support schemes and provide for administrative support to Integrated Production Facilities and Open EU Foundries in accordance with Article 14. The Commission shall commit to assess in a timely manner the intended state aid support schemes for first-of-a-kind semiconductor facilities pursuant to Article 107 (3) (c) TFEU.
2022/10/19
Committee: ITRE
Amendment 596 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
The Commission, in cooperation with Member States shall carry out regular monitoring of the semiconductor value chain. In particular, they shall:
2022/10/19
Committee: ITRE
Amendment 606 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Member StatesThey shall provide relevant findings to the European Semiconductor Board in the form of regular updates.
2022/10/19
Committee: ITRE
Amendment 608 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The Commission, in cooperation with Member States shall invite the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updates.
2022/10/19
Committee: ITRE
Amendment 613 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The Commission, in cooperation with National competent authorities designated pursuant to Article 26(1) may request information from representative organisations of undertakings or individual undertakings operating along the semiconductor supply chain where necessary and proportionate for the purpose of paragraph 1. National competent authorities in such case will pay particular attention to SMEsThey will provide for standardised and secure means for the information collection and processing for the purpose of paragraph 1, with due regard to minimiszing the administrative burden resulting from the request, in particular for SMEs, and will privilege digital solutions for obtaining such information. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27.
2022/10/19
Committee: ITRE
Amendment 620 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 5 – point a – point 1 a (new)
(1 a) coordinating with stakeholders of the semiconductor value chain with a view of identifying, preparing and operationalising preventative measures to mitigate shortages and choke points that would prevent escalation towards a crisisstage;
2022/10/19
Committee: ITRE
Amendment 621 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 5 – point b
(b) enter into consultations or cooperation, on behalf of the Union, with relevant third countries with a view to seeking cooperative solutions to address supply chain disruptions or third country decisions, such as those related to extraterritorial export restrictions, that could cause such disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora or other diplomatic measures, while ensuring robust engagement with the stakeholder community.
2022/10/19
Committee: ITRE
Amendment 630 #

2022/0032(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Commission shall, after consulting develop a list of early warning indicators in cooperation with the European Semiconductor Board, assess with a view to identify risks that may disrupt, compromise or negatively affect the supply of semiconductors (Union risk assessment). In the Union risk assessment, the Commission shall identify early warning indicators.
2022/10/19
Committee: ITRE
Amendment 631 #

2022/0032(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission shall review the Union risk assessment including the early warning indicators as necessary.
2022/10/19
Committee: ITRE
Amendment 634 #

2022/0032(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. When monitoring the semiconductor value chain pursuant to Article 15, Member States shall monitor the early warning indicators identified by the Commission and the European Semiconductor Board.
2022/10/19
Committee: ITRE
Amendment 648 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 1 – introductory part
1. A semiconductor crisis shall be considered to occur as defined in Article 2(1)(16a) when there are serious disruptions in the supply of semiconductors leading to significant shortages, which:
2022/10/19
Committee: ITRE
Amendment 651 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point a
(a) entail significant delays or significant negative effects on one or more important economiccritical sectors in the Union, or
2022/10/19
Committee: ITRE
Amendment 654 #

2022/0032(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Where an assessment of the Commission provides concrete, serious, and reliable evidence of a semiconductor crisis, the Commission may, after consulting the European semiconductor Board, activate the crisis stage by means of implementing acts in accordance with Article 33(2). The duration of the activation shall be specified in the implementing act. The Commission shall report on a regular basis to the European Semiconductor Board. Where, in view of the scope and gravity of the semiconductor crisis, duly justified imperative grounds of urgency so require, the procedure provided for in Article 33(3) shall apply to implementing acts adopted pursuant to this Article.
2022/10/19
Committee: ITRE
Amendment 684 #

2022/0032(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board, request representative organisations of undertakings or, if necessary, individual undertakings operating along the semiconductor supply chain to inform the Commission about their production capabilities, production capacities, current primary disruptions and provide other existing data. The requested information shall be limited to what is the minimum necessary to assess the nature of the semiconductor crisis or to identify and assess potential mitigation or emergency measures at national or Union level. The Commission shall substantiate its targeted requests for sensitive and business confidential data and shall keep them to the minimum. The Commission shall develop the request for information in cooperation with the European Semiconductor Board. The Commission shall provide for secure means for the information collection and processing that ensures confidentiality, business secrecy and cybersecurity with due regard to minimising the administrative burden on SMEs.
2022/10/19
Committee: ITRE
Amendment 693 #

2022/0032(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. The request for information shall state its legal basis, be proportionate in terms of the granularity and volume of the data and frequency of access to the data requested, have regard for the legitimate aims of the undertaking and, take into account the protection of trade secrets and business sensitive information, the cost and effort required to make the data available, and set out the time limit within which the information is to be provided. It shall also indicate the penalties provided for in Article 28.
2022/10/19
Committee: ITRE
Amendment 711 #

2022/0032(COD)

Proposal for a regulation
Article 21 – paragraph 4
4. The obligations under paragraph 1, 2 and 3 shall be enacted by the Commission via decision. The decision shall be takena last resort measure taken after consulting the European Semiconductor Board, in accordance with all applicable Union legal obligations, having regard to the circumstances of the case, including the principles of necessity and proportionality. The decision shall in particular have regard forbeneficiary of such a priority order has a due-diligence obligation and should be able to show that it has exhausted all other preventative mitigation measures, such as finding alternative suppliers or creating stockpiles. The decision shall only be made when all other measures have been exhausted and in particular have regard for the preventative mitigation measures taken by the critical sector requesting the priority order and the legitimate aims of the undertaking concerned and the cost and effort required for any change in production sequence. In its decision, the Commission shall state the legal basis of the priority rated order, fix the time-limit within which the order is to be performed, and, where applicable, specify the product and quantity, and state the penalties provided for in Article 28 for non- compliance with the obligation. The priority rated order shall be placed at fair and reasonable price.
2022/10/19
Committee: ITRE
Amendment 742 #

2022/0032(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point c
(c) discussing and preparing, with involvement of key market actors, the identification of specific sectors and technologies with potential high social impact and respective security significance in need of certification for trusted products;
2022/10/19
Committee: ITRE
Amendment 746 #

2022/0032(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
(d a) Creating and regularly updating the long-term mapping of the dynamics in, as well as strengths and weaknesses of the semiconductor value chain in the Union.
2022/10/19
Committee: ITRE
Amendment 749 #

2022/0032(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point e a (new)
(e a) providing advice and assisting the Commission with regard to developing consistent guidelines on how to best protect, in the context of this Regulation, confidential information, including trade secrets or content protected by intellectual property rights, from unlawful access that risks intellectual property theft or industrial espionage.
2022/10/19
Committee: ITRE
Amendment 753 #

2022/0032(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. The European Semiconductor Board shall support the Commission in international cooperation, including aggregated information gathering and crisis assessment, in line with international obligations.
2022/10/19
Committee: ITRE
Amendment 763 #

2022/0032(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. The Commission may establish standing or temporary sub-groups for the purpose of examining specific questions. Where appropriate, the Commission mayshould invite organisations representing the interests of the semiconductor industry, including members of the Industrial Alliance on Processors and Semiconductor Technologies and users of semiconductors at Union level, to participate in such sub- groups in the capacity of observeras observers that enjoy speaking rights, but no voting rights. A sub-group including Union Research and Technology Organisations shall be established for the purpose of examining specific aspects on strategic technology directions and reporting on this to the European Semiconductor Board.
2022/10/19
Committee: ITRE
Amendment 768 #

2022/0032(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The Commission mayshould involve industry and civil society stakeholders in their respective roles, meaning that the Commission is encouraged to appoint observers to take part in the meetings, as appropriate. The Commission may invite experts with specific expertise, including from relevant stakeholder organisations, such as the Industrial Alliance for Processors and Semiconductor Technologies , with respect to a subject matter on the agenda to take part in the meetings of the European Semiconductor Board on an ad hoc basis. The Commission may facilitate exchanges between the European Semiconductor Board and other Union bodies, offices, agencies and advisory groups. The Commission shall invite a representative from the European Parliament as an observer to the European Semiconductor Board. The Commission shall ensure the participation of relevant other Union institutions and bodies as observers to the European Semiconductor Board with respect to meetings concerning Chapter IV on monitoring and crisis response. Observers and experts shall not have voting rights and shall notbut may be invited to participate in the formulation of opinions, recommendations or advice of the European Semiconductor Board and its sub-groups.
2022/10/19
Committee: ITRE
Amendment 770 #

2022/0032(COD)

Proposal for a regulation
Article 25 – paragraph 5
5. The European Semiconductor Board shall take the necessary measures to ensure the safe handling and processing of confidential information, including trade secrets or content protected by intellectual property rights.
2022/10/19
Committee: ITRE
Amendment 777 #

2022/0032(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. They shall respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect in particularany intellectual property rights and sensitive business information orand trade secrets. They shall take appropriate technical and organisational measures to preserve the confidentiality of sensitive business information and trade secrets. This obligation shall apply to all representatives of Member States, key market actors observers, experts and other participants attending meetings of the European Semiconductor Board pursuant to Article 23 and the members of the Committee pursuant to Article 33(1).
2022/10/19
Committee: ITRE
Amendment 792 #

2022/0032(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 300 000 EUR. If the concerned undertaking is an SME, the fines imposed shall not exceed 100 000 EUR.
2022/10/19
Committee: ITRE
Amendment 793 #

2022/0032(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. Periodic penalty payments imposed in the cases referred to in paragraph 1 (c) shall not exceed 1.5 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 21 calculated from the date established in the decision. If the concerned undertaking is an SME, the periodic penalty payments imposed shall not exceed 1 % of the average daily turnover of the SME concerned.
2022/10/19
Committee: ITRE
Amendment 5 #

2021/2251(INI)

Motion for a resolution
Citation 23 a (new)
— having regard to the joint analysis of the European Committee of the Regions and the Council of European Municipalities and Regions (CEMR) on the involvement of municipalities, cities and regions in the preparation of the national Recovery and Resilience Plans,1a __________________ 1a https://cor.europa.eu/en/engage/Documen ts/Cohesion%20Alliance/Reports/The%20 involvement%20of%20municipalities,%20 cities%20and%20regions%20in%20the% 20preparation%20of%20the%20national %20Recovery%20and%20Resilience%20 Plans.%20Results%20of%20the%20CoR- CEMR%20targeted%20consultation/COR -2021-00131-00-00-TCD-TRA-EN.pdf
2022/03/21
Committee: BUDGECON
Amendment 9 #

2021/2251(INI)

Motion for a resolution
Recital A (new)
A. whereas Russia’s aggression in Ukraine on February 24 2022 has led the European Union to impose unprecedented economic sanctions; whereas the conflict generated by Russia has led a high number of Ukrainian citizens to leave Ukraine and to travel and settle in the EU; whereas the military invasion will generate economic and social consequences on the European continent, in particular on Eastern Europe countries;
2022/03/21
Committee: BUDGECON
Amendment 18 #

2021/2251(INI)

Motion for a resolution
Recital D (new)
D. whereas the constant development of digital skills, as well as the development of skills with economic potential, such as green or entrepreneurial skills, is key for a healthy inclusive and future- oriented European labour market and should create access for every European to quality employment; whereas the same applies to vocational education, trade skills and life skills; whereas 40% of employers cannot find people with the right skills to fill their vacancies1a; whereas the EU needs to overcome all forms of skills mismatch in order to make effective use of its human capital2a; whereas access to proper digital infrastructure and training on digital skills should be available to all in order to avoid widening the gap between people on digital literacy and ensure equal opportunities for all in the education system and in the labour market; __________________ 1a Source : https://ec.europa.eu/social/main.jsp?catId =1146&langId=en 2a Source: https://www.europarl.europa.eu/RegData/ etudes/BRIE/2016/573893/EPRS_BRI%2 82016%29573893_EN.pdf
2022/03/21
Committee: BUDGECON
Amendment 37 #

2021/2251(INI)

Motion for a resolution
Paragraph 1
1. Highlights that the Recovery and Resilience Facility (RRF) is an unprecedented and one-off instrument of solidarity and a cornerstone of the NextGenerationEU (NGEU) instrument, ending in 2026, as the main tool in the EU’s response to the COVID-19 pandemic to prepare the economies of the EU to face the new challenges;
2022/03/21
Committee: BUDGECON
Amendment 42 #

2021/2251(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Recalls fiscal consolidation and a sound economic environment for future investments as the underlying reason behind establishing the RRF;
2022/03/21
Committee: BUDGECON
Amendment 56 #

2021/2251(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the fact that even if the economic effects of the RRF cannot be fully disentangled from other developments, it seems fair to conclude that, so far, the RRF has hadthe RRF is likely to have a positive effects on gross domestic product (GDP) and that its effective implementation will be key forcontribute to the EU’s economic growth; recognises that the RRF has helped to cushion EU economies and citizens from the most acute impacts of the COVID-19 pandemic and is positively contributing to the EU’s recovery and resilience;
2022/03/21
Committee: BUDGECON
Amendment 63 #

2021/2251(INI)

Motion for a resolution
Paragraph 3
3. Notes that, according to the Commission, the real GDP of the EU-27 could be around 1.5 % higher in 2024 than without NGEU investments19 , when implemented effectively; notes, furthermore, that the Commission forecasts that RRF grants will fund 24 % of total recovery support measures in 2022; highlights that Russia’s aggression in Ukraine will have economic and social consequences over the continent, particularly in Eastern Europe, that might influence the forecasts; __________________ 19 European Commission discussion paper 144, Quantifying Spillovers of Next Generation EU Investment, July 2021. https://ec.europa.eu/info/sites/default/files/ economy-finance/dp144_en.pdf
2022/03/21
Committee: BUDGECON
Amendment 72 #

2021/2251(INI)

Motion for a resolution
Paragraph 4
4. Reiterates the importance of the successful implementation by the Member States of national recovery and resilience plans (NRRPs) in order to ensure a long- term impact on the EU economy and society; recalls that the RRF is a performance-based mechanism, whereby funding is disbursed upon completion of milestones and targets related to measures and that the Commission should halt disbursements in case the milestones and targets are not met;
2022/03/21
Committee: BUDGECON
Amendment 88 #

2021/2251(INI)

Motion for a resolution
Paragraph 5
5. Emphasises that the packages of reforms and investments, particularly growth-enhancing ones under the RRF, should also generate EU added value; improve EU competitiveness ; emphasises that the packages of reforms and investments under the RRF should also contribute to the implementation of the European Pillar of Social Rights;
2022/03/21
Committee: BUDGECON
Amendment 111 #

2021/2251(INI)

Motion for a resolution
Paragraph 9
9. Is concerned, however, that only seven Member States have requested loans amounting to a total of EUR 166 billion out of the EUR 385.8 billion avEmphasises that all grants from the RRF should be invested in the implementation period of 2021-2026 to realise the EU’s objectives of sustailnable for loans, leaving a considerable amount available should Member States require loans at a later stage; is preoccupied that the limited interest for the loan component may lead to lost opportunities and prevent the RRF from reaching its full potential;economic growth, resilience and competitiveness; urges Member States to facilitate private investments in connection to the RRF-funded projects in order to increase volume of the recovery plan and close the major investment gap in the fields of green and digital transition.
2022/03/21
Committee: BUDGECON
Amendment 122 #

2021/2251(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Reminds all Member States and the Commission that the current war in Ukraine poses a serious threat to the EU recovery and resilience strategy; urges the European Commission to explore ways in which unused loans could be requested to tackle the economic, social and energy consequences following Russia’s aggression in Ukraine on February 24 2022;
2022/03/21
Committee: BUDGECON
Amendment 129 #

2021/2251(INI)

Motion for a resolution
Paragraph 10
10. Tasks the Commission with analysing: a) the reasons why thsome Member States have not requested logrants to the full extent of their allocation;, b) the extent of loans adopted by central banks in Member States to supplement RRF grants and c) private investments generated from RRF-funded projects.
2022/03/21
Committee: BUDGECON
Amendment 131 #

2021/2251(INI)

Motion for a resolution
Paragraph 10
10. Tasks the Commission with analysing the reasons why the Member States have not requested loans to the full extent of their allocation; calls on the Commission, where relevant, to come forward with targeted measures to incentive the optimal use of the resources available under the RRF, taking into account the new financial needs caused by the Russian invasion of Ukraine and the side-effects of sanctions on Russia;
2022/03/21
Committee: BUDGECON
Amendment 138 #

2021/2251(INI)

Motion for a resolution
Paragraph 10
10. Tasks the Commission with analysing the reasons why the Member States have not requested loans to the full extent of their allocation; stresses that depleting the funds available for loans is not a goal in and of itself; emphasizes that some Member States can borrow at a rate lower than the European Commission due to their fiscal prudence and are hence not in need of RRF loans;
2022/03/21
Committee: BUDGECON
Amendment 143 #

2021/2251(INI)

Motion for a resolution
Paragraph 10 b (new)
10 b. Recalls that, under Article 21 of the Recovery and Resilience Facility, objective circumstances allow a Member State to make a reasoned request to the Commission to make a proposal to amend or replace the approved plan; recalls that objective circumstances do not include political developments in Member States and insists that the Commission should apply a strict definition of the objective circumstances that justify such an amendment;
2022/03/21
Committee: BUDGECON
Amendment 152 #

2021/2251(INI)

Motion for a resolution
Paragraph 11
11. Looks forward to more granular and disaggregated data allowing for a better understanding of the additionality impacts of the RRF; regrets the lack of public information on how the NRRPs comply with the requirement of additionality; urges the Member States to provide detailed information to the Commission in order to ensure effective reporting of the impact of the RRF; ; stresses the importance of a transparent and public score board and thus the need of benchmarking reforms and investments
2022/03/21
Committee: BUDGECON
Amendment 154 #

2021/2251(INI)

Motion for a resolution
Paragraph 11
11. Looks forward to more granular and disaggregated data allowing for a better understanding of the additionality impacts of the RRF; urges the Member States to provide detailed, transparent and timely information information to the Commission in order to ensure effective reporting of the impact of the RRF;
2022/03/21
Committee: BUDGECON
Amendment 169 #

2021/2251(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Recalls that the bonds issued to finance the RRF are to be repaid in a manner that ensures the steady and predictable reduction of liabilities, by 2058 at the latest;
2022/03/21
Committee: BUDGECON
Amendment 214 #

2021/2251(INI)

Motion for a resolution
Paragraph 20
20. Notes that all approved NRRPs expect to achieve the digital target of at least 20 % set out in the RRF Regulation and that the overall digital expenditure of all approved NRRPs reaches almost 29 % or EUR 130 billion; notes that countries have taken different approaches to supporting SMEs and highlights different initiatives such as measures for tax relief, voucher schemes and R&D incentives, digitalisation and aggregators for available technologies and services to SMEs, or speeding of fund distribution to companies;
2022/03/21
Committee: BUDGECON
Amendment 216 #

2021/2251(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Regrets the lack of information on how NRRPs contribute to achieving climate neutrality as outlined in the European Climate Law; calls on the Commission to include data in the national scoreboards on how the investments in the NRRPs reduce greenhouse gas emissions in Member States.
2022/03/21
Committee: BUDGECON
Amendment 217 #

2021/2251(INI)

Motion for a resolution
Paragraph 21
21. Underlines the importance that the NRRPs dedicate almost 50 % of total expenditure or EUR 203 billion to measures to benefit the well-functioning of the single market, improving the business environment and promoting private investments; calls on the Member States to lift all unnecessary obstacles that would prevent SMEs from accessing the relevant RRF funding; asks Member States to implement the NRRPS according to a transparent schedule to allow the private sector to plan their activities and projects according to the relevant reforms and funding;
2022/03/21
Committee: BUDGECON
Amendment 285 #

2021/2251(INI)

Motion for a resolution
Paragraph 29 d (new)
29 d. Recalls that the EU objective to have 5G connectivity in all populated areas of the EU by 2030 is of utmost importance but at the same time particularly challenging to achieve; recalls that scattered and inconsistent approaches between Member States risk countries being left behind and the digital gap between them being exacerbated; notes that several RRPs contain investment proposals in 5G connectivity and recalls that Member States should complement these investments with measures for mobile broadband and infrastructure expansion;
2022/03/21
Committee: BUDGECON
Amendment 286 #

2021/2251(INI)

Motion for a resolution
Paragraph 29 e (new)
29 e. Highlights that synergies between RRF and other Union funding programmes are essential in order to ensure a proper recovery and consolidated resilience of the Union; regrets that some Member States have postponed the presentation of their Operational Programmes for the implementation of the EU structural funds for the period 2021-2027; calls on the Commission to assess the causes of these delays and to address them;
2022/03/21
Committee: BUDGECON
Amendment 287 #

2021/2251(INI)

Motion for a resolution
Paragraph 29 f (new)
29 f. Underlines the need for complementarity with other EU sources of finance to ensure synergies in EU spending efforts, in particular with cohesion policy funds which cover similar objectives to the RRF but with a focus on more long-term structural actions; calls on Member States and cohesion managing authorities to ensure that the Partnership Agreements are linked to and in complementarity with the RRPs.
2022/03/21
Committee: BUDGECON
Amendment 290 #

2021/2251(INI)

Motion for a resolution
Paragraph 30
30. Notes the Commission assessment that all NRRPs address at least a significant subset of challenges identified in the relevant European Semester recommendations but that not all challenges are addressed, such as sustainability of public finances, tax evasion, tax administration and tax avoidance ensuring stability on the housing market and tackling homelessness, equal access to childcare, structural policies that consolidate competition, public administration red tape and malfunctions of state-owned enterprises, ensuring access to independent civil justice and tackling shadow economy and corruption;
2022/03/21
Committee: BUDGECON
Amendment 294 #

2021/2251(INI)

Motion for a resolution
Paragraph 30 a (new)
30 a. Encourages the Commission to make sure that Member States address the Country Specific Recommendations adequately and that this foundational principle of the RRF is adhered to when scrutinising the NRRPs and their implementation;
2022/03/21
Committee: BUDGECON
Amendment 300 #

2021/2251(INI)

Motion for a resolution
Paragraph 31 a (new)
31 a. Underlines that means available for the RRF should be used in the context of REPowerEU before any new instruments are introduced; warns against the automatic reflex in some Member States to push for the creation of additional common debt for that purpose; emphasizes that Member States can use the existing RRF to finance their energy transition in this particular regard; stresses furthermore that the remaining amount of loans available must never become grants;
2022/03/21
Committee: BUDGECON
Amendment 304 #

2021/2251(INI)

Motion for a resolution
Paragraph 31 a (new)
31 a. Is concerned about the lack of control of additionality
2022/03/21
Committee: BUDGECON
Amendment 305 #

2021/2251(INI)

Motion for a resolution
Paragraph 31 b (new)
31 b. Invites the Commission to reflect on ways to direct RRF resources towards defence spending, while respecting the distribution of competences in this policy area;
2022/03/21
Committee: BUDGECON
Amendment 315 #

2021/2251(INI)

Motion for a resolution
Paragraph 32 d (new)
32 d. Urges the Commission to ensure that the evaluation of the milestones and targets achieved by the Member States as part of their NRRP will be based on rigurous quantitative and qualitative assessment; is concerned that a simple quantitative evaluation of the milestones and targets achieved would lead to a box ticking dynamic in Member States, which would then miss a historical opportunity for long-term structural reforms;
2022/03/21
Committee: BUDGECON
Amendment 316 #

2021/2251(INI)

Motion for a resolution
Paragraph 32 e (new)
32 e. Urges Member States to publish periodically up-to-date data on the funds transfered to final recipients, thereby enabling the accurate monitoring of the NRRP implementation;
2022/03/21
Committee: BUDGECON
Amendment 363 #

2021/2251(INI)

Motion for a resolution
Paragraph 35
35. Welcomes the launch in December 2021 of the recovery and resilience scoreboard, which will allow every citizen to monitor the implementation of the RRF; Calls for the Commission to launch its Recovery and Resilience Scoreboard in April 2022 as planned and ensure updates of the scoreboard twice a year in accordance with the RRF regulation; urges the Commission to enforce that Member States should provide the data necessary to report on the progress with regard to the six pillars of the RRF regulation and thereby enable every citizen to monitor the implementation of the RRF.
2022/03/21
Committee: BUDGECON
Amendment 371 #

2021/2251(INI)

Motion for a resolution
Paragraph 36
36. Notes that Member States’ NRRPs report on their communication strategies; deplores however that, without a clear standard, such communication campaigns are envisaged to be very different, thus limiting the visibility of the RRF and EU funding overall; Calls for the Commission and Member States to ensure that the mandatory single web spaces on NRRPs include: a) public procurement plans to improve transparency and enable companies across Member States to tender for projects and b) supplier list open for registration so that main suppliers will have a better overview of potential subsuppliers in other Member States;
2022/03/21
Committee: BUDGECON
Amendment 21 #

2021/2207(INI)

Motion for a resolution
Citation 29
— having regard to its previous resolutions on the Middle East peace process, in particular that of 18 May 2017 on achieving the two-state solution in the Middle East5 , and the resolution of 14 December 2022 on the prospects of the two-State solution for Israel and Palestine; _________________ 5 OJ C 307, 30.8.2018, p. 113.
2023/02/07
Committee: AFET
Amendment 57 #

2021/2207(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the first month of 2023 has been marked by a cycle of violence, with around 30 Palestinians killed by the Israeli Defense Forces, including 9 Palestinians killed in the Jenin Refugee Camp; whereas 7 people have been killed in a brutal attack by a Palestinian terrorist in a synagogue in East Jerusalem;
2023/02/07
Committee: AFET
Amendment 73 #

2021/2207(INI)

Motion for a resolution
Recital D a (new)
D a. whereas international assistance is key to the stability of the West Bank and Gaza and thus also benefits Israel; whereas Israel is obliged under international humanitarian law to ensure the basic needs and well-being of the civilian population under its occupation;
2023/02/07
Committee: AFET
Amendment 75 #

2021/2207(INI)

Motion for a resolution
Recital D b (new)
D b. whereas in Gaza, the blockade and intermittent conflict have crippled the economy and 63% of the area's population requires some form of humanitarian assistance.
2023/02/07
Committee: AFET
Amendment 76 #

2021/2207(INI)

Motion for a resolution
Recital E
E. whereas EU assistance provides vital budget support to the PA through the PEGASE programme; whereas since the beginning of the current multiannual financial framework, EU assistance to Palestine has been ad hoc; whereas the 2021-2024 joint strategy provides a basis on which annual action programmes can be adopted, but a multiannual prospect for concrete funding is still lacking; whereas it is necessary to continue implementing an effective process and a scrutinized review of the designation of EU funds;
2023/02/07
Committee: AFET
Amendment 85 #

2021/2207(INI)

Motion for a resolution
Recital F
F. whereas EU funding includes a multiannual contribution to UNRWA, whose work Parliament continually supports and advocates to be continued with a strong focus on promoting education based on peacebuilding, reconciliation, tolerance, co-existence and non-violence in view of the crucial role played by the Agency for the promotion of stability and development in the region, keeping alive the prospects of sustainable peace;
2023/02/07
Committee: AFET
Amendment 94 #

2021/2207(INI)

Motion for a resolution
Recital F a (new)
F a. whereas the United Nations General Assembly has recently voted to extend the mandate of the UN Relief and Works Agency for Palestine Refugees in the Near East until 30 June 2026;
2023/02/07
Committee: AFET
Amendment 104 #

2021/2207(INI)

Motion for a resolution
Recital G
G. whereas in 2011, the UN Ad Hoc Liaison Committee concluded that Palestinian institutions are ready for statehood; whereas however, since then, the democratic status of Palestine has deteriorated owing to the ongoing occupationexternal and internal problems, as well assuch as the worsening rule of law and corruption and the ongoing occupation;
2023/02/07
Committee: AFET
Amendment 126 #

2021/2207(INI)

Motion for a resolution
Recital I
I. whereas socioeconomic and employment conditions in Palestine have severely deteriorated; whereas the Israeli occupation involves significant restrictions on the Palestinian economy, which undermines the effectiveness of EU aid and increases Palestinian dependence on foreign aid; ith the continued conflict which increases Palestinian dependence on foreign aid; whereas economic reforms by the Palestinian authorities are necessary, while they are not in themselves enough to ensure sustainable economic growth and private sector development on Palestinian territories; whereas the World Bank has highlighted to which extent the restrictions on movement and access in the West Bank and the Israeli movement and access restrictions on Gaza are obstacles to achieving these goals;
2023/02/07
Committee: AFET
Amendment 171 #

2021/2207(INI)

Motion for a resolution
Paragraph 1 – point b
(b) continue to underline that Israeli settlements in the oPt are illegal; call for an end to all actions that undermine the viability of the two-state solution on the ground and call for breaking the cycle of violence;
2023/02/07
Committee: AFET
Amendment 182 #

2021/2207(INI)

Motion for a resolution
Paragraph 1 – point c a (new)
(c a) stress the importance of education in the building of prospects for a two-state solution; reiterates its position that all schoolbooks and school materials must be in line with UNESCO standards of peace, tolerance, coexistence and non-violence;
2023/02/07
Committee: AFET
Amendment 198 #

2021/2207(INI)

Motion for a resolution
Paragraph 1 – point d
(d) support Palestinian calls for renewed and inclusive political representation; strongly urge the PA and President Abbas to hold free, credible, inclusive, transparent and fair national elections in order to strengthen the legitimacy of the Palestinian political leadership; call on Israel to respect its obligations to allow these elections to take place in East Jerusalem; promote the participation of youth and women;
2023/02/07
Committee: AFET
Amendment 233 #

2021/2207(INI)

Motion for a resolution
Paragraph 1 – point h
(h) demand that the PA establish independent and reliable mechanisms to investigate occurrences of torture or ill- treatment; and other human rights violations;
2023/02/07
Committee: AFET
Amendment 262 #

2021/2207(INI)

Motion for a resolution
Paragraph 1 – point l a (new)
(l a) better monitor the implementation of clear differentiation policies within the EU;
2023/02/07
Committee: AFET
Amendment 270 #

2021/2207(INI)

Motion for a resolution
Paragraph 1 – point m a (new)
(m a) engage with the PA to jointly establish a more regular political dialogue at the ministerial level with a strong focus on human rights, rule of law and the fight against terrorism, and to move towards negotiations on a full association agreement between the EU and Palestine; convene an association council when an agreement has been reached;
2023/02/07
Committee: AFET
Amendment 277 #

2021/2207(INI)

Motion for a resolution
Paragraph 1 – point n
(n) work towards an immediate end to the blockade of the Gaza Stripcontinue supporting the efforts to mitigate the humanitarian crisis in the Gaza Strip and to actively work for an end to the sixteen-year-long blockade through a political solution respected by all parties;
2023/02/07
Committee: AFET
Amendment 283 #

2021/2207(INI)

Motion for a resolution
Paragraph 1 – point o
(o) continue its support to the work of the Central Elections Commission and to engage with relevant actors to support the electoral process; actively offer to deploy an EU election observation mission to the oPt upon the announcement of general elections;
2023/02/07
Committee: AFET
Amendment 327 #

2021/2207(INI)

Motion for a resolution
Paragraph 1 – point t a (new)
(t a) strengthen policy dialogue in the framework of PEGASE, through more frequency and better coherence of meetings and concrete indicators;
2023/02/07
Committee: AFET
Amendment 329 #

2021/2207(INI)

Motion for a resolution
Paragraph 1 – point t b (new)
(t b) increase the visibility of EU actions on the ground through a better and more strategic communication;
2023/02/07
Committee: AFET
Amendment 332 #

2021/2207(INI)

Motion for a resolution
Paragraph 1 – point u
(u) ensure continued and additional financial support to Palestinian refugees through UNRWA to meet the increasing needs on the ground; recall that in the agreement for the 2023 EU Budget, the two arms of the budgetary authority jointly decided on an increase for the NDICI-Southern Neighbourhood budget line to be dedicated also to UNRWA; call for an special focus on education and health care within this funding;
2023/02/07
Committee: AFET
Amendment 122 #

2021/2185(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Emphasises that the NGEU Package gives the Member States not only the possibility to stabilise, but especially to support the European economy to fulfil the digital and the green transformation, but claims that fair competition must not be called into question;
2022/01/27
Committee: ECON
Amendment 166 #

2021/2185(INI)

Motion for a resolution
Paragraph 11
11. StressWelcomes thate Parliament’s negotiating mandateadoption onf the Digital Markets Act will be voted on in plenary andin December 2021 and stresses that Parliament is prepared to work towards the accelerated completion of negotiations and the entry into force of the new rules;
2022/01/27
Committee: ECON
Amendment 66 #

2021/2184(INI)

Motion for a resolution
Recital E
E. whereas the role of the banking sector is crucial to the recovery, especially to SME's, and transition to a low-carbon economy;
2022/02/17
Committee: ECON
Amendment 119 #

2021/2184(INI)

Motion for a resolution
Paragraph 2
2. Considers that the BU should be built in a friendlytransparent and attractive way, including for Member States outside the euro area;
2022/02/17
Committee: ECON
Amendment 129 #

2021/2184(INI)

Motion for a resolution
Paragraph 3
3. StressNotes that the relatively good performance of banks during the COVID- 19 crisis is related to the policies implemented by the Member States during the pandemic, as well as to temporary measures under Regulation (EU) 575/2013 (Capital Requirements Regulation);
2022/02/17
Committee: ECON
Amendment 139 #

2021/2184(INI)

Motion for a resolution
Paragraph 4
4. Recalls the key role of the EU banking sector in financing the recovery of the European economy, including sufficient funding for SME's;
2022/02/17
Committee: ECON
Amendment 172 #

2021/2184(INI)

Motion for a resolution
Paragraph 6
6. Supports ongoing work on the implementation of the Basel III rules, that follows the proportionality principles given the specifications and diversity of the EU banking sector;
2022/02/17
Committee: ECON
Amendment 176 #

2021/2184(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Notes that the Basel III implementation needs to provide the banking sector which sufficient margin of manoeuvring their core activities;
2022/02/17
Committee: ECON
Amendment 243 #

2021/2184(INI)

Motion for a resolution
Paragraph 12 – point 1 (new)
(1) Calls for a timely scrutiny of the development of SME financing by banks and investors against the background that Green Asset Ratio under the Taxonomy Regulation (Regulation (EU) 2020/852, § 8) can consider the loans to SME's only in the division with the consequence of a bad Green Asset Ratio for all banks financing SME's;
2022/02/17
Committee: ECON
Amendment 330 #

2021/2184(INI)

Motion for a resolution
Paragraph 20
20. Supports the specification of the public interest assessment criteria so that the SRM is applied in a more consistent and predictable manner; proposes that an alternative liquidation regime for small and medium-sized banks be considered; asks for a more proportionate setting of the minimum requirement for own funds and eligible liabilities (MREL) level;
2022/02/17
Committee: ECON
Amendment 363 #

2021/2184(INI)

Motion for a resolution
Paragraph 23
23. Notes the ongoing discussion of various concepts for the EDIS and calls for an exemption for banks that have already a well established institutional protection scheme;
2022/02/17
Committee: ECON
Amendment 376 #

2021/2184(INI)

Motion for a resolution
Paragraph 24
24. Considers that the main obstacles for EDIS are concerns about risks in some banking systems; stresses that the implementation of credible and effective risk reduction measures could enable an agreement on EDIS, exempting those institutions which already have a stringent risk sharing scheme in place;
2022/02/17
Committee: ECON
Amendment 388 #

2021/2184(INI)

24 a. Recalls that comparable and low NPL rates are a necessary precondition to the implementation of EDIS;
2022/02/17
Committee: ECON
Amendment 3 #

2021/2097(INI)

Motion for a resolution
Citation 19 a (new)
— having regard to the European Securities and Markets Authority's final report of 23 September 2020 on the MAR Review,
2021/11/25
Committee: ECON
Amendment 28 #

2021/2097(INI)

Motion for a resolution
Recital E
E. whereas complex refund procedures increase the administrative burden for cross-border investments, particularly SME and individual investors, and may create an obstacle to market integration and the advancement of the Capital Markets Union;
2021/11/25
Committee: ECON
Amendment 49 #

2021/2097(INI)

Motion for a resolution
Recital G
G. whereas the cum-ex and cum-cum schemes both involve reclaims of dividend withholding tax to which the beneficiaries were not entitled and have been ruled illegal; together the schemes are estimated to have imposed a total cost to taxpayers of about EUR 55 billion between 2001 and 2012 in the 11 Member States concerned;
2021/11/25
Committee: ECON
Amendment 58 #

2021/2097(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the agreement reached by the G20/OECD Inclusive Framework on a two-pillar reform, including a global minimum effective tax rate; considers this an important step towards ending the practice of shifting profits to low-tax jurisdictions; regretnotes the fact that the scope is limited to multinational enterprises with a global consolidated turnover of at least EUR 750 million;
2021/11/25
Committee: ECON
Amendment 65 #

2021/2097(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the agreement reached by the G20/OECD Inclusive Framework on a two-pillar reform, including a global minimum effective tax rate; considers this an important step towards ending the practice of shifting profits to low-tax jurisdictions; regrets the fact that the scope is limited to multinational enterprises with a global consolidated turnover of at least EUR 750 millcalls on the Commission to bring forward a proposal to implement the international agreement in EU law that respects the spirit of the agreement and not to go beyond what has been agreed so as to preserve the competitiveness of the Union;
2021/11/25
Committee: ECON
Amendment 70 #

2021/2097(INI)

Motion for a resolution
Paragraph 4
4. Is pleased that 136 countries and jurisdictions have supported the G20/OECD Inclusive Framework agreement on a two-pillar reform; regrets notes the fact that one Member State is not part of the Inclusive Framework;
2021/11/25
Committee: ECON
Amendment 79 #

2021/2097(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Commission and the Member States to set up a harmoniscoordinated withholding tax framework that ensures that all dividend, interest and royalties payments flowing out the EU are taxed at a minimum effective tax rate;
2021/11/25
Committee: ECON
Amendment 123 #

2021/2097(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to enhance cooperation and mutual assistance between tax authorities, financial market supervisory authorities and, where appropriate, law enforcement bodies regarding the detection and prosecution of withholding tax reclaim schemes; takes note in this regard of ESMA's recommendation to the Commission to remove the legal limitations to the exchange of information between these authorities1a; shares ESMA's concern that withholding tax reclaim schemes are rarely confined to EU borders1b and therefore stresses the importance of continued international cooperation on this matter; _________________ 1aEuropean Securities and Markets Authority (ESMA), MAR Review Report, [ESMA70-156-2391], 23 September 2020, paragraph 624 1bEuropean Securities and Markets Authority (ESMA), MAR Review Report, [ESMA70-156-2391], 23 September 2020, paragraph 617
2021/11/25
Committee: ECON
Amendment 132 #

2021/2097(INI)

13. Recalls that Directive (EU) 2018/822 introduced an obligation on intermediaries to report potentially harmful tax arrangements; calls on the Commission to evaluate to what extent these rules have contributed to revealing harmful tax arrangements such as cum-cum and cum- ex schemes and to what extent they have had a deterrent effect like destroying secrecy inherent to exercising respective professions such as tax accountants and lawyers;
2021/11/25
Committee: ECON
Amendment 151 #

2021/2097(INI)

Motion for a resolution
Paragraph 15
15. Encourages the development of a harmonised EU procedure for withholding tax refunds for all Member States, thereby addressing the concerns about regulatory discrepancies; calls on the Commission to consider, as part of this harmonisation, inter alia, the introduction of a standardised format and process for reclaim requests, the lack of a uniform definition of "beneficial owner", the alignment of the time periods for request and reclaim, and language barriers;
2021/11/25
Committee: ECON
Amendment 160 #

2021/2097(INI)

Motion for a resolution
Paragraph 16
16. Notes that digitalising these procedures and improving cooperation between national tax administrations could reduce the administrative burden and uncertainty in cross-border investments including also cross border donations in the framework of philanthropy;
2021/11/25
Committee: ECON
Amendment 161 #

2021/2097(INI)

Motion for a resolution
Paragraph 16
16. Notes that digitalising these procedures and improving cooperation between national tax administrations could reduce the administrative burden and uncertainty in cross-border investments in the short-term; in the mid- to long-term, calls the Commission to consider the possibility of developing and introducing a fully integrated, centralised and automated system to allow a seamless, and fraud-proof system for relief at source; calls on the Commission, in this regard, to take account of existing digital solutions in Member States and the potential benefits of using distributed ledger technology (DLT) as the foundations of such a system, and to consider the establishment of a pilot project;
2021/11/25
Committee: ECON
Amendment 72 #

2021/2074(INI)

Motion for a resolution
Paragraph 1
1. Recalls that Member States are free to decide on their own economic policies and in particular their own tax policies; emphasises that it logically follows that decisions in the Council regarding tax matters require unanimity; recalls, however, that Member States must exercise this competence consistently with Union law;
2021/10/28
Committee: ECON
Amendment 92 #

2021/2074(INI)

Motion for a resolution
Paragraph 4
4. Notes that tax base harmonisation such as the common corporate tax base or the ‘Business in Europe: Framework for Income Taxation’ could reduce the cost of tax compliance for SMEs that operate in more than one Member State; stresses that its proposed introduction must not lead to direct or indirect taxation of companies by the EU;
2021/10/28
Committee: ECON
Amendment 174 #

2021/2074(INI)

Motion for a resolution
Paragraph 14
14. Highlights that tax incentives for private research and development (e.g. via tax credits, enhanced allowances or adjusted depreciation schedules) can help to lift an economy’s overall spending towards research and development, which often comes with positive externalities; the logic of tax incentives applies to European philanthropy as well that proved very useful since the Corona crisis; is concerned, however, that certain types of tax incentives such as patent box / intellectual property box regimes do little to increase research and development spending and may actually distort the single market;
2021/10/28
Committee: ECON
Amendment 4 #

2021/2063(INI)

Motion for a resolution
Citation 7
— having regard to Articles 123, 125, 127(1) and (2), 130 and 284(3) of the Treaty on the Functioning of the European Union (TFEU),
2021/10/13
Committee: ECON
Amendment 14 #

2021/2063(INI)

Motion for a resolution
Citation 11 a (new)
— having regard to the ECB's study "The use of cash by Households in the euro area" published in November 2017,
2021/10/13
Committee: ECON
Amendment 15 #

2021/2063(INI)

Motion for a resolution
Citation 11 b (new)
— having regard to the ECB's study "Inflation measurement and its assessment in the ECB’s monetary policy strategy review" published in September 2021,
2021/10/13
Committee: ECON
Amendment 46 #

2021/2063(INI)

Motion for a resolution
Recital E
E. whereas, without prejudice to the objective of price stability, the ECB should support the general economic policies in the Union with a view to was publicly discussed on how the ECB may contributinge to the achievement of the objectives of the Union as laid down in Article 3 TEU; whereas these objectives include the promotion of peoples’ well-being, economic, social and territorial cohesion, balanced economic growth, a highly competitive social market economy aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment, price stability stays the main objective of the ECB; together with its political neutrality and statutory independence, a maintained price stability will also positively affect the objectives of the Union as laid down in Article 3 TEU;
2021/10/13
Committee: ECON
Amendment 79 #

2021/2063(INI)

Motion for a resolution
Paragraph 2
2. WelcomesTakes note of the ECB Monetary Policy Strategy Review adopted unanimously and announced on 8 July 2021, which sets out how to achieve the primary objective of maintaining price stability and contribute to the achievement of the Union’s objectives without prejudice to the objective of price stability;
2021/10/13
Committee: ECON
Amendment 84 #

2021/2063(INI)

Motion for a resolution
Paragraph 3
3. Is deeply concerned about the unprecedented healthcare, social and economic crisis caused by the COVID-19 pandemic, resulting in a sharp contracthaving negative repercussions ofn the euro area economy, a sharp increase in economic and social inequalities, and rapidly deteriespecially in countries that have been vulnerable before; emphasises in this context the importance of fiscal discipline and economic conditionality to prevent or ating labour market conditions; notes that euro area activity is expected to rebound, although the speed, scale and evenness of the rebound remains highly uncertain least mitigate economic crises as a predictable consequence of natural crises; notes that euro area activity is expected to rebound, what can be accelerated by triggering smart investments and implementing outstanding reforms;
2021/10/13
Committee: ECON
Amendment 87 #

2021/2063(INI)

Motion for a resolution
Paragraph 3
3. Is deeply concerned about the unprecedented healthcare, social and economic crisis caused by the COVID-19 pandemic, resulting in a sharp contraction of the euro area economy, a sharp increase in economic and social inequalities, and rapidly deteriorating labour market conditions; is especially concerned about the effect that the COVID-19 pandemic had on SMEs; notes that euro area activity is expected to rebound, although the speed, scale and evenness of the rebound remains highly uncertain;
2021/10/13
Committee: ECON
Amendment 94 #

2021/2063(INI)

Motion for a resolution
Paragraph 4
4. Stresses that sustainable growth, resilience and price stability cannot be achieved by monetary policy alone and that supportive and discretionary fiscal policy and socially balanced andAcknowledges President Lagarde’s call for full alignment of fiscal and monetary policies in tackling the COVID- 19 crisis while emphasising the ECB's neutrality when it comes to political decisions activating productivity- enhancing reforms and investments are also necessary; acknowledges President Lagarde’s call for full alignment of fiscal and monetary policies in tackling the COVID-19 crisis;
2021/10/13
Committee: ECON
Amendment 101 #

2021/2063(INI)

Motion for a resolution
Paragraph 5
5. Agrees withTakes note of the ECB President’s statement of 10 June 2021 that ‘an ambitious and coordinated fiscal stance remains crucial, as a premature withdrawal of fiscal support would risk weakening the recovery and amplifying the longer-term scarring effects’; but also reminds that long-term fiscal support is not replacing long-term reforms aiming at investments reviving our European economy and making Europe a front runner in international competition;
2021/10/13
Committee: ECON
Amendment 117 #

2021/2063(INI)

Motion for a resolution
Paragraph 7
7. Echoes President Lagarde’s call for the revision and simplification of the Stability and Growth Pact to be carried out before the deactivation of the general escape clause;deleted
2021/10/13
Committee: ECON
Amendment 119 #

2021/2063(INI)

Motion for a resolution
Paragraph 7
7. EchoAcknowledges President Lagarde’s call for the revision and simplification of the Stability and Growth Pact to be carried out before the deactivation of the general escape clause; in which ideally the disbursement of cohesion funds should be linked to compliance with the Fiscal Pact by the respective Member State and which, following an excessive deficit procedure, should provide for automatic sanctions against Member States, sanctions that cannot be politically undermined;
2021/10/13
Committee: ECON
Amendment 129 #

2021/2063(INI)

Motion for a resolution
Paragraph 8
8. WelcomesTakes note of the ECB’s substantially eased monetary policy stance in response to the COVID-19 crisis, which includes the introduction of the pandemic emergency purchase programme (PEPP), the relaxation of the eligibility and collateral criteria and the offer of new longer-term refinancing operations; welcomes, moreover, the ECB’s decision to maintain instruments, such as forward guidance, asset purchases andreminds of the controversy of asset purchase programmes and the need for the ECB to provide detailed proof of the proportionality and the impact assessment of longer-term refinancing operations, as an integral part of its toolkitresponsibility towards national parlaments;
2021/10/13
Committee: ECON
Amendment 134 #

2021/2063(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the ECB’s decision to continue to conduct net asset purchases at a significantly higher pace under the PEPP until at least the end of March 2022;deleted
2021/10/13
Committee: ECON
Amendment 153 #

2021/2063(INI)

Motion for a resolution
Paragraph 10
10. WelcomesTakes note of the ECB’s expectation that monthly net asset purchases under the asset purchase programme (APP) will continue to run for as long as necessary to reinforce the accommodative impact of its policy rates;
2021/10/13
Committee: ECON
Amendment 189 #

2021/2063(INI)

Motion for a resolution
Paragraph 13
13. NotWelcomes the ECB’s decision to include the costs related to owner-occupied housing in the HICP to better represent the inflation rate that is relevant for households;
2021/10/13
Committee: ECON
Amendment 192 #

2021/2063(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Takes note of potential HICP measurement biases including the Quality Adjustment bias; invites the ECB to provide more transparency about the Quality Adjustments in different Member States and their effects on the measured inflation;
2021/10/13
Committee: ECON
Amendment 194 #

2021/2063(INI)

Motion for a resolution
Paragraph 13 b (new)
13 b. Notes the impact of long-term low interest rates; underlines that low interest rates, on the one hand, offer opportunities to consumers, companies, including SMEs, workers and borrowers, who can benefit from stronger economic momentum, lower unemployment and lower borrowing costs; recognises the diverging distributional consequences of the ECB’s policies; calls on the ECB to examine the impact of its policies on wealth inequality; regrets, on the other hand, the increase of unviable and highly indebted business, the reduced incentive for governments to pursue growth and sustainability-enhancing reforms, as well as detrimental effects on insurers and pension funds, and stresses the financial burden this places on many citizens across the Union;
2021/10/13
Committee: ECON
Amendment 195 #

2021/2063(INI)

Motion for a resolution
Paragraph 13 b (new)
13 b. Warns, however, against the risk of excessive valuations on bond markets, which risk being difficult to handle if interest rates start to rise again, particularly for countries involved in an excessive deficit procedure or those with high levels of debt;
2021/10/13
Committee: ECON
Amendment 197 #

2021/2063(INI)

Motion for a resolution
Paragraph 13 c (new)
13 c. Asks the ECB to monitor the proportionality of quantitative easing to the risks in its balance sheets, asset price inflation and the potential misallocation of resources;
2021/10/13
Committee: ECON
Amendment 205 #

2021/2063(INI)

Motion for a resolution
Paragraph 14
14. Recalls that, as an EU institution, the ECBTakes note of the ECB's statement that tackling the climate emergency touches not only upon its bound by the Paris Agreement and that this should be reflected in its policiessecondary but also upon its primary mandate, given that climate change and its consequences pose a threat to price stability;
2021/10/13
Committee: ECON
Amendment 209 #

2021/2063(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Welcomes the ECB's efforts to monitor and reduce ist Environmental Footprint;
2021/10/13
Committee: ECON
Amendment 219 #

2021/2063(INI)

15. Agrees with the ECB that tackling the climate emergency touches not only upon its secondary but also upon its primary mandate, given that climate change and its consequences pose a threat to price stabilityRecalls in this context that as being one of the EU Institutions, the ECB's main task is to maintain price stability that will create the right conditions and the foundation for politics and a policy also implementing the Paris Agreement;
2021/10/13
Committee: ECON
Amendment 226 #

2021/2063(INI)

Motion for a resolution
Paragraph 16
16. WelcomesTakes note of the ECB’s new action plan and its detailed roadmap of climate change-related actions to further incorporate climate change considerations into its policy framework;
2021/10/13
Committee: ECON
Amendment 233 #

2021/2063(INI)

Motion for a resolution
Paragraph 17
17. Believes that the market neutrality principle falls short of the commitmentsmust be maintained also and especially under the Paris Agreement and the EU’s objective of achieving climate neutrality by 2050 at the latest; notes that the ECB has already deviated from market neutrality in several instances;
2021/10/13
Committee: ECON
Amendment 261 #

2021/2063(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the fact that the ECB is taking steps to incorporate climate-related risks into its collateral framework but warns against delays in its implementation; is concerned about the fact that the ECB continues to rely exclusively on private external credit rating agencies (CRAs) for risk assessment;
2021/10/13
Committee: ECON
Amendment 286 #

2021/2063(INI)

Motion for a resolution
Paragraph 21
21. IsAcknowledges existing concerneds about the risks caused by the serious delay in completing the third pillar of the banking union; welcomes the ECB’s long- standing support of the establishment of a fully fledged European Deposit Insurance Scheme (EDIS) but only after risk reduction has taken place; calls on the Commission to duly take into account the role of institutional protection schemes in protecting and stabilising member institutions first;
2021/10/13
Committee: ECON
Amendment 304 #

2021/2063(INI)

Motion for a resolution
Paragraph 22
22. Welcomes the ECB’s decision to launch a 24-month investigation phase of a digital euro project; calls on the ECB to effectively address the expectations and concerns raised during the public consultation on a digital euro; insists that this digital Euro must not replace cash as means of payment;
2021/10/13
Committee: ECON
Amendment 306 #

2021/2063(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Reminds the ECB that Cash Payments are still a very important form of payments, and that it should not further reduce the amount of denominations in circulation;
2021/10/13
Committee: ECON
Amendment 326 #

2021/2063(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Expresses concern about the steadily increasing divergence of TARGET2 balances within the ESCB; notes that the interpretation of these divergences is contested;
2021/10/13
Committee: ECON
Amendment 347 #

2021/2063(INI)

Motion for a resolution
Paragraph 29
29. Reiterates that the nomingrets with strong concerns thati onsly 2 of the Executive Board members should be prepared carefully and take a gender- balanced approach, with full transparency and together w25 Members of the ECB's Governing Council are women, despite repeated calls from the European Parliament, and from senior figures in the ECB including iths Parliament, in line with the Treresident Christine Lagarde, to improve gender balance in EU economic and monetary affairs nominatieons;
2021/10/13
Committee: ECON
Amendment 74 #

2021/2061(INI)

Motion for a resolution
Paragraph 1
1. Notes that the European economy is recovering faster than expected from the devastating impact of the global pandemic; remains concerned about low growth potential compared to other regions in the post-pandemic recovery;
2021/07/15
Committee: ECON
Amendment 88 #

2021/2061(INI)

Motion for a resolution
Paragraph 3
3. Points out that the roll-out of the temporary Recovery and Resilience Facility (RRF) will help to make EU economies and societies more sustainable, inclusive, resilient and better prepared for the green and digital transitions; notes that the facility, which is the centrepiece of NextGenerationEU, will provide large- scale financial support to Member States of up to EUR 672.5 billion in grants and loans to finance reforms and investments;
2021/07/15
Committee: ECON
Amendment 93 #

2021/2061(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Recalls that the debt issued to finance the Recovery and Resilience Fund is to be repaid by 2058, in a manner that ensures the steady and predictable reduction of liabilities;
2021/07/15
Committee: ECON
Amendment 95 #

2021/2061(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Is pleased that economic growth levels are rebounding even though the resources of the RRF have not yet been invested, demonstrating the resilience of the European economy;
2021/07/15
Committee: ECON
Amendment 97 #

2021/2061(INI)

Motion for a resolution
Paragraph 3 c (new)
3c. Recognizes the European solidarity underlying the establishment of the RRF; stresses in this regard the importance of Country Specific Recommendations linked to the approval of national recovery and resilience plans;
2021/07/15
Committee: ECON
Amendment 101 #

2021/2061(INI)

Motion for a resolution
Paragraph 4
4. Is pleased that, according to the Commission, economic activity in the EU is expected to pick up in all Member States, with acceleration as of the second half of 2021, as containment measures are gradually relaxed and vaccination progresses, reflecting the growth impulse stemming from the expected implementation of the national recovery and resilience plans; remains concerned, however, that the speed of the recovery will vary across Member States and regions;
2021/07/15
Committee: ECON
Amendment 119 #

2021/2061(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Reiterates its stance that a proper and credible economic governance framework is a necessary requirement for sustainable fiscal policies, debt and deficit trajectories ensuring credible paths of debt reduction; stresses the importance of a sustainable debt level for the real economy;
2021/07/15
Committee: ECON
Amendment 122 #

2021/2061(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Notes that the EU should strive for a "Maastricht 2.0", namely automatic sanctions against Member States that persistently violate the principles of public budget management, including non- financial sanctions, such as the suspension of the right to vote in the Council of Economic and Finance Ministers; calls on the Commission to ensure compliance of the Member States with the rules of the fiscal pact and make it a condition for accessing cohesion funds; calls furthermore on making the indicator for fiscal sustainability ("S2"), calculated by the European Commission, a binding component of the assessment of national budgets within the framework of the Stability and Growth Pact;
2021/07/15
Committee: ECON
Amendment 167 #

2021/2061(INI)

Motion for a resolution
Paragraph 9
9. Notes that Member States with high debt should use the RRF to finance additional investment to support the recovery in order to benefit from a lower interest rate, while pursuing a prudent fiscal policy; stresses the importance of the Member States using the potential of the RFF to support the necessary structural changes and the transformation to more globally competitive, future-proof, agile industries; agrees that the growth of nationally financed current expenditure should be kept under control and be limited for Member States with high debt, allowing fiscal measures to maximise support to the recovery without pre-empting future fiscal trajectories and creating a permanent burden on public finances;
2021/07/15
Committee: ECON
Amendment 184 #

2021/2061(INI)

Motion for a resolution
Paragraph 12
12. Notes that environmental sustainability, productivity, fairness, fiscal discipline and macroeconomic stability remain the guiding principles of the EU’s economic agenda; stresses, furthermore, that the digital transformation of our societies, businesses and economies is crucial in order to increase Europe’s productivity and competitiveness for a robust recovery, in line with the Digital Decade;
2021/07/15
Committee: ECON
Amendment 198 #

2021/2061(INI)

Motion for a resolution
Paragraph 13
13. Highlights that the RRF is an unprecedented and unique opportunity for all Member States to address key structural challenges and investment needs, while embracing the green and digital transitions;
2021/07/15
Committee: ECON
Amendment 288 #

2021/2061(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Stresses in this regard that the RRF loans available raise national debt levels in some Member States, increasing the importance of fiscal discipline in the medium term;
2021/07/15
Committee: ECON
Amendment 294 #

2021/2061(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. Recalls that the EU's debts need to be proportionately included in the assessment of the fiscal sustainability of the individual Member States;
2021/07/15
Committee: ECON
Amendment 16 #

2021/2010(INI)

Motion for a resolution
Recital A
A. whereas current international corporate tax rules are based on principles which were developed in the early 20th century and are no longer suitedbenefit now in the framework of the OECD negotiations from a review of their proportionality and practicability ensuring the competitiveness of European companies with a view to an increasingly globalised and digitalised economy;
2021/03/01
Committee: ECON
Amendment 51 #

2021/2010(INI)

Motion for a resolution
Paragraph 1
1. Notes that the current rules date back to the early 20th century, and are mainly based on physical presence; points out that din digital economy, it is difficult to determine where exactly value is added; an increasing mobility of customers and entrepreneurs have to be taken into account by any tax measures. Digitalised companies can engage in significant business activities in a jurisdiction without physical presence there, and therefore taxes paid in one jurisdiction no longer reflect the value and profits created there; regrets that the traditional concept of permanent establishment fails to cover the new aspects of digital businesses, and underlines the need to define virtual permanent establishtransfer prices, the definition of permanent establishments and taxation gaps resulting from various overly complex tax systems must be reviewed in particular with regard to double tax agreements; stresses thatas large amount of users of online platforms and consumers of digital services cannot be shifted outside a jurisdiction in the same way as capital and labour, and should therefore be the basis for the definition of a new tax nexus in order to provide an effective remedy against aggressive planningare located outside the European Union, only an international approach at OECD level can bring a remedy against aggressive planning, double taxation and trade disputes;
2021/03/01
Committee: ECON
Amendment 61 #

2021/2010(INI)

Motion for a resolution
Paragraph 2
2. Regrets the shortcomings of the international tax system, which is unfit for properly addressing the challenges of globalisation and digitalisation; calls for an international agreement aiming for a fair and effective tax system; however recalls that a pure digital tax in form of an additional tax like a "second sales tax" cannot be the solution to this problem. Urges the European Union to insist of an international approach as the European approach for a DST or DAT based on a tax substrate where the users are located does not appropriately consider the large number of additional users outside the EU, e.g. in Asian countries, and harms the competitiveness of European companies;
2021/03/01
Committee: ECON
Amendment 73 #

2021/2010(INI)

Motion for a resolution
Paragraph 3
3. Highlights the need to address the under-taxation of the digital economy, while ensuring a fair distribufind an international approach at OECD level for a fair taxation of taxking rights among all countries where the value creation of multinational digital companies takes placeinto account the mobility inherent of the multinational digital economy in particular with a view on value creation without endangering double-tax agreements;
2021/03/01
Committee: ECON
Amendment 109 #

2021/2010(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the proposal under Pillar One of a new tax nexus and new taxing rights which would create the possibility of taxing multinational enterprises (MNEs) in market jurisdictions, even where they have no physical presence based on their economic activity; underlines that the interaction with users and consumers significantly contributes to value creation in digital business models, and should therefore be taken into account when allocating taxing rights; stresses that the scope of these new taxing rights should cover all large MNEs which could engage in BEPS practices, while not creating further and unnecessary burdens on SMEs; calls for the consideration of findings containing information displaying the bureaucratic efforts medium-sized enterprises have to bring up in compliance with BEPS good practices and to which extent they are treated differently by the tax authorities than corporations;
2021/03/01
Committee: ECON
Amendment 141 #

2021/2010(INI)

Motion for a resolution
Paragraph 10
10. Regrets that the failure of the G20/OECD IF to find a solution in October 2020 will prolong the under- taxation of the digital economy; sStresses that the COVID 19 pandemic has largely benefited digital businesses and accelerated the transition to a digital economy, thereby re-emphasising the need to reform the current tax system in order to ensure a fair contribution from the digital economyview existing double taxation and for common standards similar to an EU foreign tax policy. Every profit that leaves the EU needs to be taxed at least once, white income (double untaxed income) needs to be prevented, an EU- wide legal basis for tax reclaims should be examined. Calls for an analysis of a possible in-house excise tax on European locations of multinational companies and, where necessary, appropriate measures must be taken;
2021/03/01
Committee: ECON
Amendment 162 #

2021/2010(INI)

Motion for a resolution
Paragraph 11
11. Insists therefore that, regardless of the progress of the negotiations at the G20/OECD IF, the EU should stand ready to roll out its own solutions for taxing the digital economy by the end of 2021; calls on the Commission to present proposStresses the need to create a level playing field for providers of traditional services and digital services, to achieve such a fair taxation, competitive advantages of the digital economy in tax law over other companies shalsl by June 2021, while anticipating their compatibility with the reform by the G20/OECD IF to be agreed on; stresses thee analysed and ended. An agreement at the level of the G20/OECD states is urgently needed to create a level playing field for providers of traditional services and digital services in the EU by ensuring that the latter are taxed at an adequate rate; invites the Commission to consider in particular introducing a European Digital Services Tax as a necessary first stepmake international coordination possible. A hasty, provisional and internationally uncoordinated digital tax on European level needs to be avoided. Therefore, there must be no solo effort of the Commission;
2021/03/01
Committee: ECON
Amendment 175 #

2021/2010(INI)

Motion for a resolution
Paragraph 12
12. Understands that some Member States consider the taxation of digital economy an urgent issue and have therefore introduced digital services taxes at national level; recalls that these national measurRecalls that national digital services taxes should be phased out once a multilateral solution is found; calls on Member States to refrain from introducing national solutions unilaterally, as they create a risk of fragmentation of the single market; recalls that although taxation is primarily a Member State competence, they must exercise it in coherence with the common principles of EU law in order to ensure coherence between national frameworks, thereby allowing for fair competition and avoiding a negative impact on the overall coherence of EU taxation principles;
2021/03/01
Committee: ECON
Amendment 184 #

2021/2010(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. States that there must be uniform minimum standards in the EU for legally binding tax rulings with individual companies. Individual companies must not be granted tax advantages that other companies in a comparable situation are not granted. This currently represents a massive distortion of competition to the detriment of SMEs;
2021/03/01
Committee: ECON
Amendment 195 #

2021/2010(INI)

Motion for a resolution
Paragraph 13
13. Regretcalls that in the Council did not agree on any of the Commission’s related proposals, i.e. the digital services tax, the significant digital presence or the CCTB and CCCTB; calls on the Member States to reconsider their position on these proposals,EU, fair tax competition is necessary via a common and, in a second step, a consolidated corporate tax base. In this way, manipulation of the tax assessment base can be avoided. The competition then takes place exclusively via the tax rate. This ensures tax competition and there is no need to standardize tax rates; calls on the Member States to discuss the matter of CCTB and CCCTB and to consider all options provided for by the Treaties if no unanimous agreement can be reached;
2021/03/01
Committee: ECON
Amendment 236 #

2021/2010(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the conclusions of the European Council of 21 July 2021, which task the Commission with putting forward proposals for additional oReminds the Council and the Commission of the ETS as a sufficient tool to cover European Own rResources including a digital levy;
2021/03/01
Committee: ECON
Amendment 94 #

2021/0433(CNS)

Proposal for a directive
Recital 20
(20) The effectiveness and fairness of the global minimum tax reform heavily relies on its worldwide implementationswift and consistent implementation worldwide and by EU Member States by 2023. It will thus be vital that all major trading partners of the Union apply either a qualified IIR or an equivalent set of rules on minimum taxation. In this context, and in support of legal certainty and efficiency of the global minimum tax rules, it is important to further delineate the conditions under which the rules implemented in a third country jurisdiction which will not transpose the rules of the global agreement can be granted equivalence to a qualified IIR. To this end, this Directive should provide for an assessment, by the Commission, of the equivalence criteria based on certain parameters together with a listing of third country jurisdictions that meet the equivalence criteria. This list would be modified, through a delegated act, following any subsequent assessment of the legal framework implemented by a third country jurisdiction in its domestic law. The implementation of the Pillar II Directive will require an increased exchange of information between Member States and third country jurisdictions. To this end, the Directive on administrative cooperation(DAC) should be reviewed in accordance with the future OECD work on a competent authority agreement to be developed by the end of 2022.
2022/03/30
Committee: ECON
Amendment 296 #

2021/0426(COD)

Proposal for a directive
Recital 5 a (new)
(5 a) The dilemma between affordable housing and climate protection requires technological neutrality and the innovative power of business and science. The price signal of carbon emission trading unleashes competition and guides action so that emission reduction takes place where it is most cost-effective, thus reducing the overall cost of the climate transition for the EU and its citizens. Under the European Green Deal, the Commission therefore proposed revising Directive 2003/87/EC (EU-ETS) to expand carbon emissions trading to road transport and buildings, with the view of aiming for a carbon price signal for the whole economy. This inclusion of buildings in emissions trading has the potential to replace costly and ineffective regulatory requirements for energy efficiency in buildings in the long term.
2022/07/06
Committee: ITRE
Amendment 302 #

2021/0426(COD)

Proposal for a directive
Recital 6
(6) Buildings account for 40 % of final energy consumption in the Union and 36% of its energy-related greenhouse gas emissions . Therefore, reduction of energy consumption , in line with the energy efficiency first principle as laid down in Article 3 [revised EED] and defined in Article 2(18) of Regulation (EU) 2018/1999 of the European Parliament and of the Council32cost-efficient energy efficiency and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce the Union’s greenhouse gas emissions. Reduced energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the Union’s energy dependency, promoting security of energy supply and technological developments and in creating opportunities for employment and regional development, in particular in islands and rural areas. _________________ 32 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
2022/07/06
Committee: ITRE
Amendment 338 #

2021/0426(COD)

Proposal for a directive
Recital 14
(14) Two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. In order to decarbonise the building sector, it is of particular importance to phase out fossil fuel in heating and cooling. Therefore, Member States should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans, and no financial incentives should be given for the installation of fossil fuel boilers under the next Multiannual Financial Framework as of 2027, with the exception of those selected for investment, before 2027, under the European Regional Development Fund and on the Cohesion Fund and of those that are able to run on renewable energy sources. A clear legal basis for the ban of heat generators based on their greenhouse gas emissions or the type of fuel used should support national phase-out policies and measures.
2022/07/06
Committee: ITRE
Amendment 372 #

2021/0426(COD)

Proposal for a directive
Recital 24 a (new)
(24 a) To mitigate negative effects of the implementation of energy efficiency measures and mandatory minimum energy performance standards, the cost- effectiveness of such provisions as well as their affordability shall be aligned with the basic principles of the property and tenancy law of the Member States and with the outmost consideration of the subsidiarity principle.
2022/07/06
Committee: ITRE
Amendment 381 #

2021/0426(COD)

Proposal for a directive
Recital 27
(27) The Union-wide minimum energy performance standards should be based on harmonised energy performance classes. By defining the lowest energy performance class G as the worst-performing 15%buildings of each Member State’s national building stock, the harmonisation of energy performance classes ensures similar efforts by all Member States, while the definition of the best energy performance class A ensures the convergence of the harmonised energy performance class scale towards the common vision of zero-emission buildings.
2022/07/06
Committee: ITRE
Amendment 398 #

2021/0426(COD)

Proposal for a directive
Recital 33
(33) The concept of ‘deep renovation’ has not yet been defined in Union legislation. With a view to achieving the long-term vision for buildings, deep renovation should be defined as a renovation that transforms buildings into zero-emission buildings; in a first step, as a renovation that transforms buildings into nearly zero-energy buildings. This definition serves the purpose of increasing the energy performance of buildings. A deep renovation for energy performance purposes is a primen opportunity to address other aspects such as living conditions of vulnerable households, increasing climate resilience, resilience against disaster risks including seismic resilience, fire safety, the removal of hazardous substances including asbestos, and accessibility for persons with disabilities.
2022/07/06
Committee: ITRE
Amendment 414 #

2021/0426(COD)

Proposal for a directive
Recital 36 a (new)
(36 a) To achieve a cost-efficient decarbonisation of the heating sector, Member States should ensure a level playing field among available technologies, taking into consideration energy efficiency, security of supply, cost- effectiveness and flexibility.
2022/07/06
Committee: ITRE
Amendment 418 #

2021/0426(COD)

Proposal for a directive
Recital 40
(40) Promoting green mobility is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles. A shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from transport. As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from transport and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a major barrier to the uptake of cycling, both in residential and non- residential buildings. Building codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces.
2022/07/06
Committee: ITRE
Amendment 476 #

2021/0426(COD)

Proposal for a directive
Article 1 – paragraph 2 – point d
(d) the application of minimum energy performance standards to existing buildings and existing building units or to integrated districts and neighbourhoods;
2022/07/06
Committee: ITRE
Amendment 498 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-site, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or from a district heating and cooling systemand / or waste energy, in accordance with the requirements set out in Annex III;
2022/07/06
Committee: ITRE
Amendment 525 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
3. ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I , which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearbcogeneration heat and / or waste energy;
2022/07/06
Committee: ITRE
Amendment 621 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 49 – introductory part
49. ‘energy from renewable sources and / or waste energy produced nearby’ means energy from renewable sources and / or waste energy produced within a local or district level perimeter of the building assessed, which fulfils all the following conditions:.
2022/07/06
Committee: ITRE
Amendment 623 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 49 – point a
(a) it can only be distributed and used within that local and district level perimeter through a dedicated distribution network;deleted
2022/07/06
Committee: ITRE
Amendment 629 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 49 – point b
(b) it allows for the calculation of a specific primary energy factor valid only for the energy from renewable sources produced within that local or district level perimeter; andeleted
2022/07/06
Committee: ITRE
Amendment 632 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 49 – point c
(c) it can be used on-site of the building assessed through a dedicated connection to the energy production source, that dedicated connection requiring specific equipment for the safe supply and metering of energy for self-use of the building assessed;deleted
2022/07/06
Committee: ITRE
Amendment 760 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 1 – point a
(a) as of 1 January 202730, new buildings occupied or owned by public authorities; and
2022/07/06
Committee: ITRE
Amendment 764 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 1 – point b
(b) as of 1 January 20340, all new buildings;
2022/07/06
Committee: ITRE
Amendment 806 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 4
4. Member States shallmay address, in relation to new buildings, the issues of healthy indoor climate conditions, adaptation to climate change, fire safety, risks related to intense seismic activity and accessibility for persons with disabilities. Member States shall also address carbon removals associated to carbon storage in or on buildings.
2022/07/06
Committee: ITRE
Amendment 814 #

2021/0426(COD)

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Those requirements shall be applied to the renovated building or building unit as a whole. Additionally or alternatively, requirements may be applied to the renovated building elements or to integrated districts and neighbourhoods.
2022/07/06
Committee: ITRE
Amendment 825 #

2021/0426(COD)

Proposal for a directive
Article 8 – paragraph 3
3. Member States shall encourage, in relation to buildings undergoing major renovation, high-efficiency alternative systems, in so far as that is technically, functionally and economically feasible. Member States shall address may encourage, in relation to buildings undergoing major renovation, the issues of healthy indoor climate conditions, adaptation to climate change, fire safety, risks related to intense seismic activity , the removal of hazardous substances including asbestos and accessibility for persons with disabilities .
2022/07/06
Committee: ITRE
Amendment 844 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a – point i
(i) after 1 January 202730, at least energy performance class F; and
2022/07/06
Committee: ITRE
Amendment 851 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a – point ii
(ii) after 1 January 20303, at least energy performance class E;
2022/07/06
Committee: ITRE
Amendment 868 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point b – point i
(i) after 1 January 202730, at least energy performance class F; and
2022/07/06
Committee: ITRE
Amendment 873 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point b – point ii
(ii) after 1 January 20303, at least energy performance class E;
2022/07/06
Committee: ITRE
Amendment 887 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c – point i
(i) after 1 January 20303, at least energy performance class F; and
2022/07/06
Committee: ITRE
Amendment 896 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c – point ii
(ii) after 1 January 20336, at least energy performance class E;
2022/07/06
Committee: ITRE
Amendment 919 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 a (new)
Member States may adjust the minimum energy performance standards or set alternative measures with at least the equivalent effect. Member States shall document the equivalence in their roadmap referred to in Article 3(1)(b).
2022/07/06
Committee: ITRE
Amendment 961 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 5 – point e a (new)
(e a) buildings for which it would not be technically, functionally and economically feasible;
2022/07/06
Committee: ITRE
Amendment 1054 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 1 – point c
(c) at least one bicycle parking space for every car parking space;deleted
2022/07/06
Committee: ITRE
Amendment 1074 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 2
2. With regard to all non-residential buildings with more than twenty parking spaces, Member States shall ensure the installation of at least one recharging point for every ten parking spaces, and at least one bicycle parking space for every car parking space, by 1 January 2027. In case of buildings owned or occupied by public authorities, Member States shall ensure pre-cabling for at least one in two parking spaces by 1 January 2033.
2022/07/06
Committee: ITRE
Amendment 1080 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 3
3. Member States may adjust requirements for the number of bicycle parking spaces in accordance with paragraphs 1 and 2 for specific categories of non-residential buildings where bicycles are typically less used as a means of transport.deleted
2022/07/06
Committee: ITRE
Amendment 1100 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 4 – point b
(b) at least two bicycle parking spaces for every dwelling.deleted
2022/07/06
Committee: ITRE
Amendment 1111 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 4 – subparagraph 2
Member States shall ensure that the pre- cabling is dimensioned to enable the simultaneous use of recharging points on all parking spaces. Where, in the case of major renovation, ensuring two bicycle parking spaces for every dwelling is not feasible, Member States shall ensure as many bicycle parking spaces as appropriate.
2022/07/06
Committee: ITRE
Amendment 1147 #

2021/0426(COD)

Proposal for a directive
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that the building owners, tenants and managers can have direct access to their building systems’ data. At their requestjustified request and upon agreement of the owners, the access or data shall be made available to a third party. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 6.
2022/07/06
Committee: ITRE
Amendment 1231 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 10
10. From 1 January 2027 at the latest, Member States shall not provide any financial incentives for the installation of boilers powered by fossil fuels, with the exception of those selected for investment, before 2027, in accordance with Article 7(1)(h)(i) third hyphen of Regulation (EU) 2021/1058 of the European Parliament and the Council45 on the European Regional Development Fund and on the Cohesion Fund and with Article 73 of Regulation (EU) 2021/2115 of the European Parliament and the Council46 on the CAP Strategic Plans and of those that are certified to run on renewable energy. _________________ 45 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 46 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).
2022/07/06
Committee: ITRE
Amendment 1257 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 13
13. When providing financial incentives to owners of buildings or building units for the renovation of rented buildings or building units, Member States shall ensure that the financial incentives benefit both the owners and the tenants, in particular by providing rent support or by imposing caps on rent increases.
2022/07/06
Committee: ITRE
Amendment 1272 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 2
2. By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A shall correspond to zero-emission buildings as defined in Article 2, point (2) and the letter G shall correspond to the 15% worst- performing buildings in the national building stock at the time of the introduction of the scale. Member States shall ensure that the remaining classes (B to F) have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory.
2022/07/06
Committee: ITRE
Amendment 1308 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 10
10. The validity of the energy performance certificate shall not exceed five years. However for buildings with an energy performance class A, B or C established pursuant to paragraph 2, the validity of the energy performance certificate shall not exceed 10 years.deleted
2022/07/06
Committee: ITRE
Amendment 1322 #

2021/0426(COD)

Proposal for a directive
Article 17 – paragraph 1 – point a
(a) buildings or building units which are constructed , have undergone a major renovation, are sold or rented out to a new tenant or for which a rental contract is renewed ; and
2022/07/06
Committee: ITRE
Amendment 1332 #

2021/0426(COD)

Proposal for a directive
Article 17 – paragraph 2
2. Member States shall require that, when buildings or building units are constructed, sold or rented out or when rental contracts are renewed , the energy performance certificate is shown to the prospective tenant or buyer and handed over to the buyer or tenant.
2022/07/06
Committee: ITRE
Amendment 1446 #

2021/0426(COD)

Proposal for a directive
Annex III – point I – paragraph 1
The total annual primary energy use of a new zero-emission building shall comply with the maximum thresholds indicated in the table below. Member States may adapt such values to local circumstances, where relevant.
2022/07/06
Committee: ITRE
Amendment 1451 #

2021/0426(COD)

Proposal for a directive
Annex III – point I – paragraph 3 – indent 1
— energy from renewable sources generated on-siteand / or waste energy generated on-site or nearby or supplied from the grid and fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED],
2022/07/06
Committee: ITRE
Amendment 1456 #

2021/0426(COD)

Proposal for a directive
Annex III – point I – paragraph 3 – indent 3
— renewable energy and waste heat and/or cogenerated heat from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) …/… [recast EED].
2022/07/06
Committee: ITRE
Amendment 1461 #

2021/0426(COD)

Proposal for a directive
Annex III – point I – paragraph 5
Only where, due to the nature of the building or lack of access to renewable energy communities or eligible district heating and cooling systems, it is technically not feasible to fulfil the requirements under the first paragraph, the total annual primary energy use may also be covered by energy from the grid complying with criteria established at national level.deleted
2022/07/06
Committee: ITRE
Amendment 291 #

2021/0425(COD)

Proposal for a directive
Article 1 – paragraph 1
1. This Directive establishes common rules for the transmission, distribution, supply and storage of gases within the meaning of Article 2, point (23) using the natural gas and hydrogen systems defined in point (34) and (5) of that Article . It lays down the rules relating to the organisation and functioning of thatese sectors, access to the market, the criteria and procedures applicable to the granting of authorisations for transmission, distribution, supply and storage of gases using the natural gas and hydrogen systems and the operation of systems.
2022/07/15
Committee: ITRE
Amendment 329 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
(4) ‘natural gas system’ means a system of infrastructures, including pipelines, LNG terminals and storage, blending, storage and treatment facilities, which transports gases, that primarily consist of methane and include biogas and gas from biomass, in particular biomethane, or other types of gas that can technically and safely be injected into, and transported through the natural gas pipeline system.
2022/07/15
Committee: ITRE
Amendment 372 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 48
(48) ‘security’ means both security of supply of natural gases and technical safety;
2022/07/15
Committee: ITRE
Amendment 386 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 70 – point c
(c) engages in production, distribution, supply, consumption, or storage of renewable or low-carbon gas in the natural gas or hydrogen system, or provides energy efficiency services or maintenance services to its members or shareholders;
2022/07/15
Committee: ITRE
Amendment 390 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 71
(71) ‘active customer’ means a final natural gas customercustomer of gases, or a group of jointly acting final natural gas customercustomers of gases, who consumes or stores renewable or low- carbon gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable or low-carbon gas using the natural gas or hydrogen system, or participates in energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;
2022/07/15
Committee: ITRE
Amendment 431 #

2021/0425(COD)

Proposal for a directive
Article 4 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gases to energy poor or vulnerable household customers. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5.
2022/07/15
Committee: ITRE
Amendment 470 #

2021/0425(COD)

Proposal for a directive
Article 7 – paragraph 1
1. In circumstances where an authorisation (for example, a licence, permission, concession, consent or approval) is required for the construction or operation of natural gas facilities , hydrogenrenewable and low-carbon gas production facilities and hydrogen system infrastructure for gases , the Member States or any competent authority they designate shall grant authorisations to build and/or operate such facilities, infrastructure, pipelines and associated equipment on their territory, in accordance with paragraphs 2 to 11. Member States or any competent authority they designate may also grant authorisations on the same basis for the supply of gases and for wholesale customers.
2022/07/15
Committee: ITRE
Amendment 475 #

2021/0425(COD)

Proposal for a directive
Article 7 – paragraph 2
2. Where Member States have a system of authorisation, they shall lay down objective and non-discriminatory criteria which shall be met by an undertaking applying for an authorisation to supply gases or to construct and/or operate natural gas facilities , hydrogen, renewable and low-carbon gas production facilities or hydrogen system infrastructure for gases . The non- discriminatory criteria and procedures for the granting of authorisations shall be made public. Member States shall ensure that authorisation procedures for such facilities, infrastructure, pipelines and associated equipment take into account the importance of the project for the internal market for gases where appropriate.
2022/07/15
Committee: ITRE
Amendment 499 #

2021/0425(COD)

2 a. For renewable and low carbon gases, in the application of the mass balancing provisions referred in paragraph 2 of this article, there should be no physical tracking of the molecules inside single mass balance systems. The EU interconnected gas infrastructure shall be considered as a single mass balance system.
2022/07/15
Committee: ITRE
Amendment 517 #

2021/0425(COD)

Proposal for a directive
Article 8 – paragraph 5
5. By 31 December 2024... [6 months of the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 83 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for carbon dioxide the capture of which has already received an emission credit under other provisions of lawgreenhouse gas emission savings from the use of low carbon fuels shall be at least 70% compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001.
2022/07/15
Committee: ITRE
Amendment 537 #

2021/0425(COD)

Proposal for a directive
Article 10 – paragraph 10
10. Suppliers shall provide natural gases household customers with adequate information on alternative measures to disconnection sufficiently in advance of any planned disconnection. Such alternative measures may incluse information about sources of support to avoid disconnection, prepayment systems, energy audits, energy consultancy services, alternative payment plans, debt management advice or disconnection moratoria and shall not entail an extra cost to the customers facing disconnection.
2022/07/15
Committee: ITRE
Amendment 543 #

2021/0425(COD)

Proposal for a directive
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that at least natural gases household customers, and microenterprises, have access, free of charge, to at least one tool comparing the offers of suppliers, including bundled offers. Customers shall be informed of the availability of such tools in or together with their bills or by other means. The tools shall meet at least the following requirements:
2022/07/15
Committee: ITRE
Amendment 550 #

2021/0425(COD)

(b) entitled to sell self-produced renewable natural gases using the natural gas and hydrogen system,
2022/07/15
Committee: ITRE
Amendment 556 #

2021/0425(COD)

Proposal for a directive
Article 13 – paragraph 2 – point f
(f) are financially responsible for the imbalances they cause in the natural gas or the hydrogen system or shall delegate their balancing responsibility in accordance with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx].
2022/07/15
Committee: ITRE
Amendment 558 #

2021/0425(COD)

Proposal for a directive
Article 13 – paragraph 4 – introductory part
4. Member States shall ensure that active customers that own facilities that produce or store renewable gas:
2022/07/15
Committee: ITRE
Amendment 577 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 1 – point d
(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable natural gases within citizen energy communities;
2022/07/15
Committee: ITRE
Amendment 579 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 1 – point e
(e) citizen energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to grid connection, registration and licensing, and to transparent, non-discriminatory and cost-reflective network charges, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas and hydrogen system.
2022/07/15
Committee: ITRE
Amendment 593 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 3 – point a
(a) are able to access all natural gas and hydrogen markets in a non- discriminatory manner;
2022/07/15
Committee: ITRE
Amendment 597 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 3 – point c
(c) are financially responsible for the imbalances they cause in the natural gas and hydrogen system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx];
2022/07/15
Committee: ITRE
Amendment 600 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 3 – point e
(e) are entitled to arrange within the citizen energy community the sharing of renewable gaor low-carbon gases that are produced by the production units owned by the community, subject to other requirements laid down in this Article and subject to the community members retaining their rights and obligations as final customers.
2022/07/15
Committee: ITRE
Amendment 629 #

2021/0425(COD)

Proposal for a directive
Article 22 – paragraph 1
1. In order to promote competition in the natural gas and hydrogen retail market and to avoid excessive administrative costs for the eligible parties, Member States shall facilitate the full interoperability of energy services within the Union.
2022/07/15
Committee: ITRE
Amendment 657 #

2021/0425(COD)

Proposal for a directive
Article 30 – title
30 Direct lines for natural gases
2022/07/15
Committee: ITRE
Amendment 658 #

2021/0425(COD)

Proposal for a directive
Article 30 – paragraph 1 – point b
(b) any such customer within their territory to be supplied through a direct line by natural gas undertakings.
2022/07/15
Committee: ITRE
Amendment 883 #

2021/0425(COD)

Proposal for a directive
Article 52 – paragraph 6
6. Member States may decide to apply the requirements pursuant to Article 51 to hydrogen network operators. As from 1 January 2031 an integrated network development plan for gas and hydrogen pursuant to the process set out in Article 51 shall be mandatory for hydrogen network operators.
2022/07/15
Committee: ITRE
Amendment 922 #

2021/0425(COD)

Proposal for a directive
Article 62 – paragraph 3
3. Where on [entry into force] the hydrogen network belonged to a vertically integrated undertaking, aA Member State may decide not to apply paragraph 1. In such case, the Member State concerned shall designate an independent hydrogen network operator unbundled in accordance with the rules on independent system operators for natural gas set out Article 55. Hydrogen network operators and transmission system operators for gas unbundled in accordance with Article 54(1) can act as independent hydrogen network operator, subject to the requirements pursuant to Article 63.
2022/07/15
Committee: ITRE
Amendment 927 #

2021/0425(COD)

Proposal for a directive
Article 62 – paragraph 4
4. Until 31 December 2030, Member State may designate an integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX. Such designation shall expire by 31 December 2030 at the latest.
2022/07/15
Committee: ITRE
Amendment 938 #

2021/0425(COD)

Proposal for a directive
Article 63
Horizontal unbundling of hydrogen Where a hydrogen network operator is part of an undertaking active in transmission or distribution of natural gas or electricity, it shall be independent at least in terms of its legal form.Article 63 deleted network operators
2022/07/15
Committee: ITRE
Amendment 523 #

2021/0423(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
By … [3 months from the date of entry into force of this Regulation], operators shall submit a leak detection and repair programme to the competent authorities which shall detail the contents of the surveys to be carried out in accordance with the requirements in this Article. For the underground gas distribution line, the operator can upon agreement with the competent authorities, provided that the methane emissions leak is negligible and accessibility do not allow to follow the provisions of this Article, agree on a different frequency of the leak detection and repair programme.
2022/10/24
Committee: ENVIITRE
Amendment 525 #

2021/0423(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (new)
In the leak detection and repair programme, the operators provide a schedule for the survey for each component and grid segment according to a risk-based approach.Thus, the required frequency of the survey can vary for each component and grid segment depending on the potential hazard and emission rate of a leak.The priority of the components and grid segments are classified by the competent authorities on a national level considering the following criteria: - number of registered leaks in the past; - corrosion protection (material of the component); - operating pressure; - location of the component; The frequency of the survey can vary for different components and grid segments according to their priority between three months and several years.
2022/10/24
Committee: ENVIITRE
Amendment 554 #

2021/0423(COD)

Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Thereafter, leak detection and repair surveys shall be repeated every three months. shall be continued according to the schedule in the leak detection and repair programme referred to in paragraph 1.
2022/10/24
Committee: ENVIITRE
Amendment 597 #

2021/0423(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
The repair or replacement of the components referred to in the first subparagraph shall take placebe prioritised according to the potential hazard and emission rate of the leak. High priority and hazardous methane leaks shall be repaired immediately after detection, or as soon as possible thereafter but no later than five days after detection, provided operators can demonstrate that safety or technical considerations do not allow immediate action and provided operators establish a repair and monitoring schedule.
2022/10/24
Committee: ENVIITRE
Amendment 611 #

2021/0423(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 3
Safety, administrative and technical considerations that do not allow immediate action, as referred to in the second subparagraph, shall be limited to taking into account safety to personnel and humanhumans and objects in proximity, environmental impacts, concentration of methane loss, accessibility to component, availability of replacparts necessary for the repair, impact on the gas supply, permitting requirements of the componentr required administrative authorization. Environmental impact considerations may include instances whereby repair could lead to a higher level of methane emissions than in the absence of the repair.
2022/10/24
Committee: ENVIITRE
Amendment 615 #

2021/0423(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 3
Safety and technical considerations that do not allow immediate action, as referred to in the second subparagraph, shall be limited to taking into account safety to personnel and humans in proximity, environmental impacts, concentration of methane loss, accessibility to component, availability of replacement of the component. Environmental impact considerations may include instances whereby repair could lead to a higher level of methanegreenhouse gas emissions than in the absence of the repair.
2022/10/24
Committee: ENVIITRE
Amendment 631 #

2021/0423(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 4 a (new)
The operator can justify to competent authorities not to repair a leak if the associated abatement costs are disproportionate. Proportionality criteria will be established by the relevant European competent authorities.
2022/10/24
Committee: ENVIITRE
Amendment 684 #

2021/0423(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) in case of an emergency or malfunction; and or where safety of the personnel or the system or security of supply would be endangered without the venting;
2022/10/24
Committee: ENVIITRE
Amendment 689 #

2021/0423(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) where unavoidable and strictly necessary for the operation, construction, repair, maintenance, decommissioning or testing of components or equipment and subject to the reporting obligations set out in Article 16.
2022/10/24
Committee: ENVIITRE
Amendment 692 #

2021/0423(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b a (new)
(b a) in case it can be demonstrated to the national competent authority that the negative environmental or climate impact of mitigation measures is higher than the benefit.
2022/10/24
Committee: ENVIITRE
Amendment 724 #

2021/0423(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point e
(e) during repair and, maintenance, test procedures and decommissioning including blowing down and depressurizing equipment to perform repair and maintenance;
2022/10/24
Committee: ENVIITRE
Amendment 843 #

2021/0423(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. By … [18 months of the date of entry into force of this Regulation], equipment for measurement of methane emissions shall be installed on all inactive wells, except those that have been permanently plugged in accordance with regulatory requirements of the relevant competent authorities.
2022/10/24
Committee: ENVIITRE
Amendment 102 #

2021/0385(COD)

Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 600/2014 as regards enhancing market data transparency, removing obstacles to the emergence of a consolidated tape, and optimising the trading obligations and prohibiting receiving payments for forwarding client orders (Text with EEA relevance)
2022/10/20
Committee: ECON
Amendment 110 #

2021/0385(COD)

Proposal for a regulation
Recital 6
(6) Article 4 of Regulation (EU) No 600/2014 allows competent authorities to waive the pre-trade transparency requirements for market operators and investment firms operating a trading venue who determine their prices by reference to the midpoint price of the primary market or the most relevant market in terms of liquidity. As there is no justification for excluding the smallest orders from a transparent order book and in order to increase pre-trade transparency and thereby reinforce the price formation process, that waiver should be applicable to orders with a size greater than or equal toof a minimum at twice the standard market size. Further clarifications should be provided by ESMA. Where the consolidated tape for shares and exchange- traded funds (ETFs) will provide bid and offer prices from which a midpoint can be derived, the reference price waiver should also be available for systems deriving the midpoint price from the consolidated tape.
2022/10/20
Committee: ECON
Amendment 115 #

2021/0385(COD)

Proposal for a regulation
Recital 7
(7) Dark trading is trading without pre- trade transparency, using the reference price waiver laid down in Article 4(1), point (a) of Regulation (EU) No 600/2014 and the negotiated trade waiver laid down in Article 4(a) point (a), point (i) of that Regulation. The use of both waivers is capped by the double volume cap (‘DVC’). The DVC is a mechanism that limits the level of dark trading to a certain proportion of total trading in an equity instrument. The amount of dark trading in an equity instrument on an individual venue may not exceed 4% of total trading in that instrument in the Union. When this threshold is breached, dark trading in that instrument on that venue is suspended. Secondly the amount of dark trading in an equity instrument in the Union may not exceed 8% of total trading in that instrument in the Union. When this threshold is breached all dark trading in that instrument is suspended. The venue specific threshold leaves room for continued use of those waivers on other platforms on which trading in that equity instrument is not yet suspended, until the Union wide threshold is breached. This causes complexity in terms of monitoring the levels of dark trading and of enforcing the suspension. To simplify the double volume cap while keeping its effectiveness, the new single volume cap should rely solely on the EU-wide threshold. That threshold should be lowered to 7 % to compensate for a potential increase of trading under those waivers as a consequence of abolishing the venue specific threshold. ESMA should be empowered to determine the DVC based on market conditions, the price formation process and liquidity available in the market.
2022/10/20
Committee: ECON
Amendment 119 #

2021/0385(COD)

Proposal for a regulation
Recital 9
(9) To ensure an adequate level of transparency, the price and the volume of a non-equity transaction should be published as close to real time as possible and only be delayed until maximally the end -of the- second-day trading day. However, in order not to expose liquidity providers in non-equity instruments to undue risk, it should be possible to mask volumes of transactions for a short period of time, which should not be longer than twofour weeks. The exact calibration of the various buckets corresponding to different time deferrals should be left to ESMA due to the technical expertise required to specify the calibration as well as due to the need to allow for the flexibility to amend the calibration. Those deferrals should be based on the liquidity of the non-equity instrument, the size of the transaction and, for bonds, the credit rating and it should no longer include the size specific to the instrument concerned.
2022/10/20
Committee: ECON
Amendment 127 #

2021/0385(COD)

Proposal for a regulation
Recital 11
(11) In order to reinforce the price formation process and to maintain a level playing field between trading venues and systematic internalisers, Article 14 of Regulation (EU) No 600/2014 requires systematic internalisers to make public all quotes in equity instruments placed by that systematic internaliser below the standard market size. Systematic internalisers are free to decide which sizes they quote, as long as they quote at a minimum size of 10% of the standard market size. That possibility, however, has led to very low levels of pre-trade transparency provided by systematic internalisers in equity instruments, and has hampered the achievement of a level playing field. It is therefore necessary to require systematic internalisers to publish firm quotes relating to a minimum of twice the standard market size. ESMA should be empowered to determine the threshold in accordance with Article 4(6) point f.
2022/10/20
Committee: ECON
Amendment 132 #

2021/0385(COD)

Proposal for a regulation
Recital 12
(12) In order to create a level playing field, in addition to the obligation to publish firm quotes relating to a minimum of twice the standard market size, systematic internalisers should also no longernot be allowed to match at midpoint below twice the standard market size. It should furthermore be clarified that systematic internalisers should be allowed to match at midpoint in so far as they comply with the tick-size rules in accordance with Article 49 of Directive 2014/65/EU when they trade above twice the standard market size but below the large in-scale threshold. When systematic internalisers trade above a large in-scale threshold, they should continue to be allowed to match at midpoint without complying with the tick- size regime. In order to clarify, ESMA should be empowered to determine the size appropriate for the market conditions.
2022/10/20
Committee: ECON
Amendment 135 #

2021/0385(COD)

Proposal for a regulation
Recital 13
(13) Market participants need core market data to be able to make informed investment decisions. Pursuant to the current Article 27h of Regulation (EU) 600/2014, sourcing core market data about certain financial instruments directly from trading venues and APAs requires that consolidated tape providers enter into separate licensing agreements with all those data contributors. That process is burdensome, costly and time consuming. It has been one of the obstacles to consolidated tape providers emerging on a cross market basis. This obstacle should be removed in order to enable consolidated tape providers to obtain the market data and to overcome licencing issues. Trading venues and APAs, or investment firms and systematic internalisers without intervention of APAs (‘market data contributors’) should be required to submit their market data to consolidated tape providers, and to use harmonised templates respecting high–quality data standards to do so. Only CTPs selected and authorised by ESMA should be able to collect harmonised market data from the individual data sources in accordance with the mandatory contribution rule. To make the market data useful for investors, market data contributors should be required to provide the CTP with market data as close as technically possible to real time.no later than one minute after the transaction
2022/10/20
Committee: ECON
Amendment 138 #

2021/0385(COD)

Proposal for a regulation
Recital 14
(14) Title II and III of Regulation (EU) 600/2014 require trading venues, APAs, investment firms and systematic internalisers (‘market data contributors’) to publish pre-trade data on financial instruments, including bid and offer prices and post-trade data on transactions, including the price and volume at which a transaction in a specific instrument has been concluded. Market participants are not obliged to use the consolidated core market data provided by the CTP. The requirement to publish those pre-trade and post-trade data should therefore remain applicable to enable market participants to access market data. However, to avoid undue burden on market data contributors, it is appropriate to align the requirement for market data contributors to publish data as much as possible with the requirement to contribute data to the CTP, which will require only post-trade data.
2022/10/20
Committee: ECON
Amendment 145 #

2021/0385(COD)

Proposal for a regulation
Recital 20
(20) Competition among consolidated tape providers ensures that the consolidated tape is provided in the most efficient way and under the best conditions for users. However, no entity has, up until now, applied to act as a consolidated tape provider. It is therefore considered appropriate to empower ESMA to periodically organise a competitive selection procedure to select a single entity which is able to provide the consolidated tape for each specified asset class. Taking into account the novelty of the proposed scheme, ESMA should only mandate the provision of post-trade transparency data for the first selection procedure that it runs in relation to shares. At least 18 months before the launch of the second selection procedure, ESMA should submit a report to the Commission assessing whether there is market demand for extending the data contributed to the tape to pre-trade data. On the basis of such a report, the Commission should be empowered, by way of a delegated act, to further specify the depth of pre-trade data to the tapebonds, taking into account the set- up costs. ESMA should prioritise the selection and authorisation of a consolidated tape provider for bonds.
2022/10/20
Committee: ECON
Amendment 156 #

2021/0385(COD)

Proposal for a regulation
Recital 21
(21) According to data presented in the impact assessment accompanying the proposal for this Regulation, the expected revenue generation for the consolidated tape will vary depending on the precise features of the tape. The expected revenue of the CTP should significantly exceed the cost of its production, and therefore help to build a solid revenue participation scheme whereby the CTP and the market data contributors share aligned commercial interests. This principle should not prevent CTPs from making a necessary margin to maintain a viable business model and from using the core market data to offer further analytics or other services aimed to increase the revenue pool.
2022/10/20
Committee: ECON
Amendment 161 #

2021/0385(COD)

Proposal for a regulation
Recital 22
(22) There is an objective difference between a venue of primary admission and other trading venues that serve as secondary trading markets. A venue of primary admission admits companies to the public markets, playing a crucial role in the life of a share and for the share’s liquidity. This is particularly true in the case of shares listed on smaller regulated markets which remain typically traded mostly on the venue of primary admission. When the pre-trade transparent trading of a certain share takes place exclusively or predominantly on the venue of primary admission, such smaller venue plays a more important role in the price formation for that share. The core market data a smaller regulated market contributes to the consolidated tape therefore plays a more determining role in the price formation for the shares this venue admits to trading. A preferential treatment in the revenue participation scheme is therefore considered appropriate to allow these smOn that note, the CT can offer more visibility to the smaller exchanges. Therefore, it is important for aller exchanges to maintain their local admissions and safeguard a rich and vibrant ecosystemcontribute to the tape, which is, moreover, fully in line with the objectivesidea of the Capitinternal Mmarkets Union.
2022/10/20
Committee: ECON
Amendment 163 #

2021/0385(COD)

Proposal for a regulation
Recital 23
(23) Small regulated markets are regulated markets which admit shares of issuers for which trading in the secondary market tends to be less liquid than the trading of shares admitted to trading on larger regulated markets. In order to avoid that lower trading volumes (or nominal values) penalise smaller exchanges in the revenue participation scheme designed for the consolidated tape for shares, data from trades in these less liquid shares should attract a higher remuneration than their notional trading value would indicate. Whether a shareThe desired outcome would be to provide end investors with a truly consolidated overview of the trading opportunities available in the Union and to increase the overall domestic and international attractiveness of the Union capital markets, isn less liquid should be determinedine with the objectives onf the basis of the proportion of pre-trade transparent liquidity displayed by the regulated market that admits the less liquid share, Capital Markets Union, and to include small regulated markets in the picture crelative to the average daily trading turnover in that shared by the consolidated tape.
2022/10/20
Committee: ECON
Amendment 168 #

2021/0385(COD)

Proposal for a regulation
Recital 24
(24) Given the novelty of the consolidated tape in the context of the EU financial markets, ESMA should be entrusted with providing the European Commission with an assessment of the revenue participation scheme designed for regulated markets in the context of the consolidated tape for shares. This report should be prepared on the basis of at least 12 months of operation of the CTP and subsequently at the request of the Commission, where deemed necessary or appropriate. The assessment should focus in particular on whether the participation of small regulated markets in the revenue of the CTP is fair and effective in safeguarding the role that these markets play in their local financial ecosystem. The Commission should be empowered to revise the mechanism of allocation by way of a delegated act, where necessary or appropriate.
2022/10/20
Committee: ECON
Amendment 172 #

2021/0385(COD)

Proposal for a regulation
Recital 32
(32) Financial intermediaries should strive to achieve the best possible price and the highest possible likelihood of execution for trades that they execute on behalf of their clients. To that end,ensure that the best execution requirement described in Article 27 of Directive 2014/65/EU can be met financial intermediaries should select the trading venue or counterparty for executing their client trades solely on the basis of achieving best execution for their clients. It should be incompatible with that principle of best execution that a financial intermediary receives a payment from a trading counterpart in exchange for ensuring the execution of client trades. Investment firms should be therefore be prohibited from receiving such payment.
2022/10/20
Committee: ECON
Amendment 181 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point c
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 35
(35) ‘consolidated tape provider’ or ‘CTP’ means a person authorised in accordance with Title IVa, Chapter 1 of this Regulation to provide the service of collecting market data for shares, ETFs, bonds or derivatives, from market data contributors, and of consolidating those data into a continuous electronic live data stream providing core market data per share, ETF, bond or derivatives and of providing them to user of market data;;
2022/10/20
Committee: ECON
Amendment 183 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point a
(a) all of the following data on equities:deleted
2022/10/20
Committee: ECON
Amendment 184 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
(i) the best bids and offers with corresponding volumes;deleted
2022/10/20
Committee: ECON
Amendment 192 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point a - point (ii)
(ii) the transaction price and volume executed at the stated price;deleted
2022/10/20
Committee: ECON
Amendment 196 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point a - point (iii)
(iii) the intra-day auction information;deleted
2022/10/20
Committee: ECON
Amendment 199 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
(iv) the end-of-day auction information;deleted
2022/10/20
Committee: ECON
Amendment 202 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point a - point (v)
(v) the market identifier code identifying the execution venue;deleted
2022/10/20
Committee: ECON
Amendment 204 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point a - point (vi)
(vi) the standardised instrument identifier that applies across venues;deleted
2022/10/20
Committee: ECON
Amendment 206 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point a - point (vii)
(vii) the timestamp information on all of the following:deleted
2022/10/20
Committee: ECON
Amendment 208 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
— the time of execution of the trade;deleted
2022/10/20
Committee: ECON
Amendment 211 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point a - point (vii) – indent 2
— the time of publication of the trade;deleted
2022/10/20
Committee: ECON
Amendment 214 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point a - point (vii) – indent 3
— the receipt of market data from the market data contributors;deleted
2022/10/20
Committee: ECON
Amendment 217 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point a - point (vii) – indent 4
— the receipt of market data by the consolidated tape provider;deleted
2022/10/20
Committee: ECON
Amendment 219 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point a - point (vii) – indent 5
— the dissemination of consolidated market data to subscribers;deleted
2022/10/20
Committee: ECON
Amendment 222 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point a– point viii
(viii) the trading protocols and the applicable waivers or deferrals;deleted
2022/10/20
Committee: ECON
Amendment 226 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36 b – point b – introductory part
(b) all of the following data on nbon- equitieds:
2022/10/20
Committee: ECON
Amendment 231 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 3 – point a
Regulation (EU) No 600/2014
Article 4 – paragraph 1– point a
(a) paragraph 1 is amended as follows: (i) point (a) is replaced by the following: ‘ (a) larger than twice the standard market size and that are based on a trading methodology by which the price of the financial instruments referred to in Article 3(1) is derived from either of the following: (i) instruments at the trading venues where those financial instruments were first admitted to trading; (ii) the price of those financial instruments at the most relevant market in terms of liquidity where that price is widely published and is regarded by market participants as a reliable reference price; (iii) the consolidated tape for shares or ETFs.; ’ (ii) added: ‘ For the purposes of point (a), the continued use of that waiver shall be subject to the conditions set out in Article 5.; ’deleted systems matching orders that are the price of those financial the following subparagraph is
2022/10/20
Committee: ECON
Amendment 232 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 3 – point b
Regulation (EU) No 600/2014
Article 4 – paragraph 2 – subparagraph 1 – point a – point iii
(iii) the consolidated tape for shares or ETFs;deleted
2022/10/20
Committee: ECON
Amendment 234 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
Regulation (EU) No 600/2014
Article 4 – paragraph 6 – subparagraph 1 – point f (new)
(b a) in paragraph 6, the following point is added: "(b a) the minimum size of an order that may be matched using the trading methodology referred to in paragraph 1(a), which shall not be lower than twice the standard market size."
2022/10/20
Committee: ECON
Amendment 239 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 4 – point b
Regulation (EU) No 600/2014
Article 5 – paragraph 1
1. Trading venues shall suspend their use of the waivers referred to in Article 4(1), point (a), and 4(1), point (b)(i) where the percentage of volume traded in the Union in a financial instrument carried out under those waivers exceeds 7% of the total volume traded in that financial instrument in the Union as determined by ESMA according to Article 5 (9) of this regulation. Trading venues shall base their decision to suspend the use of those waivers on the data published by ESMA in accordance with paragraph 4, and shall take such decision within two working days after this publication of those data and for a period of six months.;
2022/10/20
Committee: ECON
Amendment 256 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 6
Regulation (EU) No 600/2014
Article 11
(6) Article 11 is amended as follows: (a) paragraph 1 is amended as follows: (i) by the following: ‘ Based on the deferral regime as set out in paragraph 4, competent authorities shall authorise market operators and investment firms operating a trading venue to defer the publication of the price of transactions until the end of the trading day, or the volume of transactions for a maximum of two weeks.; ’ (ii) (c) is deleted; (b) paragraph 3 is replaced by the following: ‘ 3. Competent authorities may, when authorising a deferred publication as referred to in paragraph 1 with regard to transactions in sovereign debt, allow market operators and investment firms operating a trading venue: (a) to allow the omission of the publication of the volume of an individual transaction during an extended time period of deferral; or (b) to publish in an aggregated form several transactions in sovereign debt for an indefinite period of time. ’ (c) paragraph 4 is amended as follows: (i) as follows: point (c) is replaced by the following: ‘ (c) the transactions eligible for price or volume deferral, and the transactions for which competent authorities shall authorise market operators and investment firms operating a trading venue to provide for deferred publication of the volume or price for one of the following durations: (i) (ii) (iii) ’ (ii) inserted after the first subparagraph: ‘ For the purposes of the first subparagraph, point (c), ESMA shall specify the buckets for which the deferral period shall apply across the Union by using the following criteria: (a) (b) particular transactions in illiquid markets or transactions that are large in scale; (c) bond as investment grade or high yield.; ’deleted the first subparagraph is replaced in the second subparagraph, point the first subparagraph is amended 15 minutes; end of trading day; two weeks.; the following subparagraph is the liquidity determination; the size of the transaction, in for bonds, the classification of the
2022/10/20
Committee: ECON
Amendment 267 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 6 a (new)
Regulation (EU) No 600/2014
Article 11
Article 11 Authorisation of deferred publication Competent authorities shall be able to authorise market operators and investment firms operating a trading venue to provide for deferred publication of the details of transactions based on the size or type of the transaction. In particular, the competent authorities may authorise the deferred publication in respect of transactions that: (a) are large in scale compared with the normal market size for that bond, structured finance product, emission allowance or derivative traded on a trading venue, or for that class of bond, structured finance product, emission allowance or derivative traded on a trading venue; or (b) are related to a bond, structured finance product, emission allowance or derivative traded on a trading venue, or a class of bond, structured finance product, emission allowance or derivative traded on a trading venue for which there is not a liquid market; (c) are above a size specific to that bond, structured finance product, emission allowance or derivative traded on a trading venue, or that class of bond, structured finance product, emission allowance or derivative traded on a trading venue, which would expose liquidity providers to undue risk and takes into account whether the relevant market participants are retail or wholesale investors. Market operators and investment firms operating a trading venue shall obtain the competent authority’s prior approval of proposed arrangements for deferred trade- publication, and shall clearly disclose those arrangements to market participants and the public. ESMA shall monitor the application of those arrangements for deferred trade-publication and shall submit an annual report to the Commission on how they are used in practice. 2. The competent authority responsible for supervising one or more trading venues on which a class of bond, structured finance product, emission allowance or derivative is traded may, where the liquidity of that class of financial instrument falls below the threshold determined in accordance with the methodology as referred to in Article 9(5)(a), temporarily suspend the obligations referred to in Article 10. That threshold shall be defined based on objective criteria specific to the market for the financial instrument concerned. Such temporary suspension shall be published on the website of the relevant competent authority. The temporary suspension shall be valid for an initial period not exceeding three months from the date of its publication on the website of the relevant competent authority. Such a suspension may be renewed for further periods not exceeding three months at a time if the grounds for the temporary suspension continue to be applicable. Where the temporary suspension is not renewed after that three- month period, it shall automatically lapse. Before suspending or renewing the temporary suspension of the obligations referred to in Article 10, the relevant competent authority shall notify ESMA of its intention and provide an explanation. ESMA shall issue an opinion to the competent authority as soon as practicable on whether in its view the suspension or the renewal of the temporary suspension is justified in accordance with the first and second subparagraphs. 3. Competent authorities may, in conjunction with an authorisation of deferred publication: (a) request the publication of limited details of a transaction or details of several transactions in an aggregated form, or a combination thereof, during the time period of deferral; (b) allow the omission of the publication of the volume of an individual transaction during an extended time period of deferral; (c) regarding non-equity instruments that are not sovereign debt, allow the publication of several transactions in an aggregated form during an extended time period of deferral; (d) regarding sovereign debt instruments, allow the publication of several transactions in an aggregated form for an indefinite period of time. In relation to sovereign debt instruments, points (b) and (d) may be used either separately or consecutively whereby once the volume omission extended period lapses, the volumes could then be published in aggregated form. In relation to all other financial instruments, when the deferral time period lapses, the outstanding details of the transaction and all the details of the transactions on an individual basis shall be published. 4. ESMA shall develop draft regulatory technical standards to specify the following in such a way as to enable the publication of information required under Article 64 of Directive 2014/65/EU: (a) the details of transactions that investment firms, including systematic internalisers, and market operators and investment firms operating a trading venue shall make available to the public for each class of financial instrument concerned in accordance with Article 10(1), including identifiers for the different types of transactions published under Article 10(1) and Article 21(1), distinguishing between those determined by factors linked primarily to the valuation of the financial instruments and those determined by other factors; (b) the time limit that would be deemed in compliance with the obligation to publish as close to real time as possible including when trades are executed outside ordinary trading hours; (c) the conditions for authorising investment firms, including systematic internalisers, and market operators and investment firms operating a trading venue, to provide for deferred publication of the details of transactions for each class of financial instrument concerned in accordance with paragraph 1 of this Article and with Article 21(4); (d) the criteria to be applied when determining the size or type of a transaction for which deferred publication and publication of limited details of a transaction, or publication of details of several transactions in an aggregated form, or omission of the publication of the volume of a transaction with particular reference to allowing an extended length of time of deferral for certain financial instruments depending on their liquidity, is allowed under paragraph 3. ESMA shall submit those draft regulatory technical standards to the Commission by 3 July 2015. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014R0600-20220101)(6 a) Article 11 is replaced by the following: "Article 11 Authorisation of deferred publication 1. Market operators and investment firms operating a trading venue may defer the publication of the details of transactions, including the price and the volume, for a maximum duration not exceeding four weeks. Market operators and investment firms operating a trading venue shall clearly disclose proposed arrangements for deferred trade-publication to market participants and the public. ESMA should monitor the application of those arrangements for deferred trade-publication and shall submit an annual report to the Commission on how they are used in practice. The arrangements for deferred trade publication shall be organised using the following five categories of transactions related to a bond, structured finance product, emission allowance or derivative traded on a trading venue, or a class of bond, structured finance product, emission allowance or derivative traded on a trading venue: (a) category 1: transactions of a medium size in a financial instrument for which there is a liquid market; (b) category 2: transactions of a medium size in a financial instrument for which there is not a liquid market; (c) category 3: transactions of a large size in a financial instrument for which there is a liquid market; (d) category 4: transactions of a large size in a financial instrument for which there is not a liquid market; (e) category 5: transactions of a very large size, irrespective of the liquidity status of the financial instrument. 2. The competent authority responsible for supervising one or more trading venues on which a class of bond, structured finance product, emission allowance or derivative is traded may, where the liquidity of that class of financial instrument falls below the threshold determined in accordance with the methodology as referred to in Article 9(5)(a), temporarily suspend the obligations referred to in Article 10. That threshold shall be defined based on objective criteria specific to the market for the financial instrument concerned. Such temporary suspension shall be published on the website of the relevant competent authority. The temporary suspension shall be valid for an initial period not exceeding three months from the date of its publication on the website of the relevant competent authority. Such a suspension may be renewed for further periods not exceeding three months at a time if the grounds for the temporary suspension continue to be applicable. Where the temporary suspension is not renewed after that three- month period, it shall automatically lapse. Before suspending or renewing the temporary suspension of the obligations referred to in Article 10, the relevant competent authority shall notify ESMA of its intention and provide an explanation. ESMA should issue an opinion to the competent authority as soon as practicable on whether in its view the suspension or the renewal of the temporary suspension is justified in accordance with the first and second subparagraphs. 3. With respect to sovereign debt instruments, competent authorities of a sovereign debt instrument may allow, with regard to transactions in that sovereign debt instrument in the Union: (a) the omission of the publication of the volume of an individual transaction during an extended time period of deferral; (b) the publication of the details of several transactions in an aggregated form for an indefinite period of time. 4. ESMA should develop draft regulatory technical standards to specify the following in such a way as to enable the publication of information required under this Article as well as under Article27g: (a) the details of transactions that investment firms, including systematic internalisers, and market operators and investment firms operating a trading venue shall make available to the public for each class of financial instrument concerned in accordance with Article 10(1), including identifiers for the different types of transactions published under Article 10(1) and Article 21(1), distinguishing between those determined by factors linked primarily to the valuation of the financial instruments and those determined by other factors; (b) the time limit that would be deemed in compliance with the obligation to publish as close to real time as possible including when trades are executed outside ordinary trading hours; (c) for the purposes of determining the categories referred to in the third subparagraph of paragraph 1, what constitutes a transaction of a medium and large size in the financial instrument referred to in paragraph 1of this Article and Article 21(1); (ca) for the purposes of determining the categories referred to in the third subparagraph of paragraph 1, the issuance sizes that qualify a financial instrument as belonging to a liquid or an illiquid market; (cb) the price and volume deferrals applicable to each of the five categories set out in the third subparagraph of paragraph 1 of this Article for transactions in instruments referred to in paragraph 1 of this Article and Article21(1). For establishing the price and volume deferrals in paragraph 4(cb), ESMA shall apply the following maximum durations: (i) for transactions in category 1: a price deferral and a volume deferral not exceeding 15 minutes; (ii) for transactions in category 2: a price deferral and a volume deferral not exceeding the end of the trading day; (iii) for transactions in the category 3: a price deferral and a volume deferral not exceeding one week. (iv) for transactions in category 4: a price deferral and a volume deferral not exceeding two weeks following the transaction date; (v) for transactions in category 5: a price deferral and a volume deferral not exceeding four weeks following the transaction date. (d) the criteria to be applied when determining the size or type of a transaction for which deferred publication and publication of limited details of a transaction, or publication of details of several transactions in an aggregated form, or omission of the publication of the volume of a transaction with particular reference to allowing an extended length of time of deferral for certain financial instruments depending on their liquidity, is allowed under paragraph 3. ESMA should submit those draft regulatory technical standards to the Commission by... [six months after the date of entry into force of this amending Regulation]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation(EU) No 1095/2010.’; Or. en
2022/10/20
Committee: ECON
Amendment 283 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 8 – point a
Regulation (EU) No 600/2014
Article 14 – paragraph 2
2. This Article and Articles 15, 16 and 17 shall apply to systematic internalisers when they deal in sizes up to twiche the standard market sizereshold determined by ESMA in accordance with Article 4(6)(f). Systematic internalisers shall not be subject to this Article and Articles 15, 16 and 17 when they deal in sizes above twice the standard market sizehat threshold.
2022/10/20
Committee: ECON
Amendment 287 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 8 – point a
Regulation (EU) No 600/2014
Article 14 – paragraph 3
3. Systematic internalisers are allowed to quote any size. The minimum quoting size shall be at least the equivalentthe minimum of twice the standard market size of a share, depositary receipt, ETF, certificate, or other financial instrument that is similar to those financial instruments and that is traded on a trading venue. For a particular share, depository receipt, ETF, certificate or other financial instrument that is similar to those financial instruments and that is traded on a trading venue, each quote shall include a firm bid and offer price, or firm bid and offer prices for a size or sizes which could be up to twice the standard market size for the class of shares, depositary receipts, ETFs, certificates or financial instruments that are similar to those financial instruments, to whhe minimum of twiche the financial instrument belongsstandard market size. The price or prices shall reflect the prevailing market conditions for that share, depositary receipt, ETF, certificate or financial instrument that is similar to those financial instruments.;
2022/10/20
Committee: ECON
Amendment 310 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 9
Regulation (EU) No 600/2014
Article 17a – paragraph 2
2. The application of the tick sizes set in accordance with Article 49 of Directive 2014/65/EU shall not prevent systematic internalisers from matching orders large in scale at mid-point within the current bid and offer prices. Matching orders at mid- point within the current bid and offer prices below large in scale but above twiche the standard market sizereshold determined by ESMA in accordance with Article 4(6)(f) shall be allowed in so far as those tick sizes are complied with.;
2022/10/20
Committee: ECON
Amendment 313 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 9 a (new)
Regulation (EU) No 600/2014
Article 18
(9 a) in Article 18, paragraph 1 is deleted.
2022/10/20
Committee: ECON
Amendment 319 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22 a – paragraph 1
1. Market data contributors shall, with regard to shares, ETFs and bonds that are traded on a trading venue, and with regard to OTC derivatives as defined in Article 2(7) of Regulation (EU) No 648/2012 that are subject to the clearing obligation as referred to in Article 4 of that Regulation,bonds provide the CTP with all the market data as set out in Article 22b(2) as needed for the CTP to be operational. Those market data shall be provided in a harmonised format, through a high quality transmission protocol, and as close to real- time as is technically possibleno later than one minute after the transaction by all trading venues.
2022/10/21
Committee: ECON
Amendment 347 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22b – paragraph 1
1. The Commission shall set up an expert stakeholder group by [OP add 3 months as of entry into force] to provide advice on the quality and the substance of market data, the common interpretation of market data and the quality of the transmission protocol referred to in Article 22a(1). TESMA should work closely with the expert stakeholder group which shall provide advice on a yearly basis. That advice shall be made public.
2022/10/21
Committee: ECON
Amendment 349 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22b – paragraph 2 – first subparagraph
2. The Commission shall be empowered to adESMA should developt delegated acts in accordance with Article 50 to specify the quality and the substance of the market data and the quality of the transmission protocolraft regulatory standards.
2022/10/21
Committee: ECON
Amendment 351 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22b – paragraph 2 – second subparagraph – introductory part
Those delegated actregulatory technical standards shall in particular specify all of the following:
2022/10/21
Committee: ECON
Amendment 353 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22b – paragraph 2 – third subparagraph
ESMA shall submit those draft regulatory technical standards to the Commission by […]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. For the purposes of the first subparagraph, the Commission shall take into account the advice from ESMA and from the technical expert group established in accordance with paragraph 2, international developments, and standards agreed at Union or international level. The Commission shall ensure that the delegated actregulatory technical standards adopted take into account the reporting requirements laid down in Articles 3, 6, 8, 10, 14, 18, 20, 21 and 27g.
2022/10/21
Committee: ECON
Amendment 360 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 11 b (new)
Regulation (EU) No 600/2014
Article 26 – paragraph 1
(11 b) in Article 26, paragraph 1, is replaced by the following: "1. Investment firms which execute transactions in financial instruments shall report complete and accurate details of such transactions to the competent authority as quickly as possible, and no later than the close of the following working day. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014L0065-20220228)Following an impact assessment of the European Commission, further alignements to other regulations such as UCITS, AIFMD or EMIR can be advantageous. However, additional reporting and unproportionate requirements shall not be the outcome of such a review. Or. en
2022/10/21
Committee: ECON
Amendment 362 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – title
Article 27da Selection process for the authorisation of a single consolidated tape provider for each asset clasbonds
2022/10/21
Committee: ECON
Amendment 367 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 1
1. By [OP insert date 3 months as of entry into force], ESMA shall organise a selection procedure for the appointment of the CTP for a five year term. ESMA shall organise a separate selection procedure for each of the following asset classes: shares, exchange traded funds, bonds and derivatives (or relevant subclasses of derivatives).term deemed appropriate keeping in mind the set-up costs which will be incurred by the CTP. ESMA should organise a separate selection procedure for bonds
2022/10/21
Committee: ECON
Amendment 370 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 2 – introductory part
2. For each of the asset classebonds referred to in paragraph 1, ESMA shall assess the applications on the basis of the following criteria:
2022/10/21
Committee: ECON
Amendment 392 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 3
3. The first selection procedure organised for shares shall only invite bids for the provision of a consolidated tape containing one minute delayed post trade data. Prior to subsequent selection procedures, ESMA shall assess market demand and revenue impacts on regulated markets and based on that assessment, report to the Commission on the opportunity of adding best bids and offers and corresponding volumes to the tape as well as on the possible improvement to the tape, including on the speed of publication. Based on that report and on the experience gained further to the first selection procedure, the Commission is empowered to adopt a delegated act specifying the appropriate level of pre- trade data to be contributed to the CTPmeasures for improving the data tape.
2022/10/21
Committee: ECON
Amendment 398 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 4
4. The selection of the CTP for sharebonds shall, in addition to the criteria in paragraph 2, consider the revenue participation scheme, and in particular the formula, applicable to regulated markets that are market data contributors. ESMA shall, when considering the competing tenders, select the CTP for sharebonds that offers the revenue participation scheme that provides regulated markets, in particular smaller regulated markets, with the highest amount of revenue that remains for distribution once deducted operating costs and a small incentivising margin which is deemed appropriate and reasonable margin. This revenue shall be distributed in accordance with Article 27h(1)(c), and in a manner commensurate to the market data contributed according to Article 22a.
2022/10/21
Committee: ECON
Amendment 407 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 5
5. ESMA shallould adopt a fully reasoned decision selecting and authorising the entities operating the consolidated tapes within 3 months as of initiation of the selection procedure referred to in paragraph 2. Such reasoned decision shall specify the conditions under which the CTPs shall operate, and in particular the level of fees referred to in paragraph 2, point (g) and for sharebonds the level of the participation referred to in paragraph 3, in particular for smaller regulated markets.
2022/10/21
Committee: ECON
Amendment 415 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 16
Regulation (EU) No 600/2014
Article 27h – paragraph 1 – subparagraph 1 – point c
(c) in the case of market data concerning shares, redistribute part of their revenues for the purposes of covering the cost related to mandatory contribution and of ensuring a fairreasonable level of participation for regulated markets, and in particular smaller regulated markets, in the revenue generated by the consolidated tape, in accordance with Article 27da(4);
2022/10/21
Committee: ECON
Amendment 420 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 16
Regulation (EU) No 600/2014
Article 27h – paragraph 1 – subparagraph 1 – point d
(d) make consolidated core market data, for the provision of which the CTP is selected in accordance with Article 27da, available in accordance with the data quality requirements set out in Article 22b to users into a continuous electronic data stream on non-discriminatory terms as close to real time as technically possibleno later than one minute after the transaction;
2022/10/21
Committee: ECON
Amendment 426 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 16
Regulation (EU) No 600/2014
Article 27h – paragraph 1 – second subparagraph
For the purpose of establishing the participarevenue redistribution in point (c), the revenue of the CTP shall be allocated among regulated markets according to a formula that reflects the proportion of pre-trade transparent liquidity in shares displayed by a regulated market relativcore market data provided while taking into account the ratio of market data revenue to the aoverage daily turnover in these shares in the Unionll revenue within the legal group structure.
2022/10/21
Committee: ECON
Amendment 435 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 16
4. After 12 months of full operation of the CTP for sharebonds, ESMA shall provide the Commission with a motivated opinn evaluation on the effectiveness and fairness of the level of participation of regulated markets in the revenues generated by the CTP as set out in accordance with the second subparagraph of paragraph 1. The Commission may request ESMA to provide further opinionassessments, where necessary or appropriate. The Commission shall be empowered to adopt a delegated act in accordance with Article 50 to revise the allocation key for the revenue redistribution, where appropriate.;
2022/10/21
Committee: ECON
Amendment 446 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 26
Regulation (EU) No 600/2014
Article 39 a (new)
(26) the following Article 39a is inserted: ‘ Article 39a Ban on payment for forwarding client orders for execution Investment firms acting on behalf of clients shall not receive any fee or commission or non-monetary benefits from any third party for forwarding client orders to such third party for their execution.; ’deleted
2022/10/21
Committee: ECON
Amendment 24 #

2021/0384(COD)

Proposal for a directive
Recital 7
(7) Article 27(3) and 27 (6) of Directive 2014/65/EU contains the requirement for execution platforms to publish a list of details relating to best execution. Factual evidence and feedback from stakeholders has shown that those reports are rarely read and do not enable investors or any users of those reports to make meaningful comparisons based on the information provided in those reports. As a consequence, Directive (EU) 2021/338 of the European Parliament and of the Council21 suspended the reporting requirement under Article 27 (3) for two years in order for that requirement to be reviewed. Regulation (EU) XX/XXXX22 has amended Regulation (EU) No 600/2014 to remove the obstacles that have prevented the emergence of a consolidated tape. Among the data that the consolidated tape is expected to provide are post-trade information regarding all transactions in financial instrumentsxed income. That information can be used for proving best execution. The reporting requirement laid down in Article 27(3) and 27 (6) of Directive 2014/65/EU will therefore no longer be relevant and should therefore be deleted. __________________ 21 Directive (EU) 2021/338 of the European Parliament and of the Council of 16 February 2021 amending Directive 2014/65/EU as regards information requirements, product governance and position limits, and Directives 2013/36/EU and (EU) 2019/878 as regards their application to investment firms, to help the recovery from the COVID-19 crisis (OJ L 68, 26.2.2021, p. 14). 22 COM 727
2022/10/20
Committee: ECON
Amendment 30 #

2021/0384(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2014/65/EU
Article 2 – paragraph 1 – point d – point ii
(ii) are members of or participants in a regulated market or an MTF with the exception for non-financial entities who execute transactions on a trading venue for the purpose of commercial activity or treasury financing activity;
2022/10/20
Committee: ECON
Amendment 33 #

2021/0384(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2014/65/EU
Article 4 – paragraph 1 – point 20
3 a. in Article 4, paragraph 1, point 20 is replaced by the following: "(20) ‘systematic internaliser’ means an investment firm which, on an organised, frequent systematic and substantial basis, deals on own account when executing client orders outside a regulated market, an MTF or an OTF without operating a multilateral system; The frequent and systematic basis shall be measured by the number of OTC trades in the financial instrument carried out by the investment firm on own account when executing client orders. The substantial basis shall be measured either by the size of the OTC trading carried out by the investment firm in relation to the total trading of the investment firm in a specific financial instrument or by the size of the OTC trading carried out by the investment firm in relation to the total trading in the Union in a specific financial instrument. The definition of a systematic internaliser shall apply only where the pre-set limits for a frequent and systematic basis and for a substantial basis are both crossed or where an investment firm chooses to opt-in under the systematic internaliser regime; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014L0065-20220228)" Or. en
2022/10/20
Committee: ECON
Amendment 39 #

2021/0384(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point –a 1 (new)
Directive 2014/65/EU
Article 27 – paragraph 1 – subparagraph 2
Where an(-a1) in paragraph 1, second subparagraph is replaced by the following: "Third party payments may be received if conflicts of interests are properly managed and disclosed. This is assumed under the following circumstances: (a) the investment firm is executes an order on behalf of a retail client, the best possible result shall be determined in terms of the toing the order following a specific instruction from the client. (i) is executing the order following a specific instruction from the client (ii) does not steer the client to the use of an execution platform preferred by the investment firm (iii) does not advertise its services as costless towards retail consideration, representing the price of the financial instrument and the costs relating to execution, which shall include all expenses incurred by the client which are directly relating to the execution of the order, including execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014L0065-20220228)lients. (b) The order is executed on a regulated market- (c) In case the investment firm acts on behalf of a retail client and the order is not executed on a regulated market the order process shall achieve best possible result as defined in the second subparagraph of Article 27 (1). (d) The investment firm must disclose to the client any remuneration, discount or non-monetary benefit for having routed the client orders to the particular trading venue or execution venue. (e) In the case of equities, the Investment firm must not systematically route its client orders to a single market maker, a systematic internaliser or other trading venue. At least one alternative execution venue must be offered. Such alternative venue must be a regulated market or a multilateral trading facility. Upon request, the client must be provided with the execution prices at these venues as well as the execution costs as defined in the third subparagraph of Article 27 (1). " Or. en
2022/10/20
Committee: ECON
Amendment 41 #

2021/0384(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Directive 2014/65/EU
Article 27 – paragraph 3
(a) paragraph 3 is deleted;replaced by the following: "3. Member States shall require that for financial instruments subject to the trading obligation in Articles 23 and 28 Regulation (EU) No 600/2014 that following execution of a transaction on behalf of a client the investment firm shall inform the client where the order was executed. "
2022/10/20
Committee: ECON
Amendment 42 #

2021/0384(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a a (new)
Directive 2014/65/EU
Article 27 – paragraph 6
(a a) paragraph 6 is deleted
2022/10/20
Committee: ECON
Amendment 485 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EU) No 575/2013
Article 46 – paragraph 2 a (new)
(11 a) the following paragraph is inserted: "2a. Institutions shall exclude holdings of Common Equity Tier 1 instruments in ancillary services undertakings where the following conditions apply: (a) the undertaking is owned in a partnership between other institutions or entities in the financial sector; (b) the undertaking provides and develops data services primarily to the shareholders; (c) the partnership between shareholders put together the main part of the board of directors of the undertaking with representatives from the shareholders; (d) the shareholders of the undertaking possess the equity investment with the intention of establishing a long term business relationship; (e) acquisition of equity in the undertaking must be approved by the management of the shareholder. These holdings shall be subject to a risk weight of 100 percent. For the purposes of this Article, a long- term equity investment follows the definition in Article 133(4)."
2022/08/11
Committee: ECON
Amendment 501 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EU) No 575/2013
Article 48 – paragraph 1 a (new)
(12 a) in Article 48, the following paragraph is inserted: "1a. Institutions shall exclude holdings of Common Equity Tier 1 instruments in ancillary services undertakings where the following conditions apply: (a) the undertaking is owned in a partnership between other institutions or entities in the financial sector; (b) the undertaking provides and develops data services primarily to the shareholders; (c) the partnership between shareholders put together the main part of the board of directors of the undertaking with representatives from the shareholders; (d) the shareholders of the undertaking possess the equity investment with the intention of establishing a long term business relationship; (e) acquisition of equity in the undertaking must be approved by the management of the shareholder. For the purposes of this Article, a long- term equity investment follows the definition in Article 133(4). These holdings shall be subject to a risk weight of 100 percent."
2022/08/11
Committee: ECON
Amendment 647 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 27 – point a a (new)
Regulation (EU) No 575/2013
Article 104a – paragraph 2 – subparagraph 1 a (new)
(a a) in paragraph 2, the following subparagraph is inserted: Internal transfers of positions between a well identified central treasury management desk and market making desk shall not be considered as reclassification of position if: (a) the transfer of positions is done at arm's length; (b) the scope of the positions transferred is limited to assets eligible to liquidity buffer and financial instruments where such assets are the underlying instruments; (c) positions transferred to treasury shall not have been held by the market making desk for a duration that exceeds the usual holding period of the market making desk set in line with Article 103.
2022/08/11
Committee: ECON
Amendment 846 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 50 a (new)
Regulation (EU) No 575/2013
Article 129 – paragraph 1 – point c
(50 a) in Article 129( 1), point (c) is replaced by the following: ‘(c) exposures to credit institutions that qualify for credit quality step 1 or credit quality step 2 or credit risk assessment grade A, or exposures to credit institutions that qualify for credit quality step 3 or credit risk assessment grade B where those exposures are in the form of: (i) short-term deposits with an original maturity not exceeding 100 days, where used to meet the cover pool liquidity buffer requirement of Article 16 of Directive (EU) 2019/2162; or (ii) derivative contracts that meet the requirements of Article 11(1) of that Directive, where permitted by the competent authorities;’ (iii) guarantees, where permitted by the competent authority " Or. en (https://eur-lex.europa.eu/eli/reg/2019/2160/oj)
2022/08/11
Committee: ECON
Amendment 847 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 50 b (new)
Regulation (EU) No 575/2013
Article 129 – paragraph 1a
(50 b) Article 129(1a) is replaced by the following: " 1a. For the purposes of point (c) of the first subparagraph of paragraph 1, the following shall apply: (a) for exposures to credit institutions that qualify for credit quality step 1, the exposure shall not exceed 15 % of the nominal amount of outstanding covered bonds of the issuing credit institution; (b) for exposures to credit institutions that qualify for credit quality step 2 or credit risk assessment grade A, the exposure shall not exceed 10 % of the nominal amount of outstanding covered bonds of the issuing credit institution; (c) for exposures to credit institutions that qualify for credit quality step 3 or credit risk assessment grade B that take the form of short-term deposits, as referred to in point (c)(i) of the first subparagraph of paragraph 1 of this Article, or the form of derivative contracts, as referred to in point (c)(ii) of the first subparagraph of paragraph 1 of this Article, or the form of guarantees, as referred to in point (c)(iii) of the first subparagraph of paragraph 1 of this Article, the total exposure shall not exceed 8 % of the nominal amount of outstanding covered bonds of the issuing credit institution; the competent authorities designated pursuant to Article 18(2) of Directive (EU) 2019/2162 may, after consulting EBA, allow exposures to credit institutions that qualify for credit quality step 3 or credit risk assessment grade B in the form of derivative contracts or guarantees, provided that significant potential concentration problems in the Member States concerned due to the application of credit quality step 1 and 2 requirements or credit risk assessment grade A referred to in this paragraph can be documented; (d) the total exposure to credit institutions that qualify for credit quality step 1, 2 or 3 shor credit risk assessment grade A or B all not exceed 15 % of the nominal amount of outstanding covered bonds of the issuing credit institution and the total exposure to credit institutions that qualify for credit quality step 2 or 3 or credit risk assessment grade A and B shall not exceed 10 % of the nominal amount of outstanding covered bonds of the issuing credit institution. : " Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32019R2160&from=EN)
2022/08/11
Committee: ECON
Amendment 848 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 50 c (new)
Regulation (EU) No 575/2013
Article 129 – paragraph 4 –subparagraph 1a (new)
(50 c) in Article 129(4), the following subparagraph is added Exposures in the form of derivatives for hedging purposes as referred to in Articles 11 and 4 of Directive (EU) 2019/2162 shall be assigned the same risk weight that the derivative counterparty would assign to the covered bonds. " Or. en (32013R0575)
2022/08/11
Committee: ECON
Amendment 849 #

2021/0342(COD)

Proposal for a regulation
Article 1 – point 50 a (new)
Regulation (EU) No 575/2013
Article 129 – paragraph 4 – table 6a
Table 6a Credit 1 2 3 4 5 6 quality step Risk 10% 15% 20% 50% 50% 100% weight (%)
2022/08/11
Committee: ECON
Amendment 850 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 50 d (new)
Regulation (EU) No 575/2013
Article 129 – paragraph 5 – subparagraph 1 a (new)
(50 d) in Article 129(5) the following subparagraph is added: Exposures in the form of derivatives for hedging purposes as referred to in Articles 11 and 4 of Directive (EU) 2019/2162 shall be assigned the same risk weight that the derivative counterparty would assign to the covered bonds. " Or. en (https://eur-lex.europa.eu/eli/reg/2019/2160/oj)
2022/08/11
Committee: ECON
Amendment 895 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 61 – point c
(EU) No 575/2013
Article 147 – paragraph 3 a
3a. Exposures to regional governments, local authorities or public sector entities shall all be assigned to the exposure class referred to in paragraph 2, point (a1), irrespective of the treatment such exposures would receive under Articles 115 or 116.;unless they are treated as exposures to the central government according to Articles 115 or 116. Exposures treated as exposures to central governments according to Articles 115 or 116 shall be assigned to the exposure class referred to in paragraph 2, point (a).
2022/08/11
Committee: ECON
Amendment 909 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 63 – point a
Regulation (EU) No 575/2013
Article 150 – paragraph 1 – subparagraph 3
An institution that is permitted to usIn addition to the exposures referred to in the second subparagraph an institution may, subject to the competent authority’s prior permission, apply the Standardised Approach for the following exposures where the IRB Approach is applied for othe calculation of risk- weighted exposure amounts for only some types of exposures within an exposure class, shall apply the Standardised Approach for the remaining types of exposures within that exposure class.; r types of exposures within the respective exposure class: (a) exposures to central governments and central banks of the Member States and their regional governments, local authorities, administrative bodies and public sector entities provided that: (i) there is no difference in risk between the exposures to that central government and central bank and those other exposures because of specific public arrangements; and (ii) exposures to the central government and central bank are assigned a 0 % risk weight under Article 114(2) or (4); (b) exposures of an institution to a counterparty which is its parent undertaking, its subsidiary or a subsidiary of its parent undertaking provided that the counterparty is an institution or a financial holding company, mixed financial holding company, financial institution, asset management company or ancillary services undertaking subject to appropriate prudential requirements or an undertaking linked by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC; (c) exposures between institutions which meet the requirements set out in Article113(7).
2022/08/18
Committee: ECON
Amendment 931 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 74 – point a – point iii a (new)
Regulation (EU) No 575/2013
Article 161 – paragraph 1 –point d
"d) covered bonds and derivatives eligible for the treatment set out in Article 129(4) or (5) may be assigned an LGD value of 11,25%; " Or. en (32013R0575)
2022/08/18
Committee: ECON
Amendment 1113 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 143 a (new)
Regulation (EU) No 575/2013
Article 325ae – paragraph 3 – subparagraph 1 a (new)
(143a) in Article 325ae(3), the following subparagraph is added: "The domestic currency of the institution referred to in the first subparagraph may also include currencies that the institution has acquired permission by the national competent authority to classify as a domestic currency in accordance with the provision in Article 325bd(new5a).”
2022/08/18
Committee: ECON
Amendment 1117 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 153 a (new)
Regulation (EU) No 575/2013
Article 325bd – paragraph 5 a (new)
(153 a) in Article 325bd, the following paragraph is inserted: "5a. For the purpose of determining the most liquid currencies and domestic currencies for general interest rate broad risk subcategory in table 2, a competent authority may permit an institution to classify a currency that is not the institution’s reporting currency as a domestic currency. In doing so, the competent authority shall evaluate that the institution has: (a) a sufficiently large presence in the given domestic interest rate market; (b) access to liquidity with the local central bank. " Or. en (32019R0876)
2022/08/18
Committee: ECON
Amendment 1126 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 159 – point a – point i
Regulation (EU) No 575/2013
Article 325bp – paragraph 5 – point a
"(a) the default probabilities shall be floored at 0,03 %; 1% for covered bond issuers and 0,03 % for all other issuers; exposures which would receive a 0 % risk- weight under the Standardised Approach for credit risk in accordance with Chapter 2 of Title II shall not be floored; " Or. en (32013R0575)
2022/08/18
Committee: ECON
Amendment 1132 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 166 – point b
Regulation (EU) No 575/2013
Article 382 – paragraph 4 a
4a. By way of derogation from paragraph 4, an institution may choose to calculate an own funds requirements for CVA risk, using any of the applicable approaches referred to in Article 382a, for those transactions that are excluded in accordance with paragraph 4, where the institution uses eligible hedges determined in accordance with Article 386 to mitigate the CVA risk of those transactions. For this purpose, an institution may separate the own funds requirements for CVA risk of those transactions between variability of the counterparty credit spread and variability of the exposure component of CVA risk. Institutions shall establish policies to specify where they choose to satisfy their own funds requirements for CVA risk for such transactions.
2022/08/18
Committee: ECON
Amendment 1137 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 169
Regulation (EU) No 575/2013
Article 383b – paragraph 8 – introductory part
8. The bucket-specific sensitivity shall be calculated in accordance with paragraphs 5, 6 and 7 for each bucket within a risk class. Once the bucket- specific sensitivity has been calculated for all buckets, weighted sensitivities to all risk factors across buckets shall be aggregated in accordance with the following formula, using the corresponding correlations for weighted sensitivities in different buckets set out in Articles 383l, 383n, 383q, 383u and 383qw, giving rise to the risk-class specific own funds requirements for delta or vega risk:
2022/08/18
Committee: ECON
Amendment 1138 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 169
Regulation (EU) No 575/2013
Article 383d – paragraph 1
1. The foreign exchange delta risk factors to be applied by institutions to instruments in the CVA portfolio sensitive to foreign exchange spot rates shall be the spot foreign exchange rates between the currency in which an instrument is denominated and the institution's reporting currency or the institution's base currency where the institution is using a base currency in accordance with Article 325q (7). There shall be one bucket per currency pair, containing a single risk factor and a single net sensitivity.
2022/08/18
Committee: ECON
Amendment 1143 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 169
Regulation (EU) No 575/2013
Article 383l – paragraph 3 a (new) and 3 b (new)
3a. The correlation parameter γbc = 50 % shall be used to aggregate general interest risk factors belonging to different buckets. 3b. The correlation parameter γbc = 80 % shall be used to aggregate general interest rate risk factors based on a currency as referred to in Article 325av (3) and a general interest rate risk factor based on the euro.
2022/08/18
Committee: ECON
Amendment 1144 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 169
Regulation (EU) No 575/2013
Article 383o – paragraph 1 – table 3 – row 9 a (new)
9 Other sector 5,0% 9a (new) Covered bonds issued by 1,0% credit institutions established in Member States 10 Qualified indices 1,5%
2022/08/18
Committee: ECON
Amendment 1236 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3 – subparagraph 1
3. By way of derogation from Article 92(5)(a), point (i), parent institutions, parent financial holding companies or parent mixed financial holding companies, stand-alone institutions in the EU or stand- alone subsidiary institutions in Member States may, until 31 December2032, assign a risk weight of 65 % to exposures to corporates for which no credit assessment by a nominated ECAI is available provided that that entity estimates the PD of those exposures, calculated in accordance with Part Three, Title II, Chapter 3, is no higher than 0,5 %.
2022/08/18
Committee: ECON
Amendment 1254 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3 – subparagraph 2
EBA shall monitor the use of the transitional treatment laid down in the first subparagraph and the availability of credit assessments by nominated ECAIs for exposures to corporates. EBA shall report its findings to the Commission by 31 December 2028.
2022/08/18
Committee: ECON
Amendment 1265 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3 – subparagraph 3
On the basis of that report and taking due account of the related internationally agreed standards developed by the BCBS, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal by 31 December 2031, to terminate this derogation, on the basis of finding that external ratings provide sufficient coverage for corporates.
2022/08/18
Committee: ECON
Amendment 1306 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 1 – point a
(a) until 31 December 2032, aA risk weight of 10 % to the part of the exposures secured by mortgages on residential property up to 55 % of the property value remaining after any senior or pari passu ranking liens not held by the institution have been deducted,
2022/08/18
Committee: ECON
Amendment 1317 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 1 – point b
(b) until 31 December 2029, aA risk weight of 45% to any remaining part of the exposures secured by mortgages on residential property up to 80 % of the property value remaining after any senior or pari passu ranking liens not held by the institution have been deducted, provided that the adjustment to own funds requirements for credit risk referred to in Article 501 is not applied.
2022/08/18
Committee: ECON
Amendment 1319 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 1 – point b a (new)
(b a) A risk weight of 30 % to the part of the exposures secured by mortgages on commercial property up to 55 % of the property value remaining after any senior or pari passu ranking liens not held by the institution have been deducted,
2022/08/18
Committee: ECON
Amendment 1336 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraphs 3 to 6
Where the discretion referred to in the first subparagraph has been exercised and all the associated conditions in the second subparagraph are met, institutions may assign the following risk weights to the remaining part of the exposures referred to in the second subparagraph, point (b), until 31 December 2032: (a) 52,5 % during the period from 1 January 2030 to 31 December 2030; (b) January 2031 to 31 December 2031; (c) January 2032 to 31 December 2032. When Member States exercise that discretion, they shall notify EBA and substantiate their decision. Competent authorities shall notify the details of all the verifications referred to in the first subparagraph, point (c), to EBA. EBA shall monitor the use of the transitional treatment in the first subparagraph and report to the Commission by 31 December 2028 on the appropriateness of the associated risk weights. On the basis of that report and taking due account of the related internationally agreed standards developed by the BCBS, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal by 31 December 2031.;deleted 60 % during the period from 1 67,5 % during the period from 1
2022/08/18
Committee: ECON
Amendment 1412 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495a – paragraph 3 a (new)
3 a. By way of derogation from Article 133, institutions may continue to assign the same risk weight that was applicable as of [OP please insert the date = one day before the date of entry into force of this amending Regulation] to equity exposures to entities of which they have been a shareholder at [adoption date] for six consecutive years and meet the following conditions: - The entity is owned in a partnership between other institutions or entities in the financial sector - The entity is a credit institution or a financial institution -The shareholders buy or convey services or products produced by the entity - The partnership between shareholders put together the main part of the board of directors of the entity with rep- resentatives from the shareholders - The shareholders of the entity possess the equity investment with the intention om establishing a long term business relationship - Acquisition of equity in the entity must be approved by the management of the shareholder institutions or entities in the financial sector. For the purposes of this Article, a long term equity investment follows the definition in article 133(4).
2022/08/18
Committee: ECON
Amendment 1487 #

2021/0342(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 201 – point a
Regulation (EU) No 575/2013
Article 501a – paragraph 1 – point a
‘(a) the exposure is assigned toincluded either in the corporate exposure class referred to eior in ther in Article 112, point (g), or in Article 147(2), point (c)frastructure finance and object finance exposures class, with the exclusion of exposures in default;’
2022/08/18
Committee: ECON
Amendment 1544 #

2021/0342(COD)

Proposal for a regulation
Annex – table –column 2 – row 8
Regulation (EU) No 575/2013
Annex 1
 Performance bonds, bideleted warranties and standby letters of credit related to particular transactions and similar transaction- related bconds,tingent items;
2022/08/18
Committee: ECON
Amendment 1554 #

2021/0342(COD)

Proposal for a regulation
Annex – table – column 2 - row 13 -a (new)
Regulation (EU) No 575/2013
Annex 1
 Performance bonds, bid bonds, warranties and standby letters of credit related to particular transactions and similar transaction- related contingent items;
2022/08/18
Committee: ECON
Amendment 133 #

2021/0341(COD)

Proposal for a directive
Recital 46 a (new)
(46 a) In general, the EBA shall duly take into account the proportionality principle with regard to the design of guidelines. Requirements for small, non- complex institutions and other institutions with simple business models should be formulated in a principle-oriented manner only and reflect the lower risk of such institutions.
2022/08/22
Committee: ECON
Amendment 135 #

2021/0341(COD)

Proposal for a directive
Recital 46 b (new)
(46 b) Investments shall only be risk- weighted according to their fundamental credit, market and operational risk and not on the basis on whether these investments are aligned with environmental, social or governance criteria.
2022/08/22
Committee: ECON
Amendment 138 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Directive 2013/36/EU
Article 2 – paragraph 5 – point 5
(-1 a) in Article 2(5) point 5 is replaced by the following: ‘(5) in Germany, the ‘Kreditanstalt für Wiederaufbau’, ‘Landwirtschaftliche Rentenbank’, ‘Bremer Aufbau-Bank GmbH’, ‘Hamburgische Investitions- und Förderbank’, ‘Investitionsbank Berlin’, ‘Investitionsbank des Landes Brandenburg’, ‘Investitionsbank Sachsen- Anhalt’, ‘Investitionsbank Schleswig- Holstein’, ‘Investitions- und Förderbank Niedersachsen – NBank’, ‘Investitions- und Strukturbank Rheinland- Pfalz’, ‘Landeskreditbank Baden- Württemberg – Förderbank’, ‘LfA Förderbank Bayern’, ‘NRW.BANK’, ‘Saarländische Investitionskreditbank AG’, ‘Sächsische Aufbaubank – Förderbank’, ‘Thüringer Aufbaubank’, undertakings which are recognised under the ‘Wohnungsgemeinnützigkeitsgesetz’ as bodies of State housing policy and are not mainly engaged in banking transactions, and undertakings recognised under that law as non-profit housing undertakings; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013L0036-20220101’ Or. en
2022/08/22
Committee: ECON
Amendment 150 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/36/EU
Article 4 – paragraph 4 – subparagraph 3 – point b – point i
(i) institutions they have directly supervised, including their direct or indirect parent undertakings, subsidiaries or affiliates, over at least the two preceding years from the date when taking up any new role;deleted
2022/08/22
Committee: ECON
Amendment 178 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2013/36/EU
Article 21c – paragraph 2
2. Where a retail client, an eligible counterparty or a professional client within the meaning of Sections I and II of Annex II to Directive 2014/65/EUclient or counterparty established or situated in the Union approaches an undertaking established in a third country or a third-country branch in a member state at its own exclusive initiative for the provision of any service or activity referred to in Article 47(1), the requirement laid down in paragraph 1 of this Article shall not apply to the provision to that person of the relevant service or activity, including a relationship specifically related to the provision of that service or activity. Without prejudice to intragroup relationships, where a third country undertaking, including through an entity acting on its behalf or having close links with such third-country undertaking or any other person acting on behalf of such undertaking, solicits clients or potential clients in the Union, it shall not be deemed to be a service provided at the own exclusive initiative of the client.
2022/08/22
Committee: ECON
Amendment 237 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 47 – title
Article 47 Scope and definitions
2022/08/22
Committee: ECON
Amendment 244 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 47 – paragraph 1 – point a
(a) any of the activities listed in points 1,2,3 and 6 of Annex I to this Directive by an undertaking established in a third country that would be required to be authorised as a credit institution under this Directive as a result of carrying out those activities if it were established in that Member State.;
2022/08/22
Committee: ECON
Amendment 247 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 47 – paragraph 1 – point b
(b) the activities referred to in Article 4(1), point (b), of Regulation (EU) 575/2013, by an undertaking established in a third country that fulfils any of the criteria laid down in points (i) to (iii) of that point.deleted
2022/08/22
Committee: ECON
Amendment 251 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 47 – paragraph 2
2. By derogation from paragraph 1, where the undertaking in the third country is not a credit institution or an undertaking that meets the criteria of paragraph 1, point (b), the carrying out of any of the activities listed in Annex I, points (4), (5), and (7) to (15), to this Directive by that undertaking in a Member State shall be subject to Title II, Chapter IV, of Directive 2014/65/EU.deleted
2022/08/22
Committee: ECON
Amendment 257 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 47a (new)
Article 47a Limitation on scope and transitional provisions 1. By derogation from Article 47(1), the requirements laid down in Article 21c and Article 48c(1) shall not apply to a third- country undertaking conducting any of the following activities in the Union otherwise than through a branch in the Union: (a) any of the activities referred to in Article 47(1) where the client or counterparty is its subsidiary, its parent undertaking, or another subsidiary of its parent undertaking or another undertaking to which it is related as set out in Article 22 of Directive 2013/34/EU; (b) any of the activities referred to in Article 47(1) where the activities are connected to the provision of any investment services or the performance of investment activities within the meaning of point (2) of Article 4(1) of Directive 2014/65/EU in the Union in accordance with Title VIII of Regulation (EU) No 600/2014 (c) any of the activities referred to in Article 47(1) where the client or counterparty is an institution as defined in point (3) of Article 4(1) of Regulation (EU) 575/2013. 2. Member States may choose not to apply the requirements laid down in Article 21c and Article 48c(1) to an undertaking established in a third country that carries out activities in their Member State otherwise than through a branch in that Member State, where that undertaking carries out the activities referred to in Article 47(1) in that Member State exclusively with persons other than consumers as defined in Article 3 of Directive 2008/48/EC.
2022/08/22
Committee: ECON
Amendment 267 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48c – paragraph 1
1. Member States shall require that third country undertakings establish a branch in their territory before commencing or continuing the activities referred to in Article 47(1) in their territory. The establishment of a third country branch shall be subject to prior authorisation in accordance with this Chapter. The first sentence of the first sub-paragraph of this paragraph shall not apply to the provision of any service or activity referred to in Article 47(1) at the exclusive initiative of a client or counterparty in the Union as described in Article 21c(1) and (2).
2022/08/22
Committee: ECON
Amendment 331 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2013/36/EU
Article 73 – paragraph 1 – subparagraph 1
Institutions shall have in place sound, effective and comprehensive strategies and processes to assess and maintain on an ongoing basis the amounts, types and distribution of internal capital that they consider adequate to cover the nature and level of the risks to which they are or might be exposed in the short, medium and long term time horizon, including environmental, social and governance risks.’;”
2022/08/22
Committee: ECON
Amendment 333 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2013/36/EU
Article 74 – paragraph 1 – subparagraph 1 – point b
(b) effective processes to identify, manage, monitor and report the risks they are or might be exposed to in the short, medium and long term time horizon, including environmental, social and governance risks;
2022/08/22
Committee: ECON
Amendment 336 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Directive 2013/36/EU
Article 76 – paragraph 1
1. Member States shall ensure that the management body approves and at least every two years reviews the strategies and policies for taking up, managing, monitoring and mitigating the risks the institution is or might be exposed to, including those posed by the macroeconomic environment in which it operates in relation to the status of the business cycle, and those resulting from the current, short, medium and long-term impacts of environmental, social and governance factors.;
2022/08/22
Committee: ECON
Amendment 338 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2013/36/EU
Article 76 – paragraph 2 – subparagraph 2
Member States shall ensure that the management body develops specific plans and quantifiable targets to monitor and address the risks arising in the short, medium and long-term from the misalignment of the business model and strategy of the institutions, with the relevant Union policy objectives or broader transition trends towards a sustainable economy in relation to, in determining the business strategy, the management body takes into account the impact of environmental, social and governance factors.;
2022/08/22
Committee: ECON
Amendment 356 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2013/36/EU
Article 87 a – paragraph 2
2. The strategies, policies, processes and systems referred to in paragraph 1 shall be proportionate to the scale, nature and complexity of the environmental, social and governance risks of the business model and scope of the institution’s activities, and consider short, medium and a long-term horizon of at least 10 years.
2022/08/22
Committee: ECON
Amendment 358 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2013/36/EU
Article 87 a – paragraph 4
4. Competent authorities shall assess and monitor developments of institutions’ practices concerning their environmental, social and governance strategy and risk management, including the plans to be prepared in accordance with Article 76, as well as the progress made and the risks to adapt their business models to the relevant policy objectives of the Union or broader transition trends towards a sustainable economy, taking into account, for example, sustainability related product offering, transition finance policies, and related loan origination policies, and environmental, social and governance related targets and limits.
2022/08/22
Committee: ECON
Amendment 367 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2013/36/EU
Article 87 a – paragraph 5 – subparagraph 1 – point b
(b) the content of plans to be prepared in accordance with Article 76, which shall include specific timelines and intermediate quantifiable targets and milestones, in order to address the risks from misalignment of the business model and strategy of institutions with the relevant policy objectives of the Union, or broader transition trends towards a sustainable economy in relation to environmental, social and governance factors;deleted
2022/08/22
Committee: ECON
Amendment 370 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2013/36/EU
Article 87 a – paragraph 5 – subparagraph 1 – point c
(c) qualitative and quantitative criteria for the assessment of the impact of environmental, social and governance risks on the financial stability of institutions in the short, medium and long term;
2022/08/22
Committee: ECON
Amendment 373 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 88 – paragraph 3
(b) in Article 88, the following paragraph 3 is added: ‘3. institutions draw up, maintain and update individual statements setting out the roles and duties of each member of the management body, senior management and key function holders and a mapping of duties, including details of the reporting lines and the lines of responsibility, and the persons who are part of the governance arrangements as referred to in Article 74 (1) and their duties approved by the management body. Member States shall ensure that the statements of duties and the mapping of the duties are made available and communicated in due time, upon request, to the competent authorities. EBA shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1093/2010, ensuring the implementation of this paragraph and its consistent application. EBA shall issue those guidelines by [OP please insert the date = 12 months from date of entry into force of this amending Directive].’deleted Member States shall ensure that
2022/08/22
Committee: ECON
Amendment 402 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
2. The entities shall assess the suitability of members of the management body before those members take up their positions. Where the entities conclude, based on the suitability assessment, that the member concerned does not fulfil the criteria and requirements set out in paragraph 1, the entities shall ensure that the member concerned does not take up the position considered. However, where it is strictly necessary to replace a member of the management body immediately, the entities may assess the suitability of such replacement members after they have taken up their positions. The entities shall be able to duly justify such immediate replacement.deleted
2022/08/22
Committee: ECON
Amendment 438 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 2
Competent authorities shall complete the assessment referred to in paragraph 1 within 820 working days (‘assessment period’) as from the date of the written acknowledgement referred to in the first subparagraph of this paragraph.
2022/08/22
Committee: ECON
Amendment 451 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 4
4. Competent authorities that request from the entities additional information or documentation, including interviews or hearings, may extend the assessment period for a maximum of 40 working days. However, the assessment period shall not exceed 1260 working days. Request for additional information or documentation shall be made in writing and shall be specific. The entities shall acknowledge receipt of request for additional information or documentation within two working days and provide the requested additional information or documentation within 10 working days as of the date of the written acknowledgement of the request from competent authorities.
2022/08/22
Committee: ECON
Amendment 534 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Directive 2013/36/EU
Article 104 a – paragraph 6 – subparagraph 1 – point b
(b) the institution’s competent authority shall, without undue delay, and no later than by the end date of the next review and evaluation process, review the additional own funds it required from the institution in accordance with Article 104(1), point (a), and remove any parts thereof that would (i) double-count the risks that are already fully covered by the fact that the institution is bound by the output floor. , (ii) be considered covered due to the overcapitalisation stemming from the Output Floor, even if not explicitly related to the Output Floor objectives. The institution's competent authority shall also provide a quantified breakdown of the above assessment to the institution.
2022/08/22
Committee: ECON
Amendment 548 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 30 – point a
Directive 2013/36/EU
Article 131 – paragraph 5 – subparagraph 2
Where an O-SII becomes bound by the output floor, the following shall apply: (a) the nominal amount of the institution’s O-SII buffer shall not increase as a result of the institution becoming bound by the output floor; (b) its competent or designated authority, as applicable, shall review the institutions O-SII buffer requirement to make sure that its calibration remains appropriate.;
2022/08/22
Committee: ECON
Amendment 66 #

2021/0296(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2 a. Member States may provide for exemptions from the provisions of this Directive for undertakings within the meaning of paragraph 1 of this Article, provided it is ensured that the objectives of this Directive are still adequately met and, in particular, that the continuity of insurance relationships is guaranteed in the event of a failure of an undertaking. For this purpose, Member States may, inter alia, require the establishment, maintenance or modification of a national insurance guarantee scheme.
2022/07/18
Committee: ECON
Amendment 177 #

2021/0296(COD)

Proposal for a directive
Article 33 a (new)
Article 33 a Transfer to Existing National Insurance Guarantee Schemes Instead of applying the provisions of Articles 32 and 33 of this Directive, Member States may, while ensuring the interests of policy holders, provide for a transfer of portfolios to an appropriate national insurance guarantee scheme, while ensuring continuity of insurance relationships. Member States may require the establishment, maintenance or modification of an appropriate national insurance guarantee scheme for that purpose.
2022/07/18
Committee: ECON
Amendment 305 #

2021/0295(COD)

Proposal for a directive
Recital 82 a (new)
(82 a) Article 19a(5) of Directive 2013/34/EU should be amended so that low-risk profile undertakings as defined in Article 29a may limit their sustainability reporting according to the simplified SME sustainability reporting standards.
2022/08/01
Committee: ECON
Amendment 203 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point b
(b) reinforce Member States’ collective resilience and bridge the digital divide notably by promoting continuous opportunities for each individual, at all levels and in all fields of society, to develop basic and specialised digital skills for all andand competences as well as by fostering the development of horizontal high- performing digital education and training systems;
2022/03/29
Committee: ITRE
Amendment 221 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point d a (new)
(d a) develop a comprehensive and sustainable ecosystem of interoperable digital infrastructures where high performance computing, cloud, quantum, artificial intelligence, data management and network connectivity work in convergence, to create opportunities for growth and jobs through research and innovation;
2022/03/29
Committee: ITRE
Amendment 324 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c
(c) at least 8100% of Union citizens usehave access to a digital identification (ID) solution. recognised throughout the Union and ensuring the users’ full control of their personal data
2022/03/29
Committee: ITRE
Amendment 718 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 4 a (new)
4a. Where there are objective grounds for assuming that the provision of such information would have a negative impact on ongoing investigations or analyses, or, in exceptional circumstances, where disclosure of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested, authorities under paragraph 1 lit. b)and c) shall be under no obligation to comply with the request for information.
2022/06/27
Committee: ECONLIBE
Amendment 873 #

2021/0250(COD)

Proposal for a directive
Article 38 – paragraph 1
1. Where Member States decide, pursuant to Article 29(3), to allow self- regulatory bodies to perform supervision of the entities referred to in Article 3, points (3)(a), (b) and (d), of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], they shall ensure that the activities of such self-regulatory bodies in the performance of such functions are subject to oversight by a public authorityies.
2022/06/27
Committee: ECONLIBE
Amendment 875 #

2021/0250(COD)

Proposal for a directive
Article 38 – paragraph 2 – introductory part
2. The authority overseeing self- regulatory bodies shall be responsible for ensuring that SRBs as a minimum fulfil their legal obligations as stated in Union acts or national legislation transposing Union acts, including by:
2022/06/27
Committee: ECONLIBE
Amendment 876 #

2021/0250(COD)

Proposal for a directive
Article 38 – paragraph 2 – point b
(b) issuing guidance as regards the performance of the funcobligations referred to in Article 29(1);
2022/06/27
Committee: ECONLIBE
Amendment 877 #

2021/0250(COD)

Proposal for a directive
Article 38 – paragraph 2 – point c
(c) ensuring that self-regulatory bodies perform their functions in accordance with the applicable rules under Section 1 of this Chapter to the highest standards;
2022/06/27
Committee: ECONLIBE
Amendment 878 #

2021/0250(COD)

Proposal for a directive
Article 38 – paragraph 2 – point d
(d) reviewing the exemptions granted by self-regulatory bodies from the obligation to draw up an individual documented risk assessment pursuant to Article 29(4), point (b). The overseeing authority neither performs supervisory tasks vis-à-vis obliged entities nor decides on single supervisory actions of the self- regulatory body vis-à-vis obliged entities.
2022/06/27
Committee: ECONLIBE
Amendment 883 #

2021/0250(COD)

Proposal for a directive
Article 38 – paragraph 3 – point b
(b) issue instructdecisions to a self- regulatory body for the purpose of remedying a failure to perform its funccomply with its obligations under Article 29(1) or a failure to comply with the requirements of paragraph 6 of that Article, or to prevent any such failures. When issuing such instructdecisions, the authority shall consider any relevant guidance it provided or that has been provided by AMLA.
2022/06/27
Committee: ECONLIBE
Amendment 885 #

2021/0250(COD)

Proposal for a directive
Article 38 – paragraph 5 – point d
(d) the number and description of measures taken by the authority overseeing self-regulatory bodies under this Article and the number of instructions issued to self-regulatory bodies.
2022/06/27
Committee: ECONLIBE
Amendment 349 #

2021/0240(COD)

Proposal for a regulation
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 or agencies with relevant experience in the field of direct and indirect supervision. (f) it shall ensure sustainability and digital connectivity with regard to infrastructure and working conditions.
2022/07/05
Committee: ECONLIBE
Amendment 147 #

2021/0239(COD)

Proposal for a regulation
Recital 14
(14) Directive (EU) 2015/849 set out to mitigate the money laundering and terrorist financing risks posed by large cash payments by including persons trading in goods among obliged entities when they make or receive payments in cash above EUR 10 000, whilst allowing Member States to introduce stricter measures. Such approach has shown to be ineffective in light of the poor understanding and application of AML/CFT requirements, lack of supervision and limited number of suspicious transactions reported to the FIU. In order to adequately mitigate risks deriving from the misuse of large cash sums, a Union-wide limit to large cash transactions above EUR 10 000 should be laid down. As a consequence, persons trading in goods should no longer be subject to AML/CFT obligations.
2022/07/04
Committee: ECONLIBE
Amendment 245 #

2021/0239(COD)

Proposal for a regulation
Recital 94
(94) The use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti- money laundering rules when making or receiving cash payments of EUR 10 000 or more. At the same time, differences in approaches among Member States have undermined the level playing field within the internal market to the detriment of businesses located in Member States with stricter controls. It is therefore necessary to introduce a Union-wide limit to large cash payments of EUR 10 000. Member States should be able to adopt lower thresholds and further stricter provisionsenforce anti-money laundering rules across the EU.
2022/07/04
Committee: ECONLIBE
Amendment 248 #

2021/0239(COD)

Proposal for a regulation
Recital 95
(95) The Commission should assess the costs, benefits and impacts of lowering the limit to large cash payments at Union level with a view to levelling further the playing field for businesses and reducing opportunities for criminals to use cash for money laundering. This assessment should consider in particular the most appropriate level for a harmonised limit to cash payments at Union level considering the current existing limits to cash payments in place in a large number of Member States, the enforceability of such a limit at Union level and the effects of such a limit on the legal tender status of the euro.deleted
2022/07/04
Committee: ECONLIBE
Amendment 327 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point a
(a) auditors, external accountants and tax advisors, and any other natural or legal person that undertakes to provide, directly or by means of other persons to which that other person is related, material aid, assistance or advice on tax matters as principal business or professional activity; with the exception of mutual advice and assistance of national employees on tax matters organized in the form of a self- help association.
2022/07/04
Committee: ECONLIBE
Amendment 698 #

2021/0239(COD)

1a. When issuing the list indicating the exact functions member states can include functions corresponding to prominent public functions not included in Article 2, point (25) that are considered equivalent to other functions listed in Article 2, point (25) in their Member State and require the application of the specific provisions of Article 32.Regarding the prominent public functions listed in Article 2, point (25) (vi) and (vii), Member States may apply restrictive criteria when indicating the exact functions in order tonsure that the indicated exact functions are equivalent to other functions listed in Article 2, point (25) (a) (i) to (v) and Article 2, point (25)(b) to (d).
2022/07/05
Committee: ECONLIBE
Amendment 718 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point a
(a) the approval of the obliged entity’s risk assessment according to Article 8 and of its policies, controls and procedures according to Article 7of this Regulation;
2022/07/05
Committee: ECONLIBE
Amendment 719 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point a a (new)
(aa) the responsibility to be in compliance with this regulation
2022/07/05
Committee: ECONLIBE
Amendment 720 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point b
(b) the internal controls in place pursuant to Article 7;deleted
2022/07/05
Committee: ECONLIBE
Amendment 725 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point c
(c) the drawing up and approval of the obliged entity’s policies, controls and procedures to comply with the requirements of this Regulation;deleted
2022/07/05
Committee: ECONLIBE
Amendment 728 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point d
(d) the attribution of a risk profile to a prospective client and the entering into a business relationship with that client;deleted
2022/07/05
Committee: ECONLIBE
Amendment 732 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point e
(e) the identification of criteria for the detection of suspicious or unusual transactions and activities;deleted
2022/07/05
Committee: ECONLIBE
Amendment 738 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point f
(f) the reporting of suspicious activities or threshold-based declarations to the FIU pursuant to Article 50.deleted
2022/07/05
Committee: ECONLIBE
Amendment 876 #

2021/0239(COD)

Proposal for a regulation
Article 51 – paragraph 2 a (new)
2a. The exemption set forth in paragraph 2 does not apply if the obliged professional has positive knowledge that the client is seeking legal advice for the purposes of money laundering or terrorist financing. Within the limits of Union Law, Member states may adopt or maintain with regard to specific transactions that involve a particular high risk to be used for money laundering or terrorist financing additional reporting obligations for the professionals listed in paragraph 2 to which the exemption set forth in paragraph 2 does not apply.
2022/07/05
Committee: ECONLIBE
Amendment 881 #

2021/0239(COD)

Proposal for a regulation
Article 54 – paragraph 5
5. For obliged entities referred to in Article 3, points (1), (2), (3)(a) and (b), in cases relating to the same customer and the same transaction involving two or more obliged entities, and by way of derogation from paragraph 1, disclosure may take place between the relevant obliged entities provided that they are located in the Union, or with entities in a third country which imposes requirements equivalent to those laid down in this Regulation, and that they are from the same category of obliged entities and are subject to professional secrecy and personal data protection requirements.
2022/07/05
Committee: ECONLIBE
Amendment 882 #

2021/0239(COD)

Proposal for a regulation
Article 54 – paragraph 5 a (new)
5a. By way of derogation from paragraph 1, disclosure may take place between an obliged entity and its agent or service provider to which it has outsourced activities related to customer identification and due diligence measures according to Chapter III of this Regulation or reporting as referred to in Articles 50 and 51 of this Regulation.
2022/07/05
Committee: ECONLIBE
Amendment 899 #

2021/0239(COD)

Proposal for a regulation
Article 55 – paragraph 4 a (new)
4a. Without prejudice to further obligations under Regulation (EU) 2016/679 and [EU-AI Regulation], the processing of personal data according to paragraph 4 may be conducted by means of automated decision-making, including profiling (Article 4(3) of Regulation (EU) 2016/679), or artificial-intelligence systems as defined in [Article 3 of Regulation insert title EU-AI-Reg; COM(2021) 206 final)], provided that: - the obliged entity has conducted the necessary data protection impact assessment according to Article 35 (3) (a) of Regulation (EU)2016/679 prior to the processing - if the processing takes place in a third country, the requirements of Chapter V of Regulation (EU) 2016/679 are met - the processing of personal data only comprises data which an obliged entity has collected in the course of performing its customer due diligence obligations, including, in particular, the ongoing monitoring pursuant to Article 20.
2022/07/05
Committee: ECONLIBE
Amendment 910 #

2021/0239(COD)

Proposal for a regulation
Article 58 – paragraph 1 – introductory part
1. Credit institutions, financial institutions and crypto-asset service providers shall be prohibited from keeping anonymous accounts, anonymous passbooks, anonymous safe-deposit boxes or anonymous crypto-asset wallets as well as any account otherwise allowing for the anonymisation of the customer account holder. Crypto-wallet service providers that do not have direct access to private user data or user funds and solely function as software providers are excluded.
2022/07/05
Committee: ECONLIBE
Amendment 914 #

2021/0239(COD)

Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Owners and beneficiaries of existing anonymous accounts, anonymous passbooks, anonymous safe-deposit boxes or crypto-asset wallets shall be subject to customer due diligence measures before those accounts, passbooks, deposit boxes or crypto-asset wallets are used in any way.deleted
2022/07/05
Committee: ECONLIBE
Amendment 917 #

2021/0239(COD)

Proposal for a regulation
Article 59
(1) Persons trading in goods or providing services may accept or make a payment in cash only up to an amount of EUR 10 000 or equivalent amount in national or foreign currency, whether the transaction is carried out in a single operation or in several operations which appear to be linked. (2) Member States may adopt lower limits following consultation of the European Central Bank in accordance with Article 2(1) of Council Decision 98/415/EC57 . Those lower limits shall be notified to the Commission within 3 months of the measure being introduced at national level. (3) When limits already exist at national level which are below the limit set out in paragraph 1, they shall continue to apply. Member States shall notify those limits within 3 months of the entry into force of this Regulation. (4) The limit referred to in paragraph 1 shall not apply to: (a) payments between natural persons who are not acting in a professional function; (b) payments or deposits made at the premises of credit institutions. In such cases, the credit institution shall report the payment or deposit above the limit to the FIU. (5) Member States shall ensure that appropriate measures, including sanctions, are taken against natural or legal persons acting in their professional capacity which are suspected of a breach of the limit set out in paragraph 1, or of a lower limit adopted by the Member States. (6) The overall level of the sanctions shall be calculated, in accordance with the relevant provisions of national law, in such way as to produce results proportionate to the seriousness of the infringement, thereby effectively discouraging further offences of the same kind. _________________ 57 Council Decision of 29 June 1998 on the consultation of the European Central Bank by national authorities regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42).Article 59 deleted Limits to large cash payments
2022/07/05
Committee: ECONLIBE
Amendment 922 #

2021/0239(COD)

Proposal for a regulation
Article 59 – paragraph 1
(1) Persons trading in goods or providing services may accept or make a payment in cash only up to an amount of EUR 10 000 or equivalent amount in national or foreign currency, whether the transaction is carried out in a single operation or in several operations which appear to be linked.deleted
2022/07/05
Committee: ECONLIBE
Amendment 931 #

2021/0239(COD)

Proposal for a regulation
Article 59 – paragraph 2
(2) Member States may adopt lower limits following consultation of the European Central Bank in accordance with Article 2(1) of Council Decision 98/415/EC57. Those lower limits shall be notified to the Commission within 3 months of the measure being introduced at national level. _________________ 57 Council Decision of 29 June 1998 on the consultation of the European Central Bank by national authorities regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42).deleted
2022/07/05
Committee: ECONLIBE
Amendment 947 #

2021/0239(COD)

Proposal for a regulation
Article 63 – paragraph 1 – point b
(b) further lowering the limit for large cash payments.deleted
2022/07/05
Committee: ECONLIBE
Amendment 190 #

2021/0223(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) In order to ensure a coherent legislative framework for the use and deployment of alternative fuels this Regulation should be aligned with the ReFuelEU aviation FuelEU Maritime, the revision of CO2 emission performance for new passenger cars and light duty vehicles Regulation, the CO2 emission performance for heavy duty vehicles Regulation and its upcoming revisions, and the revision of Directive 2003/96/EC (Energy Taxation Directive).
2022/02/07
Committee: ITRE
Amendment 193 #

2021/0223(COD)

Proposal for a regulation
Recital 5
(5) Therefore all modes of transport should be addressed in one instrument which should take into account a variety of alternative fuels. The use of zero-emission powertrain technologies is at different stages of maturity in the different modes of transport. In particular, in the road sector, a rapid uptake of battery-electric and plug-in hybrid vehicles is taking place and therefore requiring higher targets for this mature technology. Hydrogen fuel-cell road vehicles are available to markets, as well. In addition, smaller hydrogen and battery electric vessels and hydrogen fuel- cell trains are currently being deployed in different projects and in first commercial operations, with full commercial roll out expected in the next years. In contrast, the aviation and waterborne sectors continue to be dependent on liquid and gaseous fuels, as zero- and low-emission powertrain solutions are expected to enter the market only around 2030 and in particular for the aviation sector even later, with full commercialisation taking its time, therefore encouraging a technologically neutral approach to encourage maturity of developing technologies. The use of fossil gaseous or liquid fuels is only possible if it is clearly embedded into a clear decarbonisation pathway that is in line with the long-term objective of climate neutrality in the Union, is endorsed by a Cost-Benefit Analysis (CAB) and ensures it is the Best Alternative Technology (BAT), requiring increasing blending with or replacement by renewable fuels such as bio-methane, advanced biofuels or renewable and low- carbon synthetic gaseous and liquid fuels as soon as possible.
2022/02/07
Committee: ITRE
Amendment 208 #

2021/0223(COD)

Proposal for a regulation
Recital 9
(9) The deployment of publicly accessible recharging infrastructure for light-duty electric vehicles has been uneven across the Union and across regions. Continued uneven distribution would jeopardize the uptake of such vehicles, limiting connectivity across the Union. Continuing divergence in policy ambitions and approaches at national level will not create the long-term certainty needed for substantive market investment. Mandatory minimum targets for Member States at national level should therefore provide policy orientations and complement National Policy Frameworks. That approach should combine national fleet based targets with distance-based targets for the trans-European network for transport (TEN-T). National fleet based targets should ensure that vehicle uptake in each Member State is matched with the deployment of sufficient publicly accessible recharging infrastructure while allowing for the market to self regulate once a certain penetration of electric vehicles has been reached. Distance-based targets for the TEN-T network should ensure full coverage of electric recharging points along the Union’s main road networks and thereby ensure easy and seamless travel throughout the Union. This targets shall be complemented with additional recharging infrastructure across all regions to ensure an even deployment across all territory, including in depopulated or sparseley populated areas.
2022/02/07
Committee: ITRE
Amendment 222 #

2021/0223(COD)

Proposal for a regulation
Recital 11
(11) Implementation in Member States should ensure that a sufficient number of publicly accessible recharging points is installed, in particular at public transport stations, such as port passenger terminals, airports or railway stations and support multimodal travel. A sufficient number of publicly accessible fast recharging points dedicated to light-duty vehicles should also be deployed to increase consumer convenience in particular across the TEN-T network to ensure full cross-border connectivity and allow electric vehicles to circulate throughout the Union.
2022/02/07
Committee: ITRE
Amendment 236 #

2021/0223(COD)

Proposal for a regulation
Recital 21 a (new)
(21 a) The possibility of bidirectional charging at both private and publicly accessible infrastructure can be an incentive to encourage people to purchase electric vehicles, as they can then be used for mobility as well as energy storage. Therefore, incentives are encouraged to ensure a sufficient number of private and publicly accessible charging stations that allow for smart, bidirectional charging (V2G).
2022/02/07
Committee: ITRE
Amendment 238 #

2021/0223(COD)

Proposal for a regulation
Recital 25 a (new)
(25 a) To ensure the security and stability of the network of recharging points across the Union, operators of digitally connected recharging points should comply with minimum cybersecurity rules as laid down in Directive of the European Parliament and of the Council on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148.
2022/02/07
Committee: ITRE
Amendment 280 #

2021/0223(COD)

Proposal for a regulation
Recital 52
(52) In the application of this Regulation, the Commission should consult relevant expert groups and stakeholders, and in particular the Sustainable Transport Forum (‘STF’) and the European Sustainable Shipping Forum (‘ESSF’). Such expert consultation is of particular importance when the Commission intends to adopt delegated or implementing acts under this Regulation.
2022/02/07
Committee: ITRE
Amendment 322 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 66 a (new)
(66 a) "payment card" means a payment service that works on the basis of a physical or digital debit or credit card and comprises payment cards embedded in a smartphone application.
2022/02/07
Committee: ITRE
Amendment 323 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 66 b (new)
(66 b) "payment service" means a payment service as defined in Article 4 (3) of Directive (EU) 2015/2366.
2022/02/07
Committee: ITRE
Amendment 327 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 1 – indent 2 a (new)
- a sufficient number of publicly accessible recharging stations for light- duty vehicles is enabledfor smart and bi- directional charging.
2022/02/07
Committee: ITRE
Amendment 370 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 3 b (new)
3 b. The Commission should review, if necessary, the targets set in this regulation for electric recharging infrastructure dedicated to light-duty vehicles to align them with the requirements set in the Regulation on the CO2 emission standards for light-duty vehicles.
2022/02/07
Committee: ITRE
Amendment 379 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a – introductory part
(a) along the TEN-T core network, publicly accessible recharging pools dedicated to heavy-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km in-between them, considering local conditions:
2022/02/07
Committee: ITRE
Amendment 393 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b – introductory part
(b) along the TEN-T comprehensive network, publicly accessible recharging pools dedicated to heavy-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 100 km in-between them, considering local conditions:
2022/02/07
Committee: ITRE
Amendment 423 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2 a. The Commission should review, if necessary, the targets set in this Regulation for electric recharging infrastructure dedicated to heavy-duty vehicles to align them with the new requirements set in the updated regulation EU 2019/1242 on the CO2 emission standards for heavy-duty vehicles.
2022/02/07
Committee: ITRE
Amendment 193 #

2021/0218(COD)

Proposal for a directive
Recital 22 a (new)
(22a) The consumption of decarbonized hydrogen sourced from process gases that are treated while applying carbon capture and storage provides a complementary lever to decarbonise industry and therefore should be excluded from the denominator of the renewable fuel of non-biological origin target for industry so to avoid discouraging investments in these industrial decarbonisation processes.
2022/03/17
Committee: ITRE
Amendment 210 #

2021/0218(COD)

Proposal for a directive
Recital 29
(29) The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport, where this is technically possible and practical. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport - FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].
2022/03/17
Committee: ITRE
Amendment 227 #

2021/0218(COD)

Proposal for a directive
Recital 32
(32) Expressing the transport target as a greenhouse gas intensity reduction target makes it unnecessary to use multipliers to promote certain renewable energy sources, except for the maritime and aviation sectors. This is because different renewable energy sources save different amounts of greenhouse gas emissions and, therefore, contribute differently to a target. Renewable electricity should be considered to have zero emissions, meaning it saves 100% emissions compared to electricity produced from fossil fuels. This will create an incentive for the use of renewable electricity since renewable fuels and recycled carbon fuels are unlikely to achieve such a high percentage of savings. Electrification relying on renewable energy sources would therefore become the most efficient way to decarbonise road transport. In addition, in order to promote the use of advanced biofuels and biogas and renewable fuels of non-biological origin in the aviation and maritime modes, which are difficult to electrify, it is appropriate to keep the multiplier for those fuels supplied in those modes when counted towards the specific targets set for those fuels.
2022/03/17
Committee: ITRE
Amendment 241 #

2021/0218(COD)

Proposal for a directive
Recital 35
(35) To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to 5 MW.deleted
2022/03/17
Committee: ITRE
Amendment 257 #

2021/0218(COD)

Proposal for a directive
Recital 37
(37) In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism for installations of between 5 and 120MW.
2022/03/17
Committee: ITRE
Amendment 275 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point -a (new)
DIRECTIVE (EU) 2018/2001
Article 2 – paragraph 2 – point 1
(-a) point (1) is replaced by the following: "(1) ‘energy from renewable sources’ or ‘renewable energy’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and geothermal energy, osmotic energy, ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogas; ' content/EN/TXT/HTML/?uri=CELEX:32018L2001&from=FR#d1e1159-82-1)" Or. en (https://eur-lex.europa.eu/legal-
2022/03/17
Committee: ITRE
Amendment 281 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive (EU) 2018/2001
Article 2 – subparagraph 2 – point 36
(36) ‘renewable fuels of non-biological origin’ means liquid and gaseous fuels the energy content of which is derived from renewable sources other than biomass;;
2022/03/17
Committee: ITRE
Amendment 347 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c – point 1 (new)
1) "co-located energy storage project" means a project encompassing an energy storage facility and a facility producing renewable energy connected behind the same grid access point;
2022/03/17
Committee: ITRE
Amendment 349 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c – point 2 (new)
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 36a (new)
2) (36a) ‘low-carbon fuels’ means liquid and gaseous fuels which save at least 70% greenhouse gas emissions in comparison to conventional liquid or gaseous fossil fuels;
2022/03/17
Committee: ITRE
Amendment 404 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
DIRECTIVE (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 1
3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimiserestricts undue distortive effects on the biomass raw material market and harmful impacts on biodiversity and the environment. To that end , they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.
2022/03/17
Committee: ITRE
Amendment 426 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
EC 2018/2001
Article 3 – paragraph 3 – subparagraph 2 – point a – point (iii)
(iii) practices which are not in line with the delegated act referred to in the third subparagraph.
2022/03/17
Committee: ITRE
Amendment 466 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
EC 2018/2001
Article 3 – paragraph 3 – subparagraph 3
No later than one year after [the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 on how to apply the cascading principle for biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to national specificities.
2022/03/17
Committee: ITRE
Amendment 480 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
DIRECTIVE (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 3
No later than one year after [the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 on how to apply the cascading principle for biomass, in particular on how to minimiserestrict the use of quality roundwood for energy production, with a focus on support schemes and with due regard to national specificities.
2022/03/17
Committee: ITRE
Amendment 503 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2018/2001
Article 3 – paragraph 4a
4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable and co-located energy storage projects power purchase agreements, enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures, to a high level of renewable electricity supply. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.;
2022/03/17
Committee: ITRE
Amendment 506 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive (EU) 2018/2001
Article 3 – paragraph 4a
4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable electricitnergy to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures, to a high level of renewable electricitnergy supply. When designing that framework, Member States shall take into account the additional renewable electricitnergy required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.;
2022/03/17
Committee: ITRE
Amendment 513 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive (EU) 2018/2001
Article 4 – paragraph 4
(2a) Paragraph 4 is replaced by the following "4. Member States shall ensure that support for electricity from renewable sources, including from co-located energy storage projects, is granted in an open, transparent, competitive, non-discriminatory and cost- effective manner. Member States shall ensure co-located energy storage projects are able to store electricity directly from the grid, without losing access to renewable energy support schemes, which should only be applied to the renewable electricity produced by the co-located facility, calculated using smart metering behind the grid access point. Member States may exempt small-scale installations and demonstration projects from tendering procedures. Member States may also consider establishing mechanisms to ensure the regional diversification in the deployment of renewable electricity, in particular to ensure cost-efficient system integration. " Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 519 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Directive (EU) 2018/2001
Article 4 – paragraph 7
(2b) Paragraph 7 is replaced by the following "7. In order to increase the generation of energy from renewable sources in the outermost regions and small islands, Member States may adapt financial support schemes for renewable and co-located energy storage projects located in those regions in order to take into account the production costs associated with their specific conditions of isolation and external dependence. " Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 535 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
DIRECTIVE (EU) 2018/2001
Article 9 – paragraph 1a
1a. By 31 December 2025, each Member State shallmay agree to establish at least one joint project with one or more other Member States for the production of renewable energy, such as offshore hybrid projects. The Commission shall be notified of such an agreement, including the date on which the project is expected to become operational. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/129425 shall be deemed to satisfy this obligation for the Member States involved.; __________________ 25 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).
2022/03/17
Committee: ITRE
Amendment 561 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
8. Member States shall assess the regulatory and administrative barriers to long-term renewables and co-located energy storage projects power purchase agreements, and shall remove unjustified barriers to, and promote the uptake of, such agreements, including by exploring how to reduce the financial risks associated with them, in particular by using credit guarantees. Member States shall ensure that those agreements are not subject to disproportionate or discriminatory procedures or charges, and that any associated guarantees of origin can be transferred to the buyer of the renewable energy under the renewable or co-located power purchase agreement.
2022/03/17
Committee: ITRE
Amendment 566 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Directive (EU) 2018/2001
Article 18 – paragraph 5
Member States shall describe their policies and measures promoting the uptake of renewables and co-located energy storage projects power purchase agreements in their integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999 and progress reports submitted pursuant to Article 17 of that Regulation. They shall also provide, in those reports, an indication of the volume of renewable power generation supported by renewables and co-located energy storage projects power purchase agreements.;
2022/03/17
Committee: ITRE
Amendment 610 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 15 a – paragraph –1
1. In order to promote the production and use of renewable energy in the building sector, Member States shall set an indicative target for the share of renewables in final energy consumption in their buildings sector in 2030 that is consistent with an indicative target of at least a 49 % share of energy from renewable sources in the buildings sector in the Union’s final consumption of energy in 2030. The national target shall be expressed in terms of share of national final energy consumption and calculated in accordance with the methodology set out in Article 7. Member States shall include their target in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it. To achieve their national indicative targets, Member States may take into account waste heat and cold.
2022/03/17
Committee: ITRE
Amendment 646 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
(6a) Paragraph 1 is replaced by the following "1. Member States shall set up or designate one or more contact points. Those contact points shall, upon request by the applicant, guide through and facilitate the entire administrative permit application and granting process. The applicant shall not be required to contact more than one contact point for the entire process. The permit- granting process shall cover the relevant administrative permits to build, repower and operate plants for the production of energy from renewable sources, including co-located energy storage projects, and assets necessary for their connection to the grid. The permit-granting process shall comprise all procedures from the acknowledgment of the receipt of the application to the transmission of the outcome of the procedure referred to in paragraph 2. " Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 658 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Member States shall ensurework towards that trained and qualified installers of renewable heating and cooling systems are available in sufficient numbers for the relevant technologies to service the growth of renewable heating and cooling required to contribute to the annual increase in the share of renewable energy in the heating and cooling sector as set out in Article 23.
2022/03/17
Committee: ITRE
Amendment 683 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a – point i
Directive (EU) 2018/2001
Article 19 – paragraph 2
To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources, unless Member States decide, for the purposes of accounting for the market value of the guarantee of origin, not to issue such a guarantee of origin to a producer that receives financial support from a support scheme. Member States may arrange for guarantees of origin to be issued for energy from non- renewable sources. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each unit of energy produced.;
2022/03/17
Committee: ITRE
Amendment 686 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a – point i
Directive (EU) 2018/2001
Article 19 – paragraph 2 – subparagraph 1
To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources and from a producer of low-carbon fuels. Member States may arrange for guarantees of origin to be issued for energy from non- renewable sources. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each unit of energy produced.;
2022/03/17
Committee: ITRE
Amendment 753 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10
DIRECTIVE (EU) 2018/2001
Article 20a – paragraph 4
4. Member States shall ensure that all means of electricity generation, including renewable electricity production units, are involved in providing system and balancing services. Member States shall also ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services, of small or mobile systems such as domestic batteries and electric vehicles, as well as decentralised energy resources with a capacity under 1MW participating to the system, both directly and through aggregation.;
2022/03/17
Committee: ITRE
Amendment 768 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive (EU) 2018/2001
Article 22a – paragraph 1 – subparagraph 1
1. Member States shall endeavour to increase the share of renewable sources in the amount of energy sources used for final energy and non-energy purposes in the industry sector by an indicative average minimum annual increase of 1.1 percentage points by 2030, taking into account the varying energy demand of industries in different Member States.
2022/03/17
Committee: ITRE
Amendment 771 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive (EU) 2018/2001
Article 22a – paragraph 1 – subparagraph 1
1. Member States shall endeavour to increase the share of renewable sources and low-carbon fuels in the amount of energy sources used for final energy and non-energy purposes in the industry sector by an indicative average minimum annual increase of 1.1 percentage points by 2030.
2022/03/17
Committee: ITRE
Amendment 787 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Member States shall ensure that the contribution of renewable fuels of non- biological origin used for final energy and non-energy purposes shall be 50 30% of the hydrogen used for final energy and non- energy purposes in industry by 2026, and 40% by 2030. For the calculation of that percentage, the following rules shall apply:
2022/03/17
Committee: ITRE
Amendment 789 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive (EU) 2018/2001
Article 22a – paragraph 1 – subparagraph 3
Member States shall ensure that the contribution of renewable fuels of non- biological origin and low-carbon fuels used for final energy and non-energy purposes shall be 50 % of the hydrogen used for final energy and non- energy purposes in industry by 2030. For the calculation of that percentage, the following rules shall apply:
2022/03/17
Committee: ITRE
Amendment 802 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive (EU) 2018/2001
Article 22a – paragraph 1 – subparagraph 3 – point b
(b) For the calculation of the numerator, the energy content of the renewable fuels of non-biological origin and low-carbon fuels consumed in the industry sector for final energy and non- energy purposes shall be taken into account, excluding renewable fuels of non- biological origin used as intermediate products for the production of conventional transport fuels.
2022/03/17
Committee: ITRE
Amendment 875 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Directive (EU) 2018/2001
Article 23 – paragraph 4
(e) creation of risk mitigation frameworks to reduce the cost of capital for renewable heat and cooling and waste heat and cold projects;
2022/03/17
Committee: ITRE
Amendment 894 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Directive (EU) 2018/2001
Article 23 – paragraph 4
(ia) measures promoting the integration of thermal energy storage technologies in heating and cooling systems .
2022/03/17
Committee: ITRE
Amendment 928 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 – point c
Directive (EU) 2018/2001
Article 24 – paragraph 4a
4a. Member States shall ensure that operators of district heating or cooling systems above 25 MWth capacity are obliencouraged to connect third party suppliers of energy from renewable sources and from waste heat and cold or are obliencouraged to offer to connect and purchase heat or cold from renewable sources and from waste heat and cold from third-party suppliers based on non-discriminatory criteria set by the competent authority of the Member State concerned, where such operators need to do one or more of the following:
2022/03/17
Committee: ITRE
Amendment 931 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 – point d
DIRECTIVE (EU) 2018/2001
Article 24 – paragraph 5
5. Member States may allow aAn operator of a district heating or cooling system tomay refuse to connect and to purchase heat or cold from a third-party supplier in any of the following situations:
2022/03/17
Committee: ITRE
Amendment 974 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25 – paragraph 1 – subparagraph 1 – point b
(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 0,5 % in 2025 and 2,2 % in 2030, and the share of renewable fuels of non-biological origin and low-carbon fuels is at least 2,6 % in 2030.
2022/03/17
Committee: ITRE
Amendment 975 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25 – paragraph 1
(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 0,5 % in 2025 and 2,2 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 % in 2028 and 4 % in 2030.
2022/03/17
Committee: ITRE
Amendment 979 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
DIRECTIVE (EU) 2018/2001
Article 25 – paragraph – point b a new
(ba) fuel suppliers deliver at least 1.3% of renewable fuels of non-biological origin to maritime and aviation modes.
2022/03/17
Committee: ITRE
Amendment 991 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
EC 2018/2001
Article 25 – paragraph 1 – point b – subparagraph 2
For the calculation of the reduction referred to in point (a) and the share referred to in point (b), Member States shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventionaltransport fuels. For the calculation of the reduction referred to in point (a), Member States may take into account recycled carbon fuels.
2022/03/17
Committee: ITRE
Amendment 1001 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
DIRECTIVE (EU) 2018/2001
Article 25 – paragraph 1 – subparagraph 3 new
When setting the obligation referred to in the first subparagraph to ensure the achievement of the targets set out therein, Member States may do so, inter alia, by means of measures targeting volumes, energy content or greenhouse gas emissions, provided that it is demonstrated that the greenhouse gas intensity reduction and minimum shares referred to in the first subparagraph are achieved.
2022/03/17
Committee: ITRE
Amendment 1005 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25 – paragraph 2
2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electric vehicles through public and non public recharging stations for light and heavy duty vehicles shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.; The allocation of credits shall be based on accurate information backed-up by guarantees of origin referred to in Article 19 and relying on information shared by system operators on the share of renewable electricity.
2022/03/17
Committee: ITRE
Amendment 1011 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25 – paragraph 2
2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy and low-carbon fuels to the transport sector. Economic operators that supply renewable electricity to electric vehicles through public recharging stations, renewable energy or low-carbon fuels shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.;
2022/03/17
Committee: ITRE
Amendment 1031 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a – point i
Directive (EU) 2018/2001
Article 26 – paragraph 1 – first subparagraph
For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of other than high indirect land use change risk feedstock for which a significant expansion of the production area into land with high carbon stock is observed, shall be no more than 7 % of the final consumption of energy in the transport sector in that Member State.;at EU level.
2022/03/17
Committee: ITRE
Amendment 1037 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a – point i a (new)
Directive (EU) 2018/2001
Article 26 – first paragraph – second subparagraph
(ia) the second subparagraph is deleted
2022/03/17
Committee: ITRE
Amendment 1059 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Directive (EU) 2018/2001
Article 27 – paragraph 1 – subparagraph 1 – point a – point ii
(ii) for renewable fuels of non- biological origin, low-carbon fuels and recycled carbon fuels, by multiplying the amount of these fuels that is supplied to all transport modes by their emissions savings determined in accordance with delegated acts adopted pursuant to Article 29a(3);
2022/03/17
Committee: ITRE
Amendment 1069 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
EC 2018/2001
Article 27 – paragraph 1 – point a – point iii
(iii) for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator ECF(et) set out in in Annex V;
2022/03/17
Committee: ITRE
Amendment 1119 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii
Directive (EU) 2018/2001
Article 27 – paragraph 3 – subparagraph 5
However, electricity obtained from direct connection to an installation generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non- biological origin, provided that the installation:.;
2022/03/17
Committee: ITRE
Amendment 1125 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii a (new)
Directive (EU) 2018/2001
Article 27 – paragraph 3 – subparagraph 5 – point a, b
(a) comes into operation after, or at the same time as, the installation producing the renewable liquid and gaseous transport fuels of non-biological origin; and (b) is not connected to the grid or is connected to the grid but evidence can be provided that the electricity concerned has been supplied without taking electricity from the grid. iiia) points a and b are deleted " " Or. en (Document 32018L2001)
2022/03/17
Committee: ITRE
Amendment 1127 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii a (new)
DIRECTIVE (EU) 2018/2001
Article 27 – paragraph 3 – fifth subparagraph – point (a)
(a) comes into operation after, or at the same time as, the installation producing the renewable liquid and gaseous transport fuels of non-biological origin; and iiia) point (a) is deleted " " Or. en (DIRECTIVE (EU) 2018/2001)
2022/03/17
Committee: ITRE
Amendment 1130 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii b (new)
Directive (EU) 2018/2001
Article 27 – paragraph 3 – subparagraph 7
By 31 December 2021, the Commission shall adopt a delegated act in accordance with Article 35 to supplement this Directive by establishing a Union methodology setting out detailed rules by which economic operators are to comply with the requirements laid down in the fifth and sixth subparagraphs of this paragraph. (iii b) Subparagraph 7 is deleted " " Or. en (Document 32018L2001)
2022/03/17
Committee: ITRE
Amendment 1131 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii b (new)
(iii b) The eight subparagraph is amended as follows "Electricity that has been taken from the grid may be counted as fully renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated, ensuring that the renewable properties of that electricity are claimed only once and only in one end-use sector. " Or. en (DIRECTIVE (EU) 2018/2001)
2022/03/17
Committee: ITRE
Amendment 1134 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Directive (EU) 2018/2001
Article 27 – paragraph 3 – subparagraph 6
(16a) "Electricity that has been taken from the grid or reinjected from an energy storage facility may be counted as fully renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated, ensuring that the renewable properties of that electricity are claimed only once and only in one end-use sector. " Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 1153 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point ii
Directive (EU) 2018/2001
Article 29 – point 1
— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 510 MW,
2022/03/17
Committee: ITRE
Amendment 1156 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point ii
Directive (EU) 2018/2001
Article 29 – paragraph 1 – subparagraph 4 – point a
— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 520 MW,
2022/03/17
Committee: ITRE
Amendment 1158 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point ii
Directive (EU) 2018/2001
Article 29 – point 1
- (b) in the case of bioliquids, in installation producing electricity, heating and cooling with a total rated thermal input equal or exceeding 10MW,
2022/03/17
Committee: ITRE
Amendment 1166 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a (new)
Directive (EU) 2018/2001
Article 29 point 13
(aa) Article 29 point 13 is amended as follows: "For the purposes referred to in point (c) of the first subparagraph of paragraph 1 of this Article, Member States may derogate, for a limited period of time, from the criteria laid down in paragraphs 2 to 7 and 10and 11 of this Article by adopting different criteria for: (a) installations located in an outermost region as referred to in Article 349 TFEU to the extent that such facilities produce electricity or heating or cooling from biomass fuels as well as the transport sector and in particular the space sector ; and (b) biomass fuels used in the installations and the transport sector referred to in point (a) of this subparagraph, irrespective of the place of origin of that biomass, provided that such criteria are objectively justified on the grounds that their aim is to ensure, for that outermost region, a smooth phase- in of the criteria laid down in paragraphs 2 to 7 and 10 and 11 of this Article and thereby incentivise the transition from fossil fuels to sustainable biomass fuels. The different criteria referred to in this paragraph shall be subject to a specific notification by the relevant Member State to the Commission. " Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv:OJ.L_.2018.328.01.0082.01.ENG)
2022/03/17
Committee: ITRE
Amendment 1200 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive (EU) 2018/2001
Article 29a – title
Greenhouse gas emissions saving criteria for renewable fuels of non-biological origin, low-carbon fuels and recycled carbon fuels
2022/03/17
Committee: ITRE
Amendment 1203 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive (EU) 2018/2001
Article 29a – paragraph 1a (new)
1a. Energy from low-carbon fuels shall be counted only towards the targets referred to in Articles 22a(1) and 25(1), provided that the greenhouse gas emissions savings from the use of those fuels are at least 70 %. It shall not count towards the binding overall Union target for the share of renewable sources in the Union's gross final consumption of energy in 2030.
2022/03/17
Committee: ITRE
Amendment 1209 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive (EU) 2018/2001
Article 29a – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin, low-carbon fuels and from recycled carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for CO2 the capture of which has already received an emission credit under other provisions of law.;
2022/03/17
Committee: ITRE
Amendment 1216 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point a
Directive (EU) 2018/2001
Article 30 – paragraph 1
Where renewable fuels, low-carbon fuels and recycled carbon fuels are to be counted towards the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1), Member States shall require economic operators to show that the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2) for renewable fuels, low-carbon fuels and recycled- carbon fuels have been fulfilled. For that purpose, they shall require economic operators to use a mass balance system which:;
2022/03/17
Committee: ITRE
Amendment 1226 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point b
Directive (EU) 2018/2001
Article 30 – paragraph 3 – subparagraph 2
The obligations laid down in this paragraph shall apply regardless of whether renewable fuels, low-carbon fuels and recycled carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.;
2022/03/17
Committee: ITRE
Amendment 1227 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point c
Directive (EU) 2018/2001
Article 30 – paragraph 4 – subparagraph 1
The Commission may decide that voluntary national or international schemes setting standards for the production of renewable fuels, low-carbon fuels and recycled carbon fuels, provide accurate data on greenhouse gas emission savings for the purposes of Articles 29(10) and 29a (1) and (2), demonstrate compliance with Articles 27(3) and 31a(5), or demonstrate that consignments of biofuels, bioliquids and biomass fuels comply with the sustainability criteria laid down in Article 29(2) to (7). When demonstrating that the criteria laid down in Article 29(6) and (7) are met, the operators may provide the required evidence directly at sourcing area level. The Commission may recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 29(3), first subparagraph, point (c)(ii).;
2022/03/17
Committee: ITRE
Amendment 1231 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point d
EC 2018/2001
Article 30 – paragraph 6 – subparagraph 4
For installations producing electricity heating and cooling with a total rated thermal input between 5 and 120 MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.;
2022/03/17
Committee: ITRE
Amendment 1232 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point d
For installations producing electricity heating and cooling with a total rated thermal input between 5 and 105 MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.;
2022/03/17
Committee: ITRE
Amendment 1233 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point f
Directive (EU) 2018/2001
Article 30 – paragraph 10 – subparagraph 1
At the request of a Member State, which may be based on the request of an economic operator, the Commission shall, on the basis of all available evidence, examine whether the sustainability and greenhouse gas emissions saving criteria laid down in Article 29(2) to (7) and (10) and Article 29a(1) and (2) in relation to a source of renewable fuels, low-carbon fuels and recycled carbon fuels have been met.
2022/03/17
Committee: ITRE
Amendment 1234 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point f
Directive (EU) 2018/2001
Article 30 – paragraph 10 – subparagraph 2 – point a
(a) take into account the renewable fuels, low-carbon fuels and recycled carbon fuels from that source for the purposes referred to in points (a), (b) and (c) of the first subparagraph of Article 29(1); or
2022/03/17
Committee: ITRE
Amendment 1235 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point f
Directive (EU) 2018/2001
Article 30 – paragraph 10 – subparagraph 2 – point b
(b) by way of derogation from paragraph 9 of this Article, require suppliers of the source of renewable fuels, low-carbon fuels and recycled carbon fuels to provide further evidence of compliance with those sustainability and greenhouse gas emissions saving criteria and those greenhouse gas emissions savings thresholds.;
2022/03/17
Committee: ITRE
Amendment 1242 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive (EU) 2018/2001
Article 31a point 1
1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels and recycled carbon fuels by the end of 2022.
2022/03/17
Committee: ITRE
Amendment 1243 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive (EU) 2018/2001
Article 31a – paragraph 1
1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels, low-carbon fuels and recycled carbon fuels.
2022/03/17
Committee: ITRE
Amendment 1258 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 a (new)
"Renewable liquid and gaseous transport fuels of non-biological origin are important to increase the share of renewable energy in sectors that are expected to rely on liquid fuels in the long term. To ensure that renewable fuels of non-biological origin contribute to greenhouse gas reduction, the electricity used for the fuel production should be of renewable origin. The Commission should develop, by means of delegated acts, aA reliable Union methodology to be applied where such electricity is taken from the grid. That methodology should ensure that there is a temporal and geographical correlation between the electricity production unit with which theused to producer has a bilateral renewables power purchase agreement and the fuel production. For example, renewable fuels of non-biological origin cannot be counted as fully renewable if they are produced when the contracted renewable generation unit is not generating electricity. Another example is the case of electricity grid congestion, where fuels can be counted as fully renewable only when both the electricity generation and the fuel production plants are located on the same side in respect of the congestion. Furthermore, there should be an element of additionality, meaning that the fuel producer is adding to the renewable deployment or to the financing of renewable energy ydrogen is of renewable origin in a way that prevent double counting, using for example guarantees of origin. " Or. en (DIRECTIVE (EU) 2018/2001)
2022/03/17
Committee: ITRE
Amendment 1286 #

2021/0218(COD)

Proposal for a directive
Annex I – paragraph 1 – point 5 – point c
EC 2018/2001
Annex V – point 18
18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co- products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery;
2022/03/17
Committee: ITRE
Amendment 1295 #

2021/0218(COD)

Proposal for a directive
Annex I – paragraph 1 – point 6 – point c
EC 2018/2001
Annex VI – point 18 – subparagraph 3
Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D of Annex V.
2022/03/17
Committee: ITRE
Amendment 1301 #

2021/0218(COD)

Proposal for a directive
Annex I – paragraph 1 – point 8 – point a
Directive (EU) 2018/2001
Annex IX – Part A – point r (new)
(r) Cover crops with a certified low ILUC impact;
2022/03/17
Committee: ITRE
Amendment 95 #

2021/0214(COD)

Proposal for a regulation
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition., whilst preserving and promoting the development of European industries and ensuring an equal level playing field with regard to their competitiveness on EU and global markets;
2022/02/08
Committee: ITRE
Amendment 115 #

2021/0214(COD)

Proposal for a regulation
Recital 11
(11) The CBAM seeks to gradually 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 and by ensuring that EU export products are not replaced by more carbon intensive products, which would undermine the objective of reducing global emissions. To ensure a gradual transition from the current system of free allowances to the CBAM while preserving EU competitiveness, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased outgradually phased out after an assessment by the Commission has proven that the regulation is effective in protection from the risk of carbon leakage for both imports and exports. The gradual phase-out of free allowance is essential to ensure a just transition for energy- intensive sectors. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
2022/02/08
Committee: ITRE
Amendment 128 #

2021/0214(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) The phasing-out of free allowances has to take into consideration the EU´s exporting industry. A phase-out of free allowances can only happen gradually as it otherwise would put European exports at a stark competitive disadvantage and, in the absence of a global carbon price, consequently lead to carbon leakage. It needs to be ensured that EU export products are not replaced by more carbon intensive products, which would undermine the objective of reducing global emissions. Therefore free allowances shouldn’t be fully erased with the introduction of the CBAM and should be reserved for EU export goods to ensure a level playing field. These measures for exports have to remain WTO-compliant and consistent with the EU’s environmental objectives. The gradual phasing out should only happen after an assessment by the Commission has proven that the CBAM is effective in protection from the risk of carbon leakage from both imports and exports.
2022/02/08
Committee: ITRE
Amendment 131 #

2021/0214(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) The phasing-out of free allowances has to take into consideration the EU´s exporting industry. A phase-out of free allowances can only happen gradually as it otherwise would put European exports at a stark competitive disadvantage and, in the absence of a global carbon price, consequently lead to carbon leakage. It needs to be ensured that EU export products are not replaced by more carbon intensive products, which would undermine the objective of reducing global emissions. Therefore, free allowances should not be fully erased with the introduction of the CBAM and should be reserved for EU export goods to ensure a level playing field. These measures for exports have to remain WTO-compliant and consistent with the EU’s environmental objectives. The gradual phasing out should only happen after an assessment by the Commission has proven that the CBAM is effective in protection from the risk of carbon leakage from both imports and exports.
2022/02/02
Committee: ECON
Amendment 131 #

2021/0214(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) The progressive phase-in of the CBAM and phase-out of free allocations should be accompanied by an annual review mechanism in order to realistically assess the feasibility of any further phase- out of free allocations should the CBAM be unable to adequately protect European industry against carbon leakage. Key indicators of this assessment include the profitability of European producers in the sectors covered by the CBAM, the evolution of EU market and domestic demand, as well as trade flows of European imports and exports in CBAM sectors;
2022/02/08
Committee: ITRE
Amendment 135 #

2021/0214(COD)

Proposal for a regulation
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. The Commission should regularly assess and monitor whether the CBAM encourages the use of more GHG emission-efficient technologies in third countries, in coordination with the affected industrial sectors and broader stakeholders, and provide additional measures where necessary.
2022/02/08
Committee: ITRE
Amendment 148 #

2021/0214(COD)

Proposal for a regulation
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS, resulting in an equalisation of carbon costs between imported and domestic products. 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.
2022/02/08
Committee: ITRE
Amendment 175 #

2021/0214(COD)

Proposal for a regulation
Recital 19 a (new)
(19 a) In order to not disproportionately hinder existing trade flows by CBAM obligations, we must do the utmost to reduce unnecessary administrative burden, for instance by recognition of third countries’ emission monitoring systems.
2022/02/08
Committee: ITRE
Amendment 176 #

2021/0214(COD)

Proposal for a regulation
Recital 20
(20) The CBAM system has some specific features compared with the EU ETS, including on the calculation of the price of CBAM certificates, on the possibilities to trade certificates and on their validity over time. These are due to the need to preserve the effectiveness of the CBAM as a measure preventing carbon leakage over time and to ensure that the management of the system is not excessively burdensome, in particular for SMEs, in terms of obligations imposed on the operators and of resources for the administration, while at the same time preserving an equivalent level of flexibility available to operators under the EU ETS.
2022/02/08
Committee: ITRE
Amendment 185 #

2021/0214(COD)

Proposal for a regulation
Recital 23 a (new)
(23 a) Given the unique nature of the CBAM and the need for close EU coordination, a centralized CBAM authority at EU level should be established to properly implement and monitor the import and export provisions of the CBAM, and to avoid unnecessary administrative burdens on competent national authorities.
2022/02/08
Committee: ITRE
Amendment 248 #

2021/0214(COD)

Proposal for a regulation
Recital 50
(50) A transitional period should apply during the period 2023 until 2025 and shall be used for data collection and analysis of the impact of CBAM on the industries concerned, with particular focus of the potential impact of the phase- out of free allocations . A CBAM without financial adjustment should apply, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
2022/02/08
Committee: ITRE
Amendment 255 #

2021/0214(COD)

Proposal for a regulation
Recital 50 a (new)
(50 a) The transitional period should serve to evaluate the overall efficiency of the CBAM in preventing carbon leakage and achieving emission reduction targets, as well as to evaluate its WTO compatibility and its effectiveness in encouraging external trade partners to adopt more ambitious climate policies.
2022/02/08
Committee: ITRE
Amendment 267 #

2021/0214(COD)

Proposal for a regulation
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on assessing the risk of EU exports on global markets being replaced by more carbon intensive goods or by goods that are not subject to equivalent carbon costs. The Commission report shall be accompanied by a legislative proposal to develop WTO- compatible solutions such as export adjustments mechanisms to avoid carbon leakage on European exports, while preserving emission reduction targets. The report should also include possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information and evidence-based impact assessments necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
2022/02/08
Committee: ITRE
Amendment 276 #

2021/0214(COD)

Proposal for a regulation
Recital 52 a (new)
(52 a) If after the transitional period, the evidence collected by the Commission indicates that the potential costs of the CBAM outweigh its benefits and the CBAM cannot effectively protect European industries falling with its scope against carbon leakage, a further phase- in of the CBAM and phase-out of free allowances should be paused until an effective solution is found.
2022/02/08
Committee: ITRE
Amendment 291 #

2021/0214(COD)

Proposal for a regulation
Recital 55 a (new)
(55 a) The Commission shall regularly inform the European Parliament on its progress in dialogue with third countries and on any possible negative impacts of the CBAM on the industries affected by this Regulation.
2022/02/08
Committee: ITRE
Amendment 336 #

2021/0214(COD)

Proposal for a regulation
Article 2 – paragraph 7 – point c
(c) the third country or territory has submitted a public and verifiable roadmap to the Commission, containing a timetable for the adoption of measures to implement the conditions set out in points (d) and (e);
2022/02/08
Committee: ITRE
Amendment 337 #

2021/0214(COD)

Proposal for a regulation
Article 2 – paragraph 7 – point d
(d) the third country or territory has committed to climate neutrality by 2050 and has accordingly formally formulated and communicated, where applicable, to the United Nations Framework Convention on Climate Change a mid-century, long- term low greenhouse gas emissions development strategy aligned with that objective, and has credibly and effectively implemented that obligation in its domestic legislation;
2022/02/08
Committee: ITRE
Amendment 367 #

2021/0214(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘competent authority’ means the CBAM authority, established at EU level and the national authority designated by each Member State in accordance with Article 11 of this Regulation;
2022/02/08
Committee: ITRE
Amendment 408 #

2021/0214(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The authorised declarant shall ensure that the total embedded emissions declared in the CBAM declaration submitted pursuant to Article 6 are verified by a verifier accredited pursuant to Article 18, based on the verification principles set out in Annex V. The competent authority is authorised to verify the accuracy of the information in the CBAM declaration.
2022/02/08
Committee: ITRE
Amendment 443 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 1 – introductory part
1. Each Member State shall designate the competent authority to carry out the obligations under this Regulation and inform the Commission thereofA central CBAM authority at EU level is established for the purpose of implementing and managing this Regulation.
2022/02/08
Committee: ITRE
Amendment 487 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The CommissionEU CBAM authority shall establish a central database at EU level accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.
2022/02/08
Committee: ITRE
Amendment 493 #

2021/0214(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. The CommissionEU CBAM authority shall act as central administrator to maintain an independent transaction log recording the purchase of CBAM certificates, their holding, surrender, re-purchase and cancellation and ensure coordination of national registries.
2022/02/08
Committee: ITRE
Amendment 649 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. The Commission shall collect , in consultation with the relevant stakeholders, the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, and develop methods of calculating embedded emissions based on environmental footprint methods.
2022/02/08
Committee: ITRE
Amendment 653 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular,highlight, in particular: a) whether the Regulation effectively achieves carbon cost equalisation between imported and domestic products. b) whether the CBAM effectively mitigates carbon leakage for both imports and exports. c) whether the CBAM effectively contributes to reducing carbon emissions in third countries. d) whether the CBAM operates effectively and does not lead to forms of circumvention. e) whether, based on the above, the gradual phase-out of free allocations given in relation to the production of products listed in Annex I of the Regulation shall be initiated. f) the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also containg) the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
2022/02/08
Committee: ITRE
Amendment 670 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 3
3. The report by the Commission shall, if appropriate, be accompanied by a legislative proposal to address in particular the risk of carbon leakage on export markets. This proposal shall consider WTO-compatible solutions such as export adjustment mechanisms that would equalise carbon costs, taking into account the carbon pricing schemes developed by third countries. Such export mechanisms shall be emission performance-based in order to preserve an incentive for GHG emission reduction.
2022/02/08
Committee: ITRE
Amendment 54 #

2021/0213(CNS)

Proposal for a directive
Recital 10
(10) In the interest of fiscal neutrality, the same minimum levels of taxation should apply for each component of energy taxation, to all energy products put to a given use. Where equal minimum levels of taxation are thus set, Member States should, also for reason of fiscal neutrality, ensure equal levels of national taxation on all products concerned.
2022/03/09
Committee: ITRE
Amendment 65 #

2021/0213(CNS)

Proposal for a directive
Recital 13
(13) As a general principle, Member States should apply to energy products and electricity levels of taxation not less than the minimum levels of taxation as set out by the Directive. Member States should be permitted to comply with the Union minimum taxation levels by taking into account the total charge levied in respect of all indirect taxes which they have chosen to apply (excluding VAT).deleted
2022/03/09
Committee: ITRE
Amendment 76 #

2021/0213(CNS)

Proposal for a directive
Recital 18
(18) Energy products used as a motor fuel for certain purposes and those used as heating fuel are normally taxed at lower levels than those applicable to energy products used as a propellant. Electricity should always be among the least taxed energy sources in view of fostering its use, notably in the transport sector. To that purpose, Member States should endeavour to apply the same level of taxation to electricity used to charge electric vehicles as for heating purposes during the necessary time following the entry into force of this Directive.
2022/03/09
Committee: ITRE
Amendment 94 #

2021/0213(CNS)

Proposal for a directive
Recital 3
(3) It is necessary to ensure that clear taxation rules for energy products and electricity continue to contribute to the smooth functioning of the internal market while at the same time tackling the climate and environmental-related challenges in the context of the Communication from the Commission ‘The European Green Deal’28 . Energy taxation can contribute to the ambition of at least 55 % reduction in net greenhouse gas emissions by 2030 compared to 1990, as well as to the objective of zero pollution through the implementation of the polluter-pays principle, by ensuring that the taxation of motor fuels, heating fuels and electricity better reflects the impact they have on the environment and on healthnew Union energy targets for 2030. However, it remains essential that the Union climate policy and energy taxation are regarded as two different aspects. Thus, seeing the Union energy taxation as a tool to incentivise climate-neural policy developments. The contribution of energy taxation to those objectives has been endorsed by the Council Conclusions on the EU energy taxation framework29 . _________________ 28 COM(2019) 640 final of 11 December 2019. 29 14861/19 of 5 December 2019.
2022/04/08
Committee: ECON
Amendment 102 #

2021/0213(CNS)

Proposal for a directive
Recital 4
(4) Environmental taxation can be a cost-effective mean for Member States to achieve the targeted reductions of greenhouse gasses. The proper functioning of the internal market requires common rules on that taxation. To that end, this Directive should foster energy efficiency in a technology neutral manner, while CO2price signals should be given by the EU Emissions Trading System.
2022/04/08
Committee: ECON
Amendment 110 #

2021/0213(CNS)

Proposal for a directive
Recital 5 a (new)
(5 a) Member States should earmark the revenues obtained by taxation of kerosene and bunker oil in order to support sustainable investments in the aviation and maritime sector and to assist these sectors to achieve the goals of the European Green Deal. For the inland waterway sector, the relevant tax revenues can be a financing source for the European Inland Waterway Fund.1a This Fund should include a one-stop-shop system that is easily accessible for help and assistance and has the possibility to combine projects into a single application, thus increasing the chances for funding. The Fund should complement the existing reserve funds created under Regulation (EU) No 546/2014, with additional financial contributions from the Union and national financing instruments, in order to leverage further investments from the industry and to address the current investment gap approaching EUR 10 billion in financing the sustainable transition.1b The Fund should provide for the possibility of blending with the CEF, the European Structural and Investment Funds, including the Cohesion Fund, and financing instruments from the European Investment Bank. _________________ 1a European Parliament resolution of 14 September 2021 towards future-proof inland waterway transport in Europe (2021/2015(INI)), p.14; European Commission Communication 'NAIADES III' (COM(2021) 324), p. 13 1b Development Centre for Ship Technology and Transport Systems (DST), Assessment of technologies in view of zero-emission IWT’, part of the overarching study by the Central Commission for the Navigation of the Rhine entitled Financing the energy transition towards a zero-emission European IWT sector, Report No 2293, p. 95.
2022/04/08
Committee: ECON
Amendment 119 #

2021/0213(CNS)

Proposal for a directive
Recital 13
(13) As a general principle, Member States should apply to energy products and electricity levels of taxation not less than the minimum levels of taxation as set out by the Directive in order to generate a level playing field between Member States as well as competitiveness. Member States should be permitted to comply with the Union minimum taxation levels by taking into account the total charge levied in respect of all indirect taxes which they have chosen to apply (excluding VAT).
2022/04/08
Committee: ECON
Amendment 127 #

2021/0213(CNS)

Proposal for a directive
Recital 17 a (new)
(17 a) Energy taxation should only apply to final consumption, and neither energy use within the energy value chain nor any form of conversion or storage should be taxed. That principle should apply to all forms of energy-conversion processes and to energy products and electricity used for the transport and storage of energy products and electricity. In that context, conversion should be understood as the process of converting one form of energy into another, such as using natural gas to generate electricity or producing hydrogen from electricity or natural gas.
2022/04/08
Committee: ECON
Amendment 131 #

2021/0213(CNS)

Proposal for a directive
Recital 28
(28) Targeted reductions in the tax level may prove necessary to tackle the social impact of energy taxes. An exemption from taxation may temporarily prove necessary to protect vulnerable households based on a long-term plan for a European-wide energy independence strategy.
2022/03/09
Committee: ITRE
Amendment 140 #

2021/0213(CNS)

Proposal for a directive
Recital 20 a (new)
(20 a) In order to ensure connectivity, air and water navigation remain important sectors. However, in order to remain competitive internationally and create a level playing field, an international approach to energy taxation should be considered.
2022/04/08
Committee: ECON
Amendment 143 #

2021/0213(CNS)

Proposal for a directive
Recital 29
(29) In view of the financial, economic and environmental effects on each Member State, such as the need of electrificdecarbonisation of the transport sector, it is necessary to provide for a procedure authorising the introduction by Member States, for a set period, of other exemptions or reduced levels of taxation. For reasons of protection of environment and human health, including the reduction of air pollution, it is necessary to provide for a procedure authorising the introduction by Member States, for a set period, of specific increased rates. Such authorisation, following a justified request by Member States and on a proposal from the Commission, should be adopted by means of a Council implementing decision in accordance with Article 291 of the TFEU. Such measures should be under regular review.
2022/03/09
Committee: ITRE
Amendment 157 #

2021/0213(CNS)

(23 a) In line with the proposal for a Regulation on the deployment of alternative fuels infrastructure and the proposal for a Regulation on the use of renewable and low-carbon fuels in maritime transport, this Directive should promote the cost-efficient deployment of installations and the use of shore-side electricity by providing a permanent tax exemption to shore-side electricity, thereby setting the right incentives.
2022/04/08
Committee: ECON
Amendment 173 #

2021/0213(CNS)

Proposal for a directive
Recital 27
(27) Targeted exemptions or reductions in the tax level may prove necessary to incentivise the achievement of environmental protection objectives and, the improvements in energy efficiency and the international competitiveness of the Union productive sector.
2022/04/08
Committee: ECON
Amendment 178 #

2021/0213(CNS)

Proposal for a directive
Recital 28
(28) Targeted exemptions or reductions in the tax level may prove necessary to tackle the social impact of energy taxes. An exemption from taxation may temporarily prove necessary to protect vulnerable households recognised as lower and middle income by Member States.
2022/04/08
Committee: ECON
Amendment 180 #

2021/0213(CNS)

Proposal for a directive
Article 4 – paragraph 1
1. The levels of taxation which Member States shall apply to the energy products and electricity listed in Article 2 may not be less than the minimum levels of taxation prescribed by this Directive.deleted
2022/03/09
Committee: ITRE
Amendment 220 #

2021/0213(CNS)

Proposal for a directive
Article 10 – paragraph 1
As from 1 January 2023 , the minimum levels of taxation applicable to electricity shall be fixed as set out in Table D of Annex I .deleted
2022/03/09
Committee: ITRE
Amendment 232 #

2021/0213(CNS)

Proposal for a directive
Article 5 – paragraph 2
2. The minimum levels of taxation laid down in this Directive shall be adapted every year starting from 1 January 2024 to take account of the changes in the harmonised index of consumer prices excluding energy and unprocessed food as published by Eurostat. The minimum levels shall be adapted automatically, by increasing or decreasing the base amount in euro by the percentage change in that index over the preceding calendar year. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend the minimum levels of taxation as referred to in the first subparagraph.deleted
2022/04/08
Committee: ECON
Amendment 239 #

2021/0213(CNS)

Proposal for a directive
Article 7 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table A of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply. until 1 January 2033.
2022/04/08
Committee: ECON
Amendment 245 #

2021/0213(CNS)

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table B of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033permanently.
2022/04/08
Committee: ECON
Amendment 250 #

2021/0213(CNS)

Proposal for a directive
Article 9 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table C of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033permanently.
2022/04/08
Committee: ECON
Amendment 266 #

2021/0213(CNS)

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
The minimum levels of taxation referred to in the first subparagraph shall start from zero and increase each year by one tenth of the final minimum rates, set out in Tables A and D of Annex I, over a transitional period of ten years. A minimum rate of zero shall apply to sustainable biofuels and biogas, low-carbon fuels, renewable fuels of non-biological origin, advanced sustainable biofuels and biogas, and electricity over that transitional period of ten years.
2022/04/08
Committee: ECON
Amendment 283 #

2021/0213(CNS)

Proposal for a directive
Article 14 – paragraph 5 a (new)
5 a. The revenues generated shall be earmarked by the Member States and used to support projects and investments in the aviation sector. The eligible projects and investments should focus on energy efficiency, energy transition, sustainable and circular airports, innovative technologies and the deployment of alternative fuels infrastructure, supporting the decarbonisation of the sector.
2022/04/08
Committee: ECON
Amendment 289 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Over a transitional period of ten years, mMinimum rates of zero shall apply to sustainable biofuels and biogas, low- carbon-fuels, renewable fuels of non- biological origin, advanced sustainable biofuels and biogas and electricity.
2022/04/08
Committee: ECON
Amendment 294 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 2
2. Member states may exempt or apply the same levels of taxation applied for intra-EU waterborne navigation to extra-EU waterborne navigation according to the type of activity.
2022/04/08
Committee: ECON
Amendment 296 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 5
5. Member States mayshall apply under fiscal control total or partial exemptions to electricity directly supplied to vessels berthed in ports.
2022/04/08
Committee: ECON
Amendment 298 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 5 a (new)
5 a. The revenues related to inland waterway transport shall be used to set up a dedicated EU inland waterway fund. The eligible projects and investments shall focus on ship retrofitting and renewal in order to improve the energy efficiency of ships and support investments in innovative and energy-saving technologies as well as port infrastructure, such as the deployment of alternative fuels, supporting the decarbonisation of the sector.
2022/04/08
Committee: ECON
Amendment 299 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 5 a (new)
5 a. The revenues related to maritime transport shall be earmarked by the Member States and used to support projects and investments in the maritime sector. The eligible projects and investments shall focus on energy efficiency, energy transition, sustainable and circular ports, innovative technologies and the deployment of alternative fuels infrastructure, supporting the decarbonisation of the sector.
2022/04/08
Committee: ECON
Amendment 308 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point b – introductory part
(b) electricity and electricity generated by renewable hydrogene:
2022/04/08
Committee: ECON
Amendment 331 #

2021/0213(CNS)

Proposal for a directive
Article 17 – paragraph 1 – point a
(a) reductions in the level of taxation, which shall not go below the minima as set out in Table C and D of Annex I, to energy products and electricity used for combined heat and power generation, without prejudice to Article 13;
2022/04/08
Committee: ECON
Amendment 336 #

2021/0213(CNS)

Proposal for a directive
Article 17 – paragraph 1 – point c – introductory part
(c) reductions in the level of taxation, which shall not go below the minima as set out in Table C and D of Annex I, to energy products used as heating fuel and electricity if used by households and/or by organisations recognised as charitable by the Member State concerned. In the case of such charitable organisations, Member States shall confine the reduction to use for the purpose of non-business activities. Where mixed use takes place, taxation shall apply in proportion to each type of use. If a use is insignificant, it may be treated as nil.
2022/04/08
Committee: ECON
Amendment 340 #

2021/0213(CNS)

Proposal for a directive
Article 17 – paragraph 1 – point c – introductory part
(c) reductions in the level of taxation, which shall not go below the minima as set out in Table C and D of Annex I, to energy products used as heating fuel and electricity if used by households and/or by organisations recognised as charitable by the Member State concerned. In the case of such charitable organisations, Member States shall confine the reduction to use for the purpose of non-business activities. Where mixed use takes place, taxation shall apply in proportion to each type of use. If a use is insignificant, it may be treated as nil. For the purposes of point (c), the minimum levels of taxation as set out in Tables C and D of Annex I shall start from zero and increase over a transitional period of ten years by one tenth of the final minimum rates in each year. For the purposes of point (c), energy products and electricity used by households recognised as lower-and middle-income by Member States shall be exempt for a maximum period of ten years after the entry into force of this Directive.
2022/04/08
Committee: ECON
Amendment 342 #

2021/0213(CNS)

Proposal for a directive
Article 17 – paragraph 1 – point c – paragraph 2
For the purposes of point (c), energy products and electricity used by households recognised as vulnerable may be exempt for a maximum period of ten years after the entry into force of this Directive. For the purposes of this paragraph, ‘vulnerable households’ shall mean households significantly affected by the impacts of this Directive which, for the purpose of this Directive, means that they are below the ‘at risk of poverty’” threshold, defined as 60% of the national median equivalised disposable incomeMember States shall be free to decide on the definition of ‘vulnerable households’.
2022/04/08
Committee: ECON
Amendment 377 #

2021/0213(CNS)

Proposal for a directive
Article 31 – paragraph 1
Every five years and for the first time five years after 1 January 2023, the Commission shall submit to the Council and the European Parliament a report on the application of this Directive.
2022/04/08
Committee: ECON
Amendment 381 #

2021/0213(CNS)

Proposal for a directive
Article 31 – paragraph 1
Every five years and for the first time five years after 1 January 2023, the Commission shall submit to the Council and to the European Parliament a report on the application of this Directive.
2022/04/08
Committee: ECON
Amendment 385 #

2021/0213(CNS)

Proposal for a directive
Article 31 – paragraph 2
The report by the Commission shall, inter alia, examine the minimum levels of taxation, the impact of innovation and technological developments, in particular as regards energy efficiency, the use of electricity in transport, the overall competitiveness of our industries, and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report shall take into account the proper functioning of the internal market, environmental and social considerations, the real value of the minimum levels of taxation and the relevant wider objectives of the Treaties.
2022/04/08
Committee: ECON
Amendment 388 #

2021/0213(CNS)

Proposal for a directive
Annex I – table A – rows 15 and 16
Table A. — Minimum levels of taxation applicable to motor fuels for the purposes of Article 7 (in EUR/Gigajoule) Start of Final transitional rate period after (01.01.2023) comple tion of transiti onal period (01.01. 2033) before indexat ion Renewable fuels of non-biological origin 0,150 0,150 Advanced sustainable biofuels and biogas 0,150 0,150
2022/04/08
Committee: ECON
Amendment 394 #

2021/0213(CNS)

Proposal for a directive
Annex I – table B – rows 15 and 16
Table B. — Minimum levels of taxation applicable to motor fuels used for the purpose set out in Article 8(2) (in EUR/Gigajoule) Start of Final transitional rate period after (01.01.2023) comple tion of transiti onal period (01.01. 2033) before indexat ion Renewable fuels of non-biological origin 0,150 0,150 Advanced sustainable biofuels and biogas 0,150 0,15 0
2022/04/08
Committee: ECON
Amendment 405 #

2021/0213(CNS)

Table C. — Minimum levels of taxation applicable to heating fuels (in EUR/Gigajoule) Start of Final transitional rate period after (01.01.2023) comple tion of transiti onal period (01.01. 2033) before indexat ion Renewable fuels of non-biological originRenewable fuels of non- 0,0 0,0 biological origin Advanced sustainable 0,0 0,15 0,15 Advanced sustainable0 bioliquids, biogas and products 0,15 0,15 falling within CN codes 4401 and 4402
2022/04/08
Committee: ECON
Amendment 98 #

2021/0206(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) Targeted reductions in the tax level may prove necessary to tackle the social impact of energy taxes. An exemption from taxation may temporarily prove necessary to protect vulnerable households.
2022/02/21
Committee: ECON
Amendment 119 #

2021/0206(COD)

Proposal for a regulation
Recital 14
(14) For that purpose, each Member State should submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises and vulnerable transport users temporary direct income support the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low- emission vehicles and mobility. Secondly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including temporary direct income support to mitigate adverse income effects in the shorter term.
2022/02/21
Committee: ECON
Amendment 177 #

2021/0206(COD)

Proposal for a regulation
Recital 28
(28) The implementation of the Fund should be carried out in line with the principle of sound financial management, including the protection of the Union budget in the case of breaches of the principles of the rule of law, the effective prevention and prosecution of fraud, tax fraud, tax evasion, corruption and conflicts of interest.
2022/02/21
Committee: ECON
Amendment 222 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable small and micro- enterprises’ means small and micro- enterprises that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy;
2022/02/21
Committee: ECON
Amendment 234 #

2021/0206(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures, including temporary direct income support, and investments to address the impact of carbon pricing on vulnerable households, vulnerable micro- enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union.
2022/02/21
Committee: ECON
Amendment 248 #

2021/0206(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. The Plan shallmay include national projects to:
2022/02/21
Committee: ECON
Amendment 263 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) where the Plan provides for in Article 3(3), concrete measures and investments in accordance with Article 3 to reduce the effects referred to in point (c) of this paragraph together with an explanation of how they would contribute effectively to the achievement of the objectives set out in Article 1 within the overall setting of a Member State’s relevant policies;
2022/02/21
Committee: ECON
Amendment 265 #

2021/0206(COD)

(b) where the Plan provides for in Article 3(3), concrete accompanying measures needed to accomplish the measures and investments of the Plan and reduce the effects referred to in point (c) as well as information on existing or planned financing of measures and investments from other Union, international, public or private sources;
2022/02/21
Committee: ECON
Amendment 268 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c
(c) an estimate of the likely effects of that increase in prices on households, and in particular on incidence of energy poverty, on small and micro-enterprises and on transport users, comprising in particular an estimate and the identification of vulnerable households, vulnerable small and micro- enterprises and vulnerable transport users; these impacts are to be analysed with a sufficient level of regional disaggregation, taking into account elements such as access to public transport and basic services and identifying the areas mostly affected, particularly territories which are remote and rural; these impacts shall also be analysed in a continuous manner taking into consideration the fact that a household may become vulnerable at any particular moment and for varying socio-economic reasons;
2022/02/21
Committee: ECON
Amendment 279 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e
(e) envisaged milestones, targets and an indicative timetable for the implementation of the measures, including temporary direct income support, and investments to be completed by 31 July 2032;
2022/02/21
Committee: ECON
Amendment 290 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point i
(i) the arrangements for the effective monitoring and implementation of the Plan by the Member State concerned, in particular of the proposed milestones and targets, including indicators for the implementation of measures, including temporary direct income support and investments, which, where relevant, shall be those available with the Statistical office of the European Union European Statistical Office and the European Energy Poverty Observatory as identified by Commission Recommendation 2020/156354 on energy poverty; _________________ 54 OJ L 357, 27.10.2020, p. 35.
2022/02/21
Committee: ECON
Amendment 413 #

2021/0206(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii
(iii) whether the Plan contains measures, including temporary direct income support, and investments that contribute to the green transition, including to addressing the challenges resulting therefrom and in particular to the achievement of the 2030 climate and energy objectives of the Union and the 2030 milestones of the Mobility Strategy.
2022/02/21
Committee: ECON
Amendment 424 #

2021/0206(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii
(iii) whether the measures, including temporary direct income support, and investments proposed by the Member State concerned are consistent and complying with the requirements under Directive [yyyy/nnn] [Proposal for recast of Directive 2012/27/EU], Directive (EU) 2018/2001, Directive 2014/94/EU of the European Parliament and of the Council60 , Directive (EU) 2019/1161 of the European Parliament and of the Council and Directive 2010/31/EU; _________________ 60 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).
2022/02/21
Committee: ECON
Amendment 428 #

2021/0206(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point d
(d) For the purpose of assessing coherence, the Commission shall take into account whether the Plan contains measures, including temporary direct income support, and investments that represent coherent actions.
2022/02/21
Committee: ECON
Amendment 430 #

2021/0206(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point a
(a) the measures, including temporary direct income support, and investments to be implemented by the Member State, the amount of the estimated total costs of the Plan and the milestones and targets;
2022/02/21
Committee: ECON
Amendment 448 #

2021/0206(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. In implementing the Fund, the Member States, as beneficiaries of funds under the Fund, shall take all the appropriate measures to protect the financial interests of the Union and to ensure that the use of funds in relation to measures and investments supported by the Fund complies with the applicable Union and national law, in particular regarding the protection of the Union budget in the case of breaches of the principles of the rule of law, the prevention, detection and correction of fraud, corruption and conflicts of interests. To this effect, the Member States shall provide an effective and efficient internal control system as further detailed in Annex III and the recovery of amounts wrongly paid or incorrectly used. Member States may rely on their regular national budget management systems.
2022/02/21
Committee: ECON
Amendment 451 #

2021/0206(COD)

Proposal for a regulation
Article 20 – paragraph 1 a (new)
1 a. In implementing the Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 to ensure the protection of funds in relation to measures and investments supported by the Fund in the case of breaches of the principles of the rule of law in the Member States. The Commission shall provide, to that effect, an effective and efficient internal control system and the recovery of amounts wrongly paid or incorrectly used.
2022/02/21
Committee: ECON
Amendment 57 #

2021/0205(COD)

Proposal for a regulation
Recital 1
(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, particularly within the Union aviat. The transport sector has contributed to foster cohesion, to reduce regional disparities and to improve connectivity and access to the Union internal market for all regions. Growth in air transport services has significantly contributed to improving connectivity within the Union and with third countries, and has been a significant enabler of the Union economy.
2022/02/08
Committee: ITRE
Amendment 86 #

2021/0205(COD)

Proposal for a regulation
Recital 8
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, such as electricity or liquid hydrogen, thus maintaining technological neutrality, are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.
2022/02/08
Committee: ITRE
Amendment 90 #

2021/0205(COD)

Proposal for a regulation
Recital 10
(10) At global level, sustainable aviation fuels are regulated at ICAO. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. The measures provided for in this Regulation should be raised in ICAO for global implementation Comprehensive multilateral or bilateral air transport agreements between the EUnion or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels.
2022/02/08
Committee: ITRE
Amendment 92 #

2021/0205(COD)

Proposal for a regulation
Recital 10 a (new)
(10 a) The Union should take a global lead in the shift towards the use of sustainable fuels and it would be desirable to propose incentives for those actors that exceed the targets proposed in this Regulation.
2022/02/08
Committee: ITRE
Amendment 125 #

2021/0205(COD)

Proposal for a regulation
Recital 22
(22) Airports covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. Airports should also take the necessary measures for the deployment of alternative fuels infrastructure for hydrogen and electric recharging for aircrafts. If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.
2022/02/08
Committee: ITRE
Amendment 137 #

2021/0205(COD)

Proposal for a regulation
Recital 28 a (new)
(28 a) The revenues generated from the payment of penalties should be used to promote the distribution and use of sustainable aviation fuels, research and innovation in the aviation industry, accelerate the decarbonisation of the aviation sector, support investment in innovative technologies and infrastructure for the production, uptake and deployment of sustainable aviation fuels and other low-carbon fuels. For this purpose these revenues should be allocated to the Sustainable Aviation [Fuels] Fund (‘the Fund’).
2022/02/08
Committee: ITRE
Amendment 164 #

2021/0205(COD)

Proposal for a regulation
Article 3 – paragraph 1 – indent 5
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;
2022/02/08
Committee: ITRE
Amendment 169 #

2021/0205(COD)

Proposal for a regulation
Article 3 – paragraph 1 – indent 8
— ‘synthetic aviation fuels’ means liquid or gaseous fuels that are renewable fuels of non- biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, or electricity or hydrogen used in aviation;
2022/02/08
Committee: ITRE
Amendment 194 #

2021/0205(COD)

Proposal for a regulation
Article 6 – paragraph 1
Union airports shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels. as well as for hydrogen and electric recharging/refuelling of aircrafts, in accordance with [Article13 of Regulation on the deployment of alternative fuels infrastructure].
2022/02/08
Committee: ITRE
Amendment 234 #

2021/0205(COD)

Proposal for a regulation
Article 11 – paragraph 7
(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the InvestEU Green Transition Investment Facility, as a top-up to the EU guaranteeSustainable Aviation [Fuels] Fund, established under Article 11a.
2022/02/08
Committee: ITRE
Amendment 235 #

2021/0205(COD)

Proposal for a regulation
Article 11 a (new)
Article 11 a Sustainable Aviation [Fuels] Fund 1. A Sustainable Aviation [Fuels] Fund (‘the Fund’) shall be established for the period from 2023 to 2050 to accelerate the decarbonisation of the aviation sector without hampering its highly integrated internal market, and in particular to support investment in innovative technologies and infrastructure for the production, uptake and deployment of sustainable aviation fuels and other low- carbon fuels, such as liquid hydrogen and electricity, including the development, testing and deployment of innovative aircraft technologies that have the potential to achieve significant emission reductions, and to support redeployment, re-skilling and up-skilling of workers, with a special focus on women to promote their incorporation into the aeronautics industry and related sectors. All investment supported by the Fund shall be made public and shall be consistent with the aims of this Regulation. 2. The Fund shall be managed centrally through a Union body whose governance structure and decision making process shall be transparent and inclusive, in particular in the setting of priority areas, criteria and grant allocation procedures. Relevant stakeholders shall have an appropriate consultative role. All information on the investments and all other relevant information on the functioning of the Fund shall be made available to the public.
2022/02/08
Committee: ITRE
Amendment 237 #

2021/0205(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
TBy 31 December the Agency shall publish every year a technical report on the basis of the yearly reports referred to in Articles 7 and 9. That report shall contain at least the following information:
2022/02/08
Committee: ITRE
Amendment 144 #

2021/0203(COD)

Proposal for a directive
Recital 5 a (new)
(5a) The EU Emission Trading System is a cornerstone of the EU's policy to combat climate change and its key tool for reducing greenhouse gas emissions cost- effectively. It is the world's first major carbon market and remains the biggest one.
2022/03/21
Committee: ITRE
Amendment 152 #

2021/0203(COD)

Proposal for a directive
Recital 11
(11) This Directive takes a step forward towards climate neutrality by 2050 , under which energy efficiency is to be treated as an energy source in its own right. The energy efficiency first principle is an overarching principle that should be taken into account across all sectors, going beyond the energy system, at all levels, including in the financial sector. Energy efficiency solutions should be considered as the first option in policy, planning and investment decisions, when setting new rules for the supply side and other policy areas. While the energy efficiency first principle should be applied without prejudice to other legal obligations, objectives and principles, they should also not hamper its application or exempt from applying the principle. The . The Commission should ensure that energy efficiency and demand-side response can compete on equal terms with generation capacity. Energy efficiency improvements need to be made whenever they are more cost-effective than equivalent supply-side solutions. That should help exploit the multiple benefits of energy efficiency for the Union, in particular for citizens and businesses. Implementing energy efficiency improvement measures should also be a priority in alleviating energy poverty.
2022/03/21
Committee: ITRE
Amendment 189 #

2021/0203(COD)

Proposal for a directive
Recital 24
(24) The need for the Union to improve its energy efficiency should be expressed in primary and final energy consumption, to be indicatively achieved in 2030, indicating additional level of efforts required when compared to the measures in place or planned measures in the national energy and climate plans. The 2020 Reference Scenario projects 864 Mtoe of final energy consumption and 1124 Mtoe of primary energy consumption to be reached in 2030 (excluding ambient heat and including international aviation). An additional reduction of 9% results in 787 Mtoe and 1023 Mtoe in 2030 respectively. Compared to 2005 levels, it means that final energy consumption in the Union should be indicatively reduced by some 23% and primary energy consumption should be reduced by some 32%. There are no binding targets at Member State level in the 2020 and 2030 perspective, and Member States should establish their contributions to the achievement of the Union’s energy efficiency target taking into account the formula provided in this Directive. Member States should be free to set their national objectives based either on primary or final energy consumption or primary or final energy savings, or on energy intensity. This Directive amends the way how Member States should express their national contributions to the Union´s target. Member States’ contributions to the Union’s target should be expressed in final and primary energy consumption to ensure consistency and monitoring of progress. A regular evaluation of progress towards the achievement of the Union's 2030 targets is necessary and is provided for in Regulation (EU) 2018/1999.
2022/03/21
Committee: ITRE
Amendment 202 #

2021/0203(COD)

Proposal for a directive
Recital 31
(31) Member States should support public bodies in planning and the uptake of energy efficiency improvement measures, including at regional and local levels, by providing technical assistance and guidelines promoting competence building and training opportunities and encouraging cooperation amongst public bodies including amongst agencies. For that purpose, Member States could set up national competence centres on complex issues, such as advising local or regional energy agencies on district heating or cooling.
2022/03/21
Committee: ITRE
Amendment 207 #

2021/0203(COD)

Proposal for a directive
Recital 32
(32) Buildings and transport, alongside industry, are the main energy users and main source of emissions.61 Buildings are responsible for about 40% of the Union’s total energy consumption and for 36% of its GHG from energy.62 The Commission Communication entitled Renovation Wave63 addresses the twin challenge of energy and resource efficiency and affordability in the building sector and aims at doubling the renovation rate. It focusses on the worst performing buildings, energy poverty and on public buildings. Moreover, buildings are crucial to achieving the Union objective of reaching climate neutrality by 2050. Buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life. It is therefore appropriate to set an annual rate of renovation of buildings owned by public bodies on the territory of a Member State to upgrade their energy performance. Member States are invited to set a higher renovation rate, where that is cost-effective in the framework of the renovation of their buildings stock in conformity with their Long Term Renovation Strategies or national renovation programmes. That renovation rate should be without prejudice to the obligations with regard to nearly- zero energy buildings (NZEBs) set in Directive 2010/31/EU of the European Parliament and of the Council.64 During the next review of Directive 2010/31/EU, the Commission should assess the progress Member States achieved regarding the renovation of public bodies’ buildings. The Commission should consider submitting a legislative proposal to revise the renovation rate, while taking into account the progress achieved by the Member States, substantial economic or technical developments, or where needed, the Union´s commitments for decarbonisation and zero pollution. The obligation to renovate public bodies’ buildings in this Directive complements that Directive, which requires Member States to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet the requirements on NZEBs, except for very specific categories of buildings where Members States retain flexibility regarding the level of renovation requirements. _________________ 61 COM/2020/562 final. 62 See IRP, Resource Efficiency and Climate Change, 2020, and UN Environment Emissions Gap Report, 2019. These figures refer to the use and operation of buildings, including indirect emissions in the power and heat sector, not their full life cycle. The embodied carbon in construction is estimated to account for about 10% of total yearly greenhouse gas emissions worldwide. 63 COM/2020/662 final. 64 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
2022/03/21
Committee: ITRE
Amendment 222 #

2021/0203(COD)

Proposal for a directive
Recital 45
(45) The energy savings obligation established by this Directive should be increased and should also apply after 2030 . That ensures stability for investors and thus encourage long-term investments and long-term energy efficiency measures, such as the deep renovation of buildings with the long-term objective of facilitating the cost effective transformation of existing buildings into NZEBs. The energy savings obligation has an important role in the creation of local growth, jobs, competitiveness and alleviatassessed in light of the foreseen electrification of various sectors that will lead to an increase ing energy povertydemand. It should ensure that the Union can achieve its energy and climate objectives by creating further opportunities and to break the link between energy consumption and growth. Cooperation with the private sector is important to assess the conditions on which private investment for energy efficiency projects can be unlocked and to develop new revenue models for innovation in the field of energy efficiency.
2022/03/21
Committee: ITRE
Amendment 243 #

2021/0203(COD)

Proposal for a directive
Recital 50
(50) When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85271 . Member States should not promote activities that are not environmentally sustainable such as use of solid fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion will not be eligible energy savings under energy savings obligation as of transposition of this Directive. It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report72 . The restriction aims at encouraging Member States to spend public money into future-proof, sustainable technologies only. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may not be eligible anymore under the energy savings obligation. While energy savings resulting, for example, from the promotion of natural gas-based cogeneration would not be eligible, the restriction would not apply for indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco- driving, should remain eligible. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep renovations in line with the long- term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source. _________________ 71 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088, OJ L 198, 22.6.2020, p. 13–43. 72 IEA (International Energy Agency) (2021), Net Zero by 2050 A Roadmap for the Global Energy Sector, https://www.iea.org/reports/net-zero-by- 2050.
2022/03/21
Committee: ITRE
Amendment 263 #

2021/0203(COD)

Proposal for a directive
Recital 54
(54) Member States and obligated parties should make use of all available means and technologies , except regarding the use of direct fossil fuel combustion technologies, to achieve the cumulative end-use energy savings required, including by promoting sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure and energy audits or equivalent management systems, provided that the energy savings claimed comply with the requirements laid down in Article 8 and Annex V to this Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative policy measures. Member States should encourage actions resulting in energy savings over the long lifetimes.
2022/03/21
Committee: ITRE
Amendment 286 #

2021/0203(COD)

Proposal for a directive
Recital 66
(66) The information and communications technology (ICT) sector another important sector which receives increasing attention. In 2018 the energy consumption of data centres in the EU was 76,8 TWh. This is expected to rise to 98.5 TWh by 2030, a 28% increase. This increase in absolute terms can as well be seen in relative terms: within the EU, data centres accounted for 2,7% of electricity demand in 2018 and will reach 3,21% by 2030 if development continues on the current trajectory75 . Europe’s Digital Strategy already highlighted the need for highly energy-efficient and sustainable data centres and calls for transparency measures for telecommunication operators on their environmental footprint. To promote sustainable development in the ICT sector, particularly of data centres, Member States should collect and publish data, which is relevant for the energy performance and water footprint of data centres. Member States should collect and publish data only about data centres with a significant footprint, for which appropriate design or efficiency interventions, for new or existing installations respectively, can result in a considerable reduction of the energy and water consumption or in the reuse of waste heat in nearby facilities and heat networks. A data centre sustainability indicator can be established on the basis of that data collected and also taking into account already existing initiatives in the sector. _________________ 75 https://digital- strategy.ec.europa.eu/en/library/energy- efficient-cloud-computing-technologies- and-policies-eco-friendly-cloud-market
2022/03/21
Committee: ITRE
Amendment 329 #

2021/0203(COD)

Proposal for a directive
Recital 114
(114) In the implementation of the energy efficiency target, the Commission should monitor the impact of the relevant measures on Directive 2003/87/EC establishing the Union’s emissions trading scheme (ETS) in order to maintain the incentives in the emissions trading system rewarding low carbon investments and preparing the ETS sectors for the innovations needed in the future, as the energy efficiency first principle and the introduction of a Union target for energy consumption undermine the underlying logic of the ETS, thus possibly reducing its effectiveness. It will need to monitor the impact on those industry sectors which are exposed to a significant risk of carbon leakage as determined in Commission Decision 2014/746/EU86 , in order to ensure that this Directive promotes and does not impede the development of these sectors. _________________ 86 Commission Decision 2014/746/EU of 27 October 2014 determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage, for the period 2015 to 2019 (OJ L 308, 29.10.2014, p. 114).
2022/03/21
Committee: ITRE
Amendment 340 #

2021/0203(COD)

Proposal for a directive
Recital 123
(123) Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied from fossil fuels. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union's energy dependence and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the context of the Paris Agreement. For the purposes of their cumulative energy savings obligation Member States may take into account energy savings from policy measures promoting renewable technologies to meet their energy savings requirements in accordance with the calculation methodology provided in this Directive . Energy savings from policy measures regarding the use of direct fossil fuel combustion should not be counted.
2022/03/21
Committee: ITRE
Amendment 355 #

2021/0203(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
(3) `energy system´ means a system primarily designed to supply energy- services to satisfy the demand of end-use sectors for energy in the forms of heat, cooling, fuels, and electricity.
2022/03/21
Committee: ITRE
Amendment 360 #

2021/0203(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
(4) ‘primary energy consumption’ means gross available energy , excluding international maritime bunkers, final non- energy consumption and ambient heat and geothermal energy used in heat pumps;
2022/03/21
Committee: ITRE
Amendment 381 #

2021/0203(COD)

(30a) ‘recharging point’ means a recharging point as defined in Article 2(41) of [AFIR Directive, 2021/0223(COD)];
2022/03/21
Committee: ITRE
Amendment 397 #

2021/0203(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
1. In conformity with the energy efficiency first principle, Member States shall ensure that energy efficiency solutions are taken into account in the planning, policy and major investment decisions related to the following sectors: , while also taking into account the impact on security of supply and affordability:
2022/03/21
Committee: ITRE
Amendment 428 #

2021/0203(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall collectively ensure an indicative reduction of energy consumption of at least 9 % in 2030 compared to the projections of the 2020 Reference Scenario so that the Union’s final energy consumption amounts to no more than 787 Mtoe and the Union’s primary energy consumption amounts to no more than 1023 Mtoe in 2030.91 _________________ 91 The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition by at least 9 % in 2030 compared to the level of efforts under the 2020 Reference Scenario. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts needed.
2022/03/21
Committee: ITRE
Amendment 439 #

2021/0203(COD)

Proposal for a directive
Article 4 – paragraph 2 – introductory part
2. Each Member State shall set indicative national energy efficiency contributions for final and primary energy consumption to meet, collectively, the bindingcative Union target set in paragraph 1 . Member States shall notify those contributions together with an indicative trajectory for those contributions to the Commission as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999 . When doing so, Member States shall use the formula defined in Annex I of this Directive and explain how, and on the basis of which data, the contributions have been calculated.
2022/03/21
Committee: ITRE
Amendment 450 #

2021/0203(COD)

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point a
(a) that the Union’s 2030 energy consumption has toshould be no more than 787 Mtoe of final energy or no more than 1023 Mtoe of primary energy consumption ;
2022/03/21
Committee: ITRE
Amendment 489 #

2021/0203(COD)

Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
The Commission shall assess whether the national measures referred to in this paragraph are sufficient to achieve the Union's energy efficiency targets or ensure an equivalent contribution to the Union's 2030 GHG emissions reduction target. Where national measures are deemed to be insufficient, the Commission shall, as appropriate, propose measures and exercise its power at Union level in order to ensure, in particular, the achievement of the Union's 2030 targets for energy efficiency.
2022/03/21
Committee: ITRE
Amendment 535 #

2021/0203(COD)

Proposal for a directive
Article 6 – paragraph 1 – introductory part
1. Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of the Council92 , each Member State shall ensure that at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year to at least be transformed into nearly zero-energy buildings in accordance with Article 9 of Directive 2010/31/EU. Where technically feasible and cost-effective, Member States shall make their best efforts to install a number of recharging points exceeding the minimum requirements set by Article 12 of [EPBD Directive, 2021/0426 (COD)]. _________________ 92 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
2022/03/21
Committee: ITRE
Amendment 562 #

2021/0203(COD)

Proposal for a directive
Article 6 – paragraph 1 a (new)
1a. Member States may decide not to apply the requirements up to the level referred to in paragraph 1 and establish different energy efficiency requirements for the following categories of buildings: (a) buildings officially protected as part of a designated environment, or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance; (b) buildings owned by the armed forces or central government and serving national defence purposes, apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities; (c) buildings used as places of worship and for religious activities.
2022/03/21
Committee: ITRE
Amendment 568 #

2021/0203(COD)

1b. If a Member State renovates more than 3 % of the total floor area of buildings owned by public bodies in a given year, it may count the excess towards the annual renovation rate of any of the following years.
2022/03/21
Committee: ITRE
Amendment 598 #

2021/0203(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that contracting authorities and contracting entities, when concluding public contracts and concessions with a value equal to or greater than the thresholds laid down in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU, purchase only products, services, buildings and works with high energy-efficiency performance, insofar as that is consistent with the efficient management of financial resources and technically feasible, in accordance with the requirements referred to in Annex IV to this Directive .
2022/03/22
Committee: ITRE
Amendment 604 #

2021/0203(COD)

Proposal for a directive
Article 7 – paragraph 3
3. Notwithstanding paragraph 4 of Article 26 of this Directive, Member States shall ensure that contracting authorities and contracting entities assess the economic and technical feasibility of concluding long-term energy performance contracts that provide long-term energy savings when procuring service contracts with significant energy content .
2022/03/22
Committee: ITRE
Amendment 614 #

2021/0203(COD)

Proposal for a directive
Article 8 – paragraph 1 – point b
(b) new savings each year from 1 January 2021 to 31 December 20230 of 0,8 % of annual final energy consumption, averaged over the most recent three-year period prior to 1 January 2019. By way of derogation from that requirement, Cyprus and Malta shall achieve new savings each year from 1 January 2021 to 31 December 2023 equivalent to 0,24 % of annual final energy consumption, averaged over the most recent three-year period prior to 1 January 2019;
2022/03/22
Committee: ITRE
Amendment 618 #

2021/0203(COD)

Proposal for a directive
Article 8 – paragraph 1 – point c
(c) new savings each year from 1 January 2024 to 31 December 2030 of 1,5 % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020.deleted
2022/03/22
Committee: ITRE
Amendment 717 #

2021/0203(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure thatcourage enterprises with an average annual consumption higher than 100TJ of energy over the previous three years and taking all energy carriers together, to implement an energy management system. The energy management system shall be certified by an independent body according to the relevant European or International Standards.
2022/03/22
Committee: ITRE
Amendment 735 #

2021/0203(COD)

Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
The results of the energy audits including the recommendations from these audits shall be transmitted to the management of the enterprise. Member States shall ensure thatcourage the publication of the results and the implemented recommendations are published in the enterprise’s annual report, where applicable.
2022/03/22
Committee: ITRE
Amendment 743 #

2021/0203(COD)

Proposal for a directive
Article 11 – paragraph 4 – introductory part
4. Member States shall develop programmes to encouragewith the aim to encourage and provide technical support to SMEs that are not subject to paragraph 1 or 2 to undergo energy audits and the subsequent implementation of the recommendations from these audits.
2022/03/22
Committee: ITRE
Amendment 751 #

2021/0203(COD)

Proposal for a directive
Article 11 – paragraph 7
7. Enterprises that implement an energy performance contract shall be exempted fromconsidered as fulfilling the requirements of paragraphs 1 and 2 provided that the energy performance contract complies with the requirements set out in Annex XIV.
2022/03/22
Committee: ITRE
Amendment 754 #

2021/0203(COD)

Proposal for a directive
Article 11 – paragraph 8
8. Enterprises that implement an environmental management system - certified by an independent body according to the relevant European or international standards - shall be exempted fromconsidered as fulfilling the requirements of paragraphs 1 and 2 , provided that the environmental management system concerned includes an energy audit on the basis of the minimum criteria based on Annex VI.
2022/03/22
Committee: ITRE
Amendment 759 #

2021/0203(COD)

Proposal for a directive
Article 11 – paragraph 10
10. Without prejudice to paragraphs 1 to 9, Member States shall require, by 15 March 2024 and every year thereafter, owners and operators of every data centre in their territory with a significant energy consumptionn installed IT power of at least 1MW to make publicly available the information set out in Annex VI (`Minimum requirements for monitoring and publishing the energy performance of data centres´), which Member States shall subsequently report to the Commission.
2022/03/22
Committee: ITRE
Amendment 789 #

2021/0203(COD)

Proposal for a directive
Article 21 – paragraph 1
1. Member States shall ensure that information on available energy efficiency improvement measures, individual actions and financial and legal frameworks is transparent, accessible and widely disseminated to all relevant market actors, such as final customers, final users,, consumer organisations, civil society representatives, renewable energy communities, citizen energy communities, local and regional authorities, energy agencies, social service providers, builders, architects, engineers, environmental and energy auditors, and installers of building elements as defined in by Article 2(9) of Directive 2010/31/EU.
2022/03/22
Committee: ITRE
Amendment 885 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point a
a. until 31 December 20259, a system using at least 50% renewable energy, 50% waste heat, 75% cogenerated heat or 50% of a combination of such energy and heat;
2022/03/22
Committee: ITRE
Amendment 896 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point b
b. from 1 January 202630, a system using at least 50% renewable energy, 50% waste heat, 80% of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the network where the share of renewable energy is at least 5% and the total share of renewable energy, waste heat or high- efficiency cogenerated heat is at least 50%;
2022/03/22
Committee: ITRE
Amendment 951 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 3
3. Member States shall ensure that as from 1 January 202530, and every five years thereafter, operators of all existing district heating and cooling systems with a total energy output exceeding 5 MW and which do not meet the criteria set out in paragraph 1(b) to (e), prepare a plan to increase primary energy efficiency and renewable energy. The plan shall include measures to meet the criteria set out in paragraph 1(b) to (e) and shall be approved by the competent authority.
2022/03/22
Committee: ITRE
Amendment 1054 #

2021/0203(COD)

Proposal for a directive
Annex I – point 3
3. Fflat represents the 2030 Union target that includes the additional efforts needed to reach the Union’s energy efficiency targets in FEC and PEC compared to the 20207 Reference Scenario projections for 2030.
2022/03/22
Committee: ITRE
Amendment 1062 #

2021/0203(COD)

Proposal for a directive
Annex III – point a – paragraph 1 – indent 3
— direct emissions of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 270 gCO2 per 1 kWh of energy output from the combined generation (including heating/cooling, power and mechanical energy).deleted
2022/03/22
Committee: ITRE
Amendment 1110 #

2021/0203(COD)

Proposal for a directive
Annex V – point 2 – point g
(g) policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted , except those policy measures regarding the use of direct combustion of fossil fuel technologies that are implemented as from 1 January 2024 ;
2022/03/22
Committee: ITRE
Amendment 1120 #

2021/0203(COD)

Proposal for a directive
Annex V – point 2 – point h
(h) Energy savings as a result of policy measures regarding the use of direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works shall not count towards the fulfilment of energy savings obligation as from 1 January 2024;deleted
2022/03/22
Committee: ITRE
Amendment 1145 #

2021/0203(COD)

Proposal for a directive
Annex V – point 2 – point k
(k) for policies that accelerate the uptake of more efficient products and vehicles, except those regarding the use of direct fossil fuel combustion, full credit may be claimed, provided that it is shown that such uptake takes place before expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until end of the average expected lifetime of the product or vehicle to be replaced;
2022/03/22
Committee: ITRE
Amendment 1178 #

2021/0203(COD)

Proposal for a directive
Annex VI – paragraph 4 – point a
(a) the name of the data centre, the name of the owner and operators of the data centre, the municipality where the data centre is based, except for national security and defence reasons;
2022/03/22
Committee: ITRE
Amendment 1179 #

2021/0203(COD)

Proposal for a directive
Annex VI – paragraph 4 – point b
(b) the floor area of the data centre; the installed power; the annual incoming and outgoing data traffic; and the amount of data stored and processed within, if available to the data centre operator and taking into account the business model and customer type; and the amount of data stored and processed within the data centre, when this affects the energy consumption of the data centre;
2022/03/22
Committee: ITRE
Amendment 55 #

2021/0197(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) This Regulation forms part of efforts to meet the Union's wider objective to reduce emissions from passenger cars and light commercial vehicles. With the increasing use of zero- and low-emission vehicles, emission sources will move upstream in the automotive chain. By focusing exclusively on vehicle exhaust emissions, this Regulation will therefore become progressively less effective in reducing emissions at Union level. In these circumstances, the Commission should submit, by 31 December 2023 at the latest, a harmonised methodology for reporting the carbon balance of the life- cycle of such vehicles (‘Well-to-Wheels’) in order to obtain an overall view of their environmental impacts and thus ensure consistency of the means brought to bear in pursuit of the Union’s climate objectives. This Regulation should be reviewed in 2027 to incorporate this extended carbon accounting as a new indicator for the reduction of emissions from the sector which is better able to reflect the true carbon balance of passenger cars and light commercial vehicles.
2022/02/02
Committee: ITRE
Amendment 66 #

2021/0197(COD)

Proposal for a regulation
Recital 9
(9) The strengthened CO2 emission reduction requirements should incentivise an increasing share of zero-emission and low-emission vehicles being deployed on the Union market whilst providing benefits to consumers and citizens in terms of air quality and energy savings, as well as ensuring that innovation in the automotive value chain can be maintained. The automotive industry remains one of the pillars of the Union economy, contributing 7% of European GDP, providing 4.6 million jobs and remaining at the cutting edge of technological innovation with EUR 60 billion invested each year in research and development. The industry needs to be supported in its environmental and digital transition, as European manufacturers are now facing a triple bind, with tightened environmental regulations, increasing investment needs in innovation and heightened international competition. Within the global context, also the EU automotive chain must be a leading actor in the on- going transition towards zero-emissioncarbon- neutral mobility. The strengthened CO2 emission reduction standards armust become technology neutral in reaching the fleet- wide targets that they set. Different technologies are and remain available to reach the zero-emission fleet wide target. Zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen powered vehicles, and technological innovations are continuing. Zero and low-emission vehicles, which also include well performing plug-in hybrid electric vehicles, can continue to play a role in the transition pathway. run on advanced biofuels or synthetic fuels as defined in Directive (EU) 2018/200111a, which is currently under review, which also include well performing plug-in hybrid electric vehicles, can continue to play a role in the transition pathway. __________________ 1a Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
2022/02/02
Committee: ITRE
Amendment 93 #

2021/0197(COD)

Proposal for a regulation
Recital 10
(10) Against that background, new strengthened CO2 emission reduction targets should be set for both new passenger cars and new light commercial vehicles for the period 2030 onwards. Those targets should be set at a level that will deliver a strong signal to accelerate the uptake of zero- and low-emission vehicles on the Union market and to stimulate innovation in zero- and low-emission technologies in a cost- efficient way.
2022/02/02
Committee: ITRE
Amendment 99 #

2021/0197(COD)

Proposal for a regulation
Recital 11
(11) The targets in the revised CO2 performance standards should be accompanied by a European strategy to address the challenges posed by the scale- up of the manufacturing of zero- and low- emission vehicles and associated technologies, as well as the need for up- and re-skilling of workers in the sector and the economic diversification and reconversion of activities. Particular attention should be given to the impact that this transition will have on SMEs along the supply chain. Where appropriate, financial support should be considerallocated at the level of the EU and Member States to crowd in private investment, including via the European Social Fund Plus, the Just Transition Fund, the Innovation Fund, the European Regional Development Fund, the Cohesion Fund, the Recovery and Resilience Facility and other instruments of the Multiannual Financial Framework and the Next Generation EU, in line with State aid rules. The revised environmental and energy state aid rules will enable Member States to support business to decarbonize their production processes and adopt greener technologies in the context of the New Industrial Strategy.
2022/02/02
Committee: ITRE
Amendment 115 #

2021/0197(COD)

Proposal for a regulation
Recital 12
(12) The updated New Industrial Strategy26 foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In this context, a transition pathway should be developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway should take particular heed of SMEs in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions. The appropriate actions and incentives at European and national level to boost the affordability of zero - and low-emission vehicles should also be addressed in the pathway. The progress made on this comprehensive transition pathway for the mobility ecosystem should be monitored every two years as part of a progress report to be submitted by the Commission, looking inter alia at the progress in the deployment of zero- emission vehicles, their price developments, deployment of alternative fuels development and infrastructure roll- out as required under the Alternative Fuels Infrastructure Regulation, the potential of innovative technologies to reach climate neutral mobility, international competitiveness, investments in the automotive value chain, up-skilling and re- skilling of workers and reconversion of activities. The progress report will also build on the two-year progress reports that Member States submit under the Alternative Fuels Infrastructure Regulation. The Commission should consult social partners in the preparation of the progress report, including the results in the social dialogue. Innovations in the automotive supply chain are continuing. Innovative technologies such as the production of electro-fuels with air capture, if further developed, could offer prospects for affordable climate neutral mobility. The Commission should therefore keep track of progress in the state of innovation in the sector as part of its progress report. __________________ 26 Commission Communication - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021
2022/02/02
Committee: ITRE
Amendment 133 #

2021/0197(COD)

Proposal for a regulation
Recital 14
(14) Manufacturers should be provided with sufficient flexibility in adapting their fleets over time in order to manage the transition towards zero- and low-emission vehicles in a cost-efficient manner, and i. The progressively more ambitious emission reduction targets have increased the costs of compliance for manufacturers. It is therefore even more appropriate to maintain the approach of decreasing target levels in five-year steps.
2022/02/02
Committee: ITRE
Amendment 139 #

2021/0197(COD)

Proposal for a regulation
Recital 15
(15) With the stricter EU fleet-wide targets from 2030 onwards, manufacturers will have to deploy significantly more zero-emission vehicles on the Union market. In that context, the incentive mechanism for zero- and low- emission vehicles (‘ZLEV’) would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/631. The ZLEV incentive mechanism should therefore be removed as of 2030. Before that date and therefore throughout this decade, the incentive mechanism for ZLEV will continue to support the deployment of vehicles with emissions from zero up to 50 g CO2/km, including battery electric vehicles, fuel-cell electric vehicles using hydrogen and well performing plug-in hybrid electric vehicles. After that date, plug-in hybrid electric vehicles continue to count against the fleet-wide targets that vehicle manufacturers must meet.deleted
2022/02/02
Committee: ITRE
Amendment 188 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) 2019/631
Article 1 – paragraph 5 – introductory part
5. From 1 January 20305, the following EU fleet-wide targets shall apply:
2022/02/02
Committee: ITRE
Amendment 233 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a – introductory part
Regulation (EU) 2019/631
Article 3 – paragraph 1
(a) the introductory sentence is replacThis Regulation shall be reviewed by 31 December 2027 and supplemented by additional measures to include, in addition to exhaust emissions, the overall carbon balance of the vehicle and fuel used, by the following:ased on the methodologies set out in Article 7(10) and Article 12(3a), with a view to ensuring that emissions from the sector are in line with the Union's target of carbon neutrality.
2022/02/08
Committee: ITRE
Amendment 238 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b a (new)
Regulation (EU) 2019/631
Article 3 – paragraph 1 – point n a (new)
(ba) the following point is added: ‘(na) ‘plug-in hybrid electric vehicle’ (PHEV): a vehicle powered by a combination of an electric motor with a rechargeable battery and an internal combustion engine, which may operate together or separately.’
2022/02/08
Committee: ITRE
Amendment 246 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a (new)
Regulation (EU) 2019/631
Article 4 – paragraph 1 – subparagraph 1 a a (new)
For the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 15 % reduction of the target in 2021 determined in accordance with point 6.1.1 of Part A of Annex I as set in Regulation (EU) 2019/631;
2022/02/08
Committee: ITRE
Amendment 247 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b (new)
Regulation (EU) 2019/631
Article 4 – paragraph 1 – subparagraph 1 a b (new)
For the average emissions of the new light commercial vehicles fleet, an EU fleet- wide target equal to a 15 % reduction of the target in 2021determined in accordance with point 6.1.1 of Part A of Annex I as set in Regulation (EU) 2019/631;
2022/02/08
Committee: ITRE
Amendment 250 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2019/631
Article 4 – paragraph 3 a (new)
(4a) In Article 4, the following paragraph is added: '3a. New vehicles equipped with hydrogen combustion engines are defined as zero- emission vehicles, meaning zero-gram CO2 tailpipe emissions under WLTP.'
2022/02/08
Committee: ITRE
Amendment 251 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 b (new)
Regulation (EU) 2019/631
Article 4 – paragraph 3 b (new)
(4b) in Article 4, the following paragraph is added: '3b. From 1 January 2035 until 31 December 2039, for the purpose of this Regulation only, plug-in hybrid electric vehicles are set equal to battery electric vehicles, if the following requirements are fulfilled: - Demonstrate electric range of 100 km, - Pass WLTP cycle in fully electric mode (according to Type Approval). The share of plug-in hybrid vehicles of new passenger cars registered shall not exceed 25 % per manufacturer in any relevant year.'
2022/02/08
Committee: ITRE
Amendment 254 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – introductory part
Regulation (EU) 2019/631
Article 7 – paragraph 6 a (new)
(a) the following paragraph 6a is inserted:for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 100 % reduction of the target in 2021 determined in accordance with Part A, point 6.1.3, of Annex I;
2022/02/08
Committee: ITRE
Amendment 258 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2019/631
Article 7 – paragraph 11
(b) paragraph 11 is deleted;for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 100 % reduction of the target in 2021 determined in accordance with Part B, point 6.1.3, of Annex I.
2022/02/08
Committee: ITRE
Amendment 270 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) 2019/631
Article 11 a (new)
(6a) the following Article is inserted: ‘Article 11a Use of synthetic and alternative fuels 1. Upon application by a manufacturer, CO2 savings achieved through the use of synthetic and advanced alternative fuels (hereinafter “alternative fuels”) shall be considered to reduce the average specific emissions of CO2 of a manufacturer in accordance with paragraphs 2 and 3 of this Article. 2. In alternative of being included in a manufacturer’s average specific CO2 emissions as referred to in paragraph 1 of this Article, CO2 savings achieved through the use of alternative fuels may be allocated to individual vehicles, which are technically capable of using the credited alternative fuel in accordance with Regulation (EC) 715/2007. 3. Each Member State shall record for each calendar year the quantities of alternative fuels placed on the market by a manufacturer, or the quantities of alternative fuels allocated to a manufacturer, and shall provide appropriate certification of these quantities and the resulting CO2 savings by correspondingly applying the certification and documentation procedure laid down in Directive (EU) 2018/2001. The Member States shall ensure that credits are issued only for quantities that meet the requirements of Directive (EU) 2018/2001 and where it is ensured that no simultaneous allocation takes place against the reduction targets set out in Article 25(1) of Directive (EU) 2018/2001. The credits must indicate the issuing Member State, their period of validity, and the quantity and type of alternative fuel for which they were issued. The credits must be tradable. With a view to minimising the risk of single quantities being claimed more than once in the Union, Member States and the Commission shall strengthen cooperation among national systems, including, where appropriate, the exchange of data. Where the competent authority of one Member State suspects or detects a fraud, it shall, where appropriate, inform the other Member States. 4. The amount of the savings referred to in paragraphs 1 and 2 shall be calculated in accordance with Annex I, Part C.’
2022/02/08
Committee: ITRE
Amendment 276 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)
Regulation (EU) 2019/631
Article 12 – paragraph 3 – subparagraph 2 a (new)
(6b) in Article 12(3), the following subparagraph is added: ‘In addition, the Commission shall in particular assess the use of fuel and energy consumption data referred to in paragraph 1 for Off-Vehicle Charging Hybrid Electric Vehicles (OVC-HEVs). Using that data, the Commission shall adopt delegated acts in accordance with Article 17 to adapt the utility factors used for OVC-HEVs, in order to ensure that their emissions are representative of real- world driving from 2030 onwards.’
2022/02/08
Committee: ITRE
Amendment 282 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14 a – paragraph 1
By 31 December 2025, and every two years thereafter, the Commission shall report on the progress towards zero emission road mobility. The report shall in particular monitor and assess the need for possible additional measures to facilitate the transition, including through financial means. climate neutral road mobility. The report shall assess and ascertain whether this regulation needs to be modified to take a more holistic and comprehensive approach to emissions, on the basis of the methodologies set out in Articles 7(10) and 12(3a). The report shall in particular monitor and assess the need for possible additional measures to facilitate the transition, including through financial means. In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050, including the following: (a) the cost of zero- and low-emission vehicles; (b) consumer take-up of zero- and low-emission vehicles; (c) the specific characteristics of light commercial vehicles; (d) progress in achieving a sufficient roll-out of recharging and refuelling infrastructure for alternative fuels including, but not limited to; progress in achieving the targets as required under the Alternative Fuels Infrastructure Regulation and the Energy Performance of Buildings Directive; (e) the potential contribution of innovation technologies and sustainable alternative fuels, including synthetic fuels, to reach climate neutral mobility; (f) the contribution of emissions trading in road transport; (g) the functioning of the incentive mechanism for zero- and low-emission vehicles; (h) the impact on consumers, particularly those on low and medium incomes; (i) progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition, taking into account employment and competitiveness, towards affordable climate neutral road mobility. For each of the factors listed above, the Commission shall issue an assessment of its effectiveness, taking into account expected progress, in enabling the 2030 and 2035 fleet average CO2 targets to be met.
2022/02/08
Committee: ITRE
Amendment 293 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14 a – paragraph 2
In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050. This includes the deployment of zero- and low-emission vehicles, the transition from a purely exhaust-emissions-based to a holistic life- cycle-analysis-based approach to emissions, the threshold of grammes of CO2 used for defining what constitutes a low-emission vehicle and, if necessary, the revision thereof, progress in achieving the targets for the roll-out of recharging and refuelling infrastructure as required under the Alternative Fuels Infrastructure Regulation, the potential contribution of innovation technologies and sustainable alternative fuels to reach climate neutral mobility, impact on consumers, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition towards zero emissionclimate- neutral road mobility.
2022/02/08
Committee: ITRE
Amendment 336 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – part A – point 6.1.3
(c) the following point 6.1.3 is added: 6.1.3. EU fleet-wide target for 2035 onwards EU fleet-wide target2035 = EU fleet-wide target2021 (1– reduction factor2035) where: EU fleet-wide target2021 is as defined in point 6.0; Reduction factor2035 is as defined in Article 1(5a), point (a).deleted
2022/02/08
Committee: ITRE
Amendment 361 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex I – part A – point 6.3.2
6.3.2 Specific emissions targets for 2030 to 2034
2022/02/08
Committee: ITRE
Amendment 369 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex I – part A – point 6.3.3
6.3.3 Specific emissions targets for 2035 onwards Specific emissions target = EU fleet-wide target2035 + a2035 · (TM-TM0) Where, EU fleet-wide target2035 is as determined in accordance with point 6.1.3; a2035 is 𝒂𝟐𝟎𝟐𝟏 ∙ 𝑬𝑼 𝒇𝒍𝒆𝒆𝒕 ― 𝒘𝒊𝒅𝒆 𝒕𝒂𝒓𝒈𝒆𝒕𝟐𝟎𝟑𝟓 where, a2021 is as defined in point 6.2.1 average emissions2021 is as defined in point 6.2.1 TM is as defined in point 6.2.1 TM0 is as defined in point 6.2.1 ___________________ * The share of zero- and low-emission vehicles in the new passenger car fleet of a Member State in 2017 is calculated as the total number of new zero- and low- emission vehicles registered in 2017 divided by the total number of new passenger cars registered in the same year.;deleted 𝒂𝒗𝒆𝒓𝒂𝒈𝒆 𝒆𝒎𝒊𝒔𝒔𝒊𝒐𝒏𝒔𝟐𝟎𝟐𝟏
2022/02/08
Committee: ITRE
Amendment 391 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point c
Regulation (EU) 2019/631
Annex I – part B – point 6.1.3
6.1.3. The EU fleet-wide targets for 2035 onwards EU fleet-wide target2035 = EU fleet-wide target2021 (1– reduction factor2035) where: EU fleet-wide target2021 is as defined in point 6.0; Reduction factor2035 is as defined in Article 1(5a), point (b).deleted
2022/02/08
Committee: ITRE
Amendment 413 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point f
Regulation (EU) 2019/631
Annex I – part B – point 6.3.2
6.3.2. Specific emissions targets for 2030 to 2034
2022/02/08
Committee: ITRE
Amendment 421 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point g
Regulation (EU) 2019/631
Annex I – part B – point 6.3.3
(g) the following point 6.3.3 is added: 6.3.3. Specific emissions targets for 2035 onwards Specific emissions target = specific emissions reference target – (øtargets - EU fleet-wide target2035) where: Specific emissions reference target is the specific emissions reference target for the manufacturer determined in accordance with point 6.2.3; øtargets is the average, weighted on the number of new light commercial vehicles of each individual manufacturer, of all the specific emission reference targets determined in accordance with point 6.2.3; EU fleet-wide target2035 is as determined in point 6.1.3.deleted
2022/02/08
Committee: ITRE
Amendment 217 #

2021/0191(COD)

Proposal for a regulation
Recital 1
(1) The transition to a low-carbon-neutral, more sustainable, resource-efficient, circular and fair economy is key to ensuring the long-term competitiveness of the economy of the Union and the well- being of its peoples. In 2016, the Union concluded the Paris Agreement31. Article 2(1), point (c), of the Paris Agreement sets out the objective of strengthening the response to climate change by, among other means, making finance flows consistent with a pathway towards low greenhouse gas emissions and climate- resilient development. __________________ 31Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 4).
2022/01/20
Committee: ECON
Amendment 231 #

2021/0191(COD)

Proposal for a regulation
Recital 3
(3) Both private and public investment are essential in order to achieve the transition to a carbon-neutral environment. Environmentally sustainable bonds are one of the main instruments for financing investments related to low- carbon technologies, energy and resource efficiency as well as sustainable transport infrastructure and research infrastructure which are needed to deliver a carbon- neutral future. Financial or non-financial undertakings or sovereigns can issue such bonds. Various existing initiatives for environmentally sustainable bonds do not ensure common definitions of environmentally sustainable economic activities. This prevents investors from easily identifying bonds the proceeds of whichwhich bonds are aligned with, or are contributing to environmental objectives as laid down in the Paris Agreement.
2022/01/20
Committee: ECON
Amendment 238 #

2021/0191(COD)

Proposal for a regulation
Recital 6
(6) The lack of harmonised rules for the procedures used by external reviewers to review environmentally sustainable bonds and the diverging definitions of environmentally sustainable activities make it increasingly difficult for investors to effectively compare bonds across the internal market with respect to their environmental objectives. The market for environmentally sustainable bonds is inherently international, with market participants trading bonds and making use of external review services from third party providers across borders, including those from third countries. Action at Union level could reduce the risk of fragmentation of the internal market for environmentally sustainable bonds and bond-related external review services, and ensure the application of Regulation (EU) 2020/852 of the European Parliament and of the Council34 in the market for such bonds. __________________ 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
2022/01/20
Committee: ECON
Amendment 246 #

2021/0191(COD)

Proposal for a regulation
Recital 7
(7) A uniform set of specific requirements should therefore be laid down for bonds issued by financial or non- financial undertakings or sovereigns that voluntarily wish to use the designation ‘European green bond’ or ‘EuGB’ for such bonds. Specifying quality requirements for European green bonds in the form of a Regulation should ensure that there are uniform conditions for the issuance of such bonds by preventing diverging national requirements that could result from a transposition of a Directive, and should also ensure that those conditions are directly applicable to issuers of such bonds. Issuers that voluntarily use the designation ‘European green bond’ or ‘EuGB’ should follow the same rules across the Union, to increase market efficiency by reducing discrepancies and thereby also reducing the costs ofassociated with assessing those bonds for investors. A uniform, reliable standard with integrity would also help incentivise cross-border investment in such bonds.
2022/01/20
Committee: ECON
Amendment 279 #

2021/0191(COD)

Proposal for a regulation
Recital 11
(11) Article 4 of Regulation (EU) 2020/852 requires Member States and the Union to apply the criteria set out in Article 3 of that Regulation to determine whether an economic activity qualifies as environmentally sustainable for the purposes of any measure setting out requirements for financial market participants or issuers in respect of financial products or corporate bonds that are made available as environmentally sustainable. It is therefore logical that the technical screening criteria referred to in Article 3, point (d), of Regulation (EU) 2020/852 should determine which fixed assets, expenditures and financial assets can be financed by the proceeds of European green bonds. In view of the expected technological progress in the field of environmental sustainability, the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852 are likely to be reviewed and amended over time. Regardless of such changes, in order to provide legal certainty to issuers and investors and prevent amendments to the technical screening criteria from having a negative impact on the price of European green bonds that have already been issued, issuers should be able to apply the technical screening criteria applicable at the moment the European green bond was issued when allocating the proceeds of such bonds to eligible fixed assets or expenditures, until maturity of the bond. To ensure legal certainty for European green bonds whose proceeds are allocated to financial assets, it is necessary to clarify that the underlying economic activities funded by those financial assets should comply with the technical screening criteria applicable at the moment the financial assets were created. Where the relevant delegated acts are amended, the issuer should allocate proceeds by applying the amended delegated acts within five years.
2022/01/20
Committee: ECON
Amendment 287 #

2021/0191(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) Issuers of European green bonds should use such bonds as part of their overarching sustainability strategy. As such, issuers should adhere to certain entity-level sustainability requirements. That includes aligning to minimum safeguards as set out in Article 18 of Regulation (EU) 2020/852. Issuers should also not be engaged in tax avoidance practices via countries on the EU list of non-cooperative jurisdictions for tax purposes.
2022/01/20
Committee: ECON
Amendment 297 #

2021/0191(COD)

Proposal for a regulation
Recital 14
(14) Investors should benefit from cost- effective access to reliable information about the European green bonds. Issuers of European Green Bonds should therefore contract independent external reviewers to provide a pre-issuance review of the European green bond factsheet, and post- issuance reviews of European green bond annual allocation reports.
2022/01/20
Committee: ECON
Amendment 327 #

2021/0191(COD)

Proposal for a regulation
Recital 36 a (new)
(36a) The application of this Regulation should be reviewed in order to assess, inter alia, the uptake of the European green bond standard, the functioning of the market of external reviewers, whether the standard should be converted to a mandatory standard.
2022/01/20
Committee: ECON
Amendment 330 #

2021/0191(COD)

Proposal for a regulation
Recital 37
(37) The objectives of this Regulation are twofold. On the one hand, it aims to ensure that uniform requirements apply to the use of the designation of ‘European green bond’ or ‘EuGB’. On the other hand, it aims to establish a simple registration system and supervisory framework for external reviewers by entrusting a single supervisory authority with the registration and supervision of external reviewers in the Unionof EuGB. Both aims should facilitate capital raising for projects that pursue environmentally sustainable objectives. Since those objectives cannot be sufficiently achieved by the Member States but can be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
2022/01/20
Committee: ECON
Amendment 346 #

2021/0191(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Before maturity of the bond, the proceeds of European green bonds shall be exclusively and fully allocated, withoutafter deducting costs directly linked to issuance, to the following, or a combination thereof:
2022/01/20
Committee: ECON
Amendment 373 #

2021/0191(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2a. By way of derogation from Article 6(1), up to 20 % of the proceeds of European green bonds may be allocated to environmentally sustainable activities that are aligned with the taxonomy principles set out in Article 3, points (a) to (c) of Regulation (EU) 2020/852, but only for the following: (a) economic activities for which the technical screening criteria referred to in Article 3, point (d), of Regulation (EU) 2020/852 have not yet entered into force; (b) economic activities for which, due to their innovative or complex nature or their location, those technical screening criteria are not directly applicable; (c) non-economic activities with environmental objectives, pursued by a sovereign issuer, such as but not limited to fundamental research, (geo-) spacial technologies, nature conservation and international climate/development finance. Where the proceeds are intended to be allocated in accordance with this sub- paragraph, the issuer shall explain: (i) why the technical screening criteria referred to in point (d) of Article 3 of Regulation (EU) 2020/852 are not applicable to those bond proceeds; (ii) how the activities for the allocation of those bond proceeds were or will be evaluated and selected, and which criteria were or will be applied; (iii) how the taxonomy principles set out in Article 3, points (a) to (c) of Regulation (EU) 2020/852 are or will be met. Those explanations shall be included in the European green bond factsheet, the allocation and impact report and be validated by an external reviewer in form of a detailed assessment with a positive opinion in the pre- and post-issuance reviews. The external reviewer shall validate in the post-issuance review that the proceeds have been allocated in accordance with the stated environmental objectives and provide an assessment of the environmental quality of the bond proceeds.
2022/01/20
Committee: ECON
Amendment 404 #

2021/0191(COD)

Proposal for a regulation
Article 7 a (new)
Article 7a Entity level requirements to issuers of European green bonds Issuers of European green bonds shall demonstrate that they have considered alignment with the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, including the principles and rights set out in the eight fundamental conventions identified in the Declaration of the International Labour Organisation on Fundamental Principles and Rights at Work and the International Bill of Human Rights.
2022/01/20
Committee: ECON
Amendment 413 #

2021/0191(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. A European green bond factsheet may relate to one or several European green bond issuances. Factsheets may be published jointly.
2022/01/20
Committee: ECON
Amendment 420 #

2021/0191(COD)

Proposal for a regulation
Article 9 – paragraph 6
6. Issuers of European green bonds shall provide the allocation reports referred to in paragraph 3, 4, and 5 to an external reviewer within 390 days following the end of the year to which the allocation reports refer. The post-issuance review must be made public within 90 days following the receipt of the allocation report.
2022/01/20
Committee: ECON
Amendment 465 #

2021/0191(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. External reviewers shall adopt and implement measures to ensure that their pre-issuance reviews as referred to in Article 8 and their post-issuance reviews as referred to in Article 9 are based on a thorough analysis of all the information that is available to them and that, according to their transparent and public methodologies, is relevant to their analysis.
2022/01/20
Committee: ECON
Amendment 73 #

2021/0171(COD)

Proposal for a directive
Recital 14
(14) The definitions contained in this Directive determine the scope of harmonisationzation and are without prejudice to national law in the situations indicated below. The obligation on Member States to implement this Directive should therefore be limited to its scope as determined by those definitions. However, this Directive should be without prejudice to the application by Member States, in accordance with Union law, of the provisions of this Directive to areas not covered by its scope. A Member State could thereby maintain or introduce national legislation corresponding to this Directive or certain provisions of this Directive on credit agreements outside its scope, for instance on credit agreements upon the conclusion of which the consumer is requested to deposit an item as security in the creditor's safe-keeping and where the liability of the consumer is strictly limited to that pledged item. Furthermore, Member States could also apply this Directive to linked credit which does not fall within the definition of a linked credit agreement in this Directive. Thus, the provisions of this Directive on linked credit agreements could be applied to credit agreements that serve only partially to finance a contract for the supply of goods or provision of a service.
2022/02/28
Committee: ECON
Amendment 74 #

2021/0171(COD)

Proposal for a directive
Recital 15
(15) A number of Member States have applied Directive 2008/48/EC to areas not covered by its scope to enhance the level of consumer protection. In fact, several of the credit agreements not falling within the scope of that Directive can be detrimental for consumers, including short-term high cost loans whose amount is typically lower than the minimum threshold of EUR 200 set out in Directive 2008/48/EC. In this context, and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market, the scope of this Directive should cover some agreements that were excluded from the scope of Directive 2008/48/EC, such as consumer credit agreements below the amount of EUR 200. Likewise, other potentially detrimental products, because of the high costs they entail or high fees in case of missed payments, should be covered by this Directive, to ensure increased transparency and better consumerHowever, to maintain the “raison d’être” of these short term/small amount credits, the extension of the scope must be accompanied by protecportion, resulting in higher consumer confidence. To this extent, leasing agreements, credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month, and credit agreements where the credit is granted free of interest and without any other charges, including Buy Now Pay Later schemes, i.e. new digital financial tools that let consumers make purchases and payate requirements. This Directive should not apply to hiring or leasing agreements where an obligation to purchase them off over time, and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this Directivebject of the agreement is not laid down either by the agreement itself or by any separate agreement. Moreover, all credit agreement up until EUR 100 000 should be included in the scope of application of this Directive. The upper threshold of credit agreements under this Directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.
2022/02/28
Committee: ECON
Amendment 80 #

2021/0171(COD)

Proposal for a directive
Recital 26
(26) Consumers who are legally resident in the Union should not be discriminated against on ground of their nationality or place of residence, or on any ground as referred to in Article 21 of the Charter when requesting, concluding or holding a credit agreement or an agreement for the provision of crowdfunding credit services within the Union. However, these provisions are applied without prejudice to the right of creditors not to engage in certain activities in certain Member States.
2022/02/28
Committee: ECON
Amendment 82 #

2021/0171(COD)

Proposal for a directive
Recital 30
(30) In order to be able to make their decisions in full knowledge of the facts, consumers should receive adequate information, for careful consideration at their own leisure and convenience, if possible at least one day prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services, including information on the conditions and cost of the credit and on their obligations, as well as adequate explanations thereof. These rules should be without prejudice to Council Directive 93/13/EEC29. __________________ 29 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
2022/02/28
Committee: ECON
Amendment 105 #

2021/0171(COD)

Proposal for a directive
Recital 47
(47) The assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer. The European Banking Authority Guidelines on loan origination and monitoring (EBA/GL/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes, which include evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. Personal data, such as personal data found on social media platforms or health data, including cancer data, should not be used when conducting a creditworthiness assessment. Consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. In principle, credit should only made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, should such assessment be negative, the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer, or in case of loans to fund exceptional healthcare expenses, students loans or loans for consumers with disabilities. In such case, when deciding on whether or not to make the credit available to the consumer, the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit, and the likelihood that the obligations resulting from the agreement will be met. However, a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.
2022/02/28
Committee: ECON
Amendment 128 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point c
(c) credit agreements involving a total amount of creditless than EUR 250 ofr more than EUR 100 000;
2022/02/28
Committee: ECON
Amendment 131 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
(ja) Rental or leasing agreements in which an obligation to purchase the rental or leasing item is neither laid down by the agreement itself nor by any separate agreement; such an obligation shall be deemed to exist if such an obligation is decided unilaterally by the creditor.
2022/02/28
Committee: ECON
Amendment 139 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j b (new)
(jb) credit Agreements in form of an overdraft facility and where the credit has to be repaid within one month;
2022/02/28
Committee: ECON
Amendment 145 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 3
3. Notwithstanding paragraph 2, point (c), this Directive applies to unsecured credit agreements involving a total amount of credit of more than EUR 100 000, where the purpose of those credit agreements is the renovation of a residential immovable property, provided they do not fall under the scope of different national legislation.
2022/02/28
Committee: ECON
Amendment 171 #

2021/0171(COD)

Proposal for a directive
Article 7 – paragraph 1
Without prejudice to Directive 2005/29/EC, Member States shall require that any advertising and marketing communications concerning credit agreements or crowdfunding credit services covered by this legislation are fair, clear and not misleading. Wording in such advertising and marketing communications that may create false expectations for a consumer regarding the availability or the cost of a credit shall be prohibited.
2022/02/28
Committee: ECON
Amendment 192 #

2021/0171(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that clear and comprehensible general information about credit agreements or crowdfunding credit services is made available to consumers by creditors or, where applicable, by credit intermediaries or providers of crowdfunding credit services, at all times in electronic form or on request by the customer on paper or on another durable medium.
2022/02/28
Committee: ECON
Amendment 197 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
1. Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services provide the consumer with the pre-contractual information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement or crowdfunding credit services on the basis of the credit terms and conditions offered by the creditor or by the provider of crowdfunding credit services and, where applicable, the preferences expressed and information supplied by the consumer. Such pre-contractual information shall be provided to the consumer at least one dayin due time before he or she is bound by any credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services.
2022/02/28
Committee: ECON
Amendment 203 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point q
(q) the right of early repayment, and, where applicable, information concerning the creditor's right to compensation and the way in which that compensation will be determined in accordance with Article 29;
2022/02/28
Committee: ECON
Amendment 211 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4
4. At the same time as the Standard European Consumer Credit Information form is provided to the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services, shall provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II, containing the following pre-contractual information: (a) (b) agreement or of the agreement for the provision of crowdfunding credit services; (c) borrowing rates if different borrowing rates apply in different circumstances; (d) charge and the total amount payable by the consumer; (e) of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f)deleted the total amount of credit; the duration of the credit the borrowing rate, or all the annual percentage rate of in the case of a credit in the form costs in the case of late payments;
2022/02/28
Committee: ECON
Amendment 212 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – introductory part
4. At the same time as the Standard European Consumer Credit Information form is provided to the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services, shallmay provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II, containing the following pre- contractual information:
2022/02/28
Committee: ECON
Amendment 241 #

2021/0171(COD)

Proposal for a directive
Article 13
Article 13 Personalised offers on the basis of automated processing Member States shall require that creditors, credit intermediaries and providers of crowdfunding credit services inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data.deleted
2022/02/28
Committee: ECON
Amendment 282 #

2021/0171(COD)

Proposal for a directive
Article 17 – paragraph 1
Member States shall prohibit any sale of credit to consumers, without their prior request andor explicit agreement.
2022/02/28
Committee: ECON
Amendment 288 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. That assessment shall be done in the interest of the consumer, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate and proportionate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services, according to the nature, duration and the risk profile of the consumer.
2022/02/28
Committee: ECON
Amendment 303 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
The information obtained in accordance with this paragraph shall be appropriately verified, where necessary through reference to independently verifiable documentation or by statistical methods with automated decision-making.
2022/02/28
Committee: ECON
Amendment 306 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 3 – subparagraph 2
Member States shall also require that the creditor or the provider of crowdfunding credit services documents and maintains the information referred to in paragraph 2.deleted
2022/02/28
Committee: ECON
Amendment 310 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.
2022/02/28
Committee: ECON
Amendment 321 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6
6. Where the creditworthiness assessment involves the use of profiling or other automated processing of personal data, Member States shall ensure that the consumer has the right to: (a) request and obtain human intervention on the part of the creditor or the provider of crowdfunding credit services to review the decision; (b) creditor or the provider of crowdfunding credit services a clear explanation of the assessment of creditworthiness, including on the logic and risks involved in the automated processing of personal data as well as its significance and effects on the decision; (c) express his or her point of view and contest the assessment of the creditworthiness and the decision.deleted request and obtain from the
2022/02/28
Committee: ECON
Amendment 331 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 9 a (new)
9a. Notwithstanding the preceding paragraphs and for proportionality reasons, for credits Agreements below the amount of EUR 250 or credit agreements under the terms of which the credit has to be repaid within three months, the creditor complies with the requirements of this article through the consultation of the relevant databases referred to in article 19 of the directive.
2022/02/28
Committee: ECON
Amendment 332 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 9 b (new)
9b. Member States shall require that each creditors, credit intermediaries and providers of crowdfunding credit services that are not credit institutions as defined in Article 4(1), point(1), of Regulation (EU) No 575/2013 , authorised to consult the relevant databases referred to in article 19, are obliged to the enrichment of them.
2022/02/28
Committee: ECON
Amendment 343 #

2021/0171(COD)

Proposal for a directive
Article 21 – paragraph 3 a (new)
3a. In the case of credit agreements in the form of overdraft facilities where the credit has to be repaid on demand or between one and three months as referred to in Article 2(4b), the following shall be specified in a clear and concise manner: (a) the type of credit; (b) the identities and geographical addresses of the contracting parties as well as, if applicable, the identity and geographical address of the credit intermediary involved; (c) the duration of the credit agreement; (d) the total amount of the credit and the conditions governing the drawdown; (e) the borrowing rate, the conditions governing the application of the borrowing rate and, where available, any index or reference rate applicable to the initial borrowing rate, as well as the periods, conditions and procedure for changing the borrowing rate and, if different borrowing rates apply in different circumstances, the above mentioned information in respect of all the applicable rates; (f) the annual percentage rate of charge and the total cost of the credit to the consumer, calculated at the time the credit agreement is concluded; all the assumptions used in order to calculate that rate as referred to in Article 19(2) in conjunction with Article 3(g) and (i) shall be mentioned; Member States may decide that the annual percentage rate of charge need not be provided; (g) an indication that the consumer may be requested to repay the amount of credit in full on demand at any time; (h) conditions governing the exercise of the right of withdrawal from the credit agreement; and (i) information concerning the charges applicable from the time such agreements are concluded and, if applicable, the conditions under which those charges may be changed.
2022/02/28
Committee: ECON
Amendment 352 #

2021/0171(COD)

Proposal for a directive
Article 24 a (new)
Article 24a 1. In good time before the consumer becomes bound by any credit agreement or offer concerning a credit agreement as referred to in Article 2(4b), the creditor and, where applicable, the credit intermediary shall, on the basis of the credit terms and conditions offered by the creditor and, if applicable, the preferences expressed and information supplied by the consumer, provide the consumer with the information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement. The information in question shall specify: (a) the type of credit; (b) the identity and geographical address of the creditor as well as, if applicable, the identity and geographical address of the credit intermediary involved; (c) the total amount of credit; (d) the duration of the credit agreement; (e) the borrowing rate; the conditions governing the application of that rate, any index or reference rate applicable to the initial borrowing rate, the charges applicable from the time the credit agreement is concluded, and, where applicable, the conditions under which those charges may be changed; (f) the annual percentage rate of charge, illustrated by means of representative examples mentioning all the assumptions used in order to calculate that rate; (g) the conditions and procedure for terminating the credit agreement; (h) where applicable, an indication that the consumer may be requested to repay the amount of credit in full at any time; (i) the interest rate applicable in the case of late payments and the arrangements for its adjustment, and, where applicable, any charges payable for default; (j) the consumer's right to be informed immediately and free of charge, pursuant to Article 19(2), of a database consultation carried out for the purposes of assessing his creditworthiness; (k) information about the charges applicable from the time such agreements are concluded and, if applicable, the conditions under which those charges may be changed; (l) if applicable, the period of time during which the creditor is bound by the pre-contractual information. Such information shall be provided by digital message and, if required by the consumer, on paper or on another durable medium and all information shall be equally prominent. It may be provided by means of the European Consumer Credit Information form set out in Annex III. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3(1) and (2) of Directive 2002/65/EC if he has supplied the European Consumer Credit Information. 2. Member States may decide that the annual percentage rate of charge need not be provided. 3. However, in the case of voice telephony communications and where the consumer requests that the overdraft facility be made available with immediate effect, the description of the main characteristics of the financial service shall include at least the items referred to in points (c), (e), (f) and (h) of paragraph 1. 4. Upon request, the consumer shall, in addition to receiving the information referred to in paragraphs 1 to 4, be supplied free of charge with a copy of the draft credit agreement containing the contractual information provided for by Article 21 insofar as that Article is applicable. This provision shall not apply if the creditor is at the time of the request unwilling to proceed to the conclusion of the credit agreement with the consumer. 5. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with paragraph 1, the creditor shall immediately after the conclusion of the credit agreement fulfil his obligations under paragraph 1 by providing the contractual information pursuant to Article 21 insofar as that Article is applicable.
2022/02/28
Committee: ECON
Amendment 359 #

2021/0171(COD)

Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2 – point b
(b) the day on which the consumer receives the contractual terms and conditions and informationinformation of the right of withdrawal in accordance with Articles 20 and 21, if that day is later than the date referred to in point (a) of this subparagraph.
2022/02/28
Committee: ECON
Amendment 361 #

2021/0171(COD)

Proposal for a directive
Article 26 – paragraph 1 – subparagraph 3 a (new)
The period of withdrawal shall end the latest one year and 14 days after the Conclusion of the credit agreement.
2022/02/28
Committee: ECON
Amendment 381 #

2021/0171(COD)

Proposal for a directive
Article 31
Article 31 Caps on interest rates,deleted Member States shall introduce interest rates applicable to credit the annual percentage rate of charge and the total cost of the credit to the consumer 1. caps on one or more of the following: (a) agreements or to crowdfunding credit services; (b) charge; (c) consumer. 2. additional caps for revolving credit facilities.Member States may introduce
2022/02/28
Committee: ECON
Amendment 386 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 1 – introductory part
1. Member States shallmay introduce caps on one or more of the following:
2022/02/28
Committee: ECON
Amendment 426 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 1 – introductory part
1. Member States shallmay require creditors to have adequate policies and procedures so that they make efforts to exercise, where appropriate, reasonable forbearance before enforcement proceedings are initiated. Such forbearance measures shall take into account, among other elements, the consumer’s circumstances and may consist in, among other possibilities:
2022/02/28
Committee: ECON
Amendment 470 #

2021/0171(COD)

Proposal for a directive
Article 47 – paragraph 2
Directive 2008/48/EC shall also continue to apply to credit agreements existing on [OP: please insert date - six12 months from the transposition deadline] until [their termination].
2022/02/28
Committee: ECON
Amendment 472 #

2021/0171(COD)

Proposal for a directive
Article 47 – paragraph 3
However, Articles 23 and 24, Article 25(1), second sentence, Article 25(2) and Articles 28 and 39 of this Directive shall apply to all open-end credit agreements existing on [OP: please insert date - six12 months from the transposition deadline].
2022/02/28
Committee: ECON
Amendment 478 #

2021/0171(COD)

Proposal for a directive
Annex II
STANDARD EUROPEAN CONSUMER CREDIT OVERVIEW [...] Wherever ‘where applicable’ is indicated, the creditor or the provider of crowdfunding credit services must fill in the box if the information is relevant to the credit product, or delete the information or the entire row where the information is not relevant for the type of credit concerned. Indications between square brackets provide explanations for the creditor or the provider of crowdfunding credit services and must be replaced with the corresponding information. The Standard European Consumer Credit Overview must be displayed on one page on top of the Standard European Consumer Credit Information form, be clearly legible and be adapted to take into account the technical constraints of media on which it is displayed.deleted
2022/02/28
Committee: ECON
Amendment 274 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I anda machine-based system that can, for a given set of human-defined objectives, generate outputs such as content,make predictions, recommendations, or decisions influencing the environments they interact withreal or virtual environments; AI systems can be designed to operate with varying levels of autonomy and can be developed with one or more of the techniques and approaches listed in Annex I;
2022/03/31
Committee: ITRE
Amendment 311 #

2021/0106(COD)

Proposal for a regulation
Citation 5 a (new)
Having regard to the opinion of the European Central Bank,
2022/06/13
Committee: IMCOLIBE
Amendment 320 #

2021/0106(COD)

Proposal for a regulation
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I within the scope of the definition of an AI system as provided for in Article 3(1), in order to update that list to market and technological developments on the basis of characteristics that are similar to the techniques and approaches listed therein.
2022/03/31
Committee: ITRE
Amendment 348 #

2021/0106(COD)

Proposal for a regulation
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules as well as measures in support of innovation with a particular focus on SMEs and start-ups, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
2022/06/13
Committee: IMCOLIBE
Amendment 358 #

2021/0106(COD)

Proposal for a regulation
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. Therefore, the term AI system should be defined in line with internationally accepted definitions. The definition should be based on the key functional characteristics of the softwareAI systems, in particular the ability, for a given set of human-defined objectives, to generate outputs such as content, predictions, recommendations, or decisions which influence the environment with which the system interacts, be it in air physical or digital dimensionenvironment. AI systems can be designed to operate with varying levels of autonomy and be used on a stand- alone basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serve the functionality of the product without being integrated therein (non-embedded). The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which should be kept up-to– date in the light of market and technological developments through the adoption of delegated acts by the Commission to amend that list. In order to ensure alignment of definitions on an international level, the European Commission should engage in a dialogue with international organisations such as the Organisation for Economic Cooperation and Development (OECD), should their definitions of the term ‘AI system’ be adjusted.
2022/06/13
Committee: IMCOLIBE
Amendment 374 #

2021/0106(COD)

Proposal for a regulation
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned. The notion of remote biometric identification system shall not include verification or authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises.
2022/06/13
Committee: IMCOLIBE
Amendment 399 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. High-risk AI systems which make use of techniques involving the training of models with data shall be developed on the basis of training, assessment, validation and testing data sets that meet the quality criteria referred to in paragraphs 2 to 5.
2022/03/31
Committee: ITRE
Amendment 399 #

2021/0106(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) This Regulation should not undermine research and development activity and should respect freedom of science. It is therefore necessary to exclude from its scope AI systems specifically developed and put into service for the sole purpose of scientific research and development and to ensure that the Regulation does not otherwise affect scientific research and development activity on AI systems. As regards product oriented research activity by providers, the provisions of this Regulation should apply insofar as such research leads to or entails placing of an AI system on the market or putting it into service. Under all circumstances, any research and development activity should be carried out in accordance with recognised ethical standards for scientific research.
2022/06/13
Committee: IMCOLIBE
Amendment 402 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. The common practices standards for a high-risk AI system assessment shall be developed by the European Artificial Intelligence Board.
2022/03/31
Committee: ITRE
Amendment 404 #

2021/0106(COD)

Proposal for a regulation
Recital 12 b (new)
(12 b) Given the complexity of the value chain for AI systems, it is essential to clarify the role of persons who may contribute to the development of AI systems covered by this Regulation, without being providers and thus being obliged to comply with the obligations and requirements established herein. It is necessary to clarify that general purpose AI systems - understood as AI systems that are able to perform generally applicable functions such as image/speech recognition, audio/video generation, pattern detection, question answering, translation etc. - should not be considered as having an intended purpose within the meaning of this Regulation, unless those systems have been adapted to a specific intended purpose that falls within the scope of this Regulation. Initial providers of general purpose AI systems should therefore only have to comply with the provisions on accuracy, robustness and cybersecurity as laid down in Art. 15 of this Regulation. If a person adapts a general purpose AI application to a specific intended purpose and places it on the market or puts it into service, it shall be considered the provider and be subject to the obligations laid down in this Regulation. The initial provider of a general purpose AI application shall, after placing it on the market or putting it to service, and without compromising its own intellectual property rights or trade secrets, provide the new provider with all essential, relevant and reasonably expected information that is necessary to comply with the obligations set out in this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 405 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. Training, assessment, validation and testing data sets shall be subject to appropriate data governance and management practices. Those practices shall concern in particular, the following elements:
2022/03/31
Committee: ITRE
Amendment 415 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases that are likely to affect health and safety of persons or lead to discrimination prohibited by Union law;
2022/03/31
Committee: ITRE
Amendment 430 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended towith the objective to or the effect of distorting human behaviour, whereby physical or psychological harms are reasonably likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacitiesspecific groups of persons due to their age, disabilities, social or economic situation. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
2022/06/13
Committee: IMCOLIBE
Amendment 443 #

2021/0106(COD)

Proposal for a regulation
Recital 17 a (new)
(17 a) AI systems used by law enforcement authorities or on their behalf to predict the probability of a natural person to offend or to reoffend, based on profiling and individual risk-assessment hold a particular risk of discrimination against certain persons or groups of persons, as they violate human dignity as well as the key legal principle of presumption of innocence. Such AI systems should therefore be prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 449 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 a (new)
2a. This Regulation shall not apply to any research and development activity regarding AI systems in so far as such activity does not lead to or entail placing an AI system on the market or putting it into service.
2022/03/24
Committee: JURI
Amendment 450 #

2021/0106(COD)

Proposal for a regulation
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities. The use of those systems in publicly accessible places should therefore be prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 458 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 1 a (new)
1a. The definition of "appropriate level" in terms of cybersecurity shall be provided by the European Union Agency for Cybersecurity (ENISA) in line with Article 42(2).
2022/03/31
Committee: ITRE
Amendment 459 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The levels of accuracy and the relevant accuracy metrics of high-risk AI systems shall be declared in the accompanying instructions of use. European Artificial Intelligence Board shall define a common methodology for the definition and communication of these metrics also referred to in Article 9(7).
2022/03/31
Committee: ITRE
Amendment 462 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content,make predictions, recommendations, or decisions influencing the environments they intreal or virtual environments; AI systems can be designed to operacte with varying levels of autonomy and can be developed with one or more of the techniques and approaches listed in Annex I;
2022/03/24
Committee: JURI
Amendment 463 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1
The robustness of high-risk AI systems may be achieved through technical redundancy solutions, which may include backup or fail-safe plans by the provider, or where appropriate the users of the product with input from the user, where considered necessary.
2022/03/31
Committee: ITRE
Amendment 464 #

2021/0106(COD)

Proposal for a regulation
Recital 19
(19) The use of those systems for the purpose of law enforcement should therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use is strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38 if those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined in the law of that Member State. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionate to highly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 465 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1a) 'autonomy' means that to some degree an AI system operates by interpreting certain input and by using a set of pre-determined objectives, without being limited to such instructions, despite the system’s behaviour being constrained by, and targeted at, fulfilling the goal it was given and other relevant design choices made by its developer;
2022/03/24
Committee: JURI
Amendment 466 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 b (new)
(1b) 'general purpose AI application' means AI applications that are able to perform generally applicable functions such as image or speech recognition, audio or video generation, pattern detection, question answering, and translation, are largely customizable and often open source software.
2022/03/24
Committee: JURI
Amendment 468 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘small-scale provider’ means a provider that is a micro or small enterprise within the meaning of Commission Recommendation 2003/361/EC61 ; _________________ 61 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).deleted
2022/03/24
Committee: JURI
Amendment 477 #

2021/0106(COD)

Proposal for a regulation
Recital 20
(20) In order to ensure that those systems are used in a responsible and proportionate manner, it is also important to establish that, in each of those three exhaustively listed and narrowly defined situations, certain elements should be taken into account, in particular as regards the nature of the situation giving rise to the request and the consequences of the use for the rights and freedoms of all persons concerned and the safeguards and conditions provided for with the use. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement should be subject to appropriate limits in time and space, having regard in particular to the evidence or indications regarding the threats, the victims or perpetrator. The reference database of persons should be appropriate for each use case in each of the three situations mentioned above.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 486 #

2021/0106(COD)

Proposal for a regulation
Recital 21
(21) Each use of a ‘real-time’ remote biometric identification system in publicly accessible spaces for the purpose of law enforcement should be subject to an express and specific authorisation by a judicial authority or by an independent administrative authority of a Member State. Such authorisation should in principle be obtained prior to the use, except in duly justified situations of urgency, that is, situations where the need to use the systems in question is such as to make it effectively and objectively impossible to obtain an authorisation before commencing the use. In such situations of urgency, the use should be restricted to the absolute minimum necessary and be subject to appropriate safeguards and conditions, as determined in national law and specified in the context of each individual urgent use case by the law enforcement authority itself. In addition, the law enforcement authority should in such situations seek to obtain an authorisation as soon as possible, whilst providing the reasons for not having been able to request it earlier.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 494 #

2021/0106(COD)

Proposal for a regulation
Recital 22
(22) Furthermore, it is appropriate to provide, within the exhaustive framework set by this Regulation that such use in the territory of a Member State in accordance with this Regulation should only be possible where and in as far as the Member State in question has decided to expressly provide for the possibility to authorise such use in its detailed rules of national law. Consequently, Member States remain free under this Regulation not to provide for such a possibility at all or to only provide for such a possibility in respect of some of the objectives capable of justifying authorised use identified in this Regulation.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 497 #

2021/0106(COD)

Proposal for a regulation
Recital 23
(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric data. The rules of this Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner. Therefore, such use and processing should only be possible in as far as it is compatible with the framework set by this Regulation, without there being scope, outside that framework, for the competent authorities, where they act for purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed in Article 10 of Directive (EU) 2016/680. In this context, this Regulation is not intended to provide the legal basis for the processing of personal data under Article 8 of Directive 2016/680. However, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by competent authorities, should not be covered by the specific framework regarding such use for the purpose of law enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law that may give effect to it.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 498 #

2021/0106(COD)

Proposal for a regulation
Article 3 a (new)
Article 3 a General Purpose AI 1. General purpose AI applications shall not be considered as having an intended purpose within the meaning of this Regulation unless those systems have been adapted to a specific intended purpose that falls within the scope of this Regulation. 2. Any natural or legal person that adapts a general purpose AI application to a specific intended purpose and places it on the market or puts it into service shall be considered the provider and be subject to the obligations laid down in this Regulation. 3.The initial provider of a general purpose AI application shall, after placing it on the market or putting it to service and without compromising its own intellectual property rights or trade secrets, provide the new provider referred to in paragraph 2 with all essential, relevant and reasonably expected information that is necessary to comply with the obligations set out in this Regulation. 4. The initial provider of a general purpose AI application shall only be responsible for the accuracy of the provided information towards the natural or legal person that adapts the general purpose AI application to a specific intended purpose.
2022/03/24
Committee: JURI
Amendment 510 #

2021/0106(COD)

Proposal for a regulation
Article 42 – paragraph 1
1. Taking into account their intended purpose and based on the risk evaluation, high-risk AI systems that have been trained and tested on data concerning the specific geographical, behavioural and functional setting within which they are intended to be used shall be presumed to be in compliance with the requirement set out in Article 10(4).
2022/03/31
Committee: ITRE
Amendment 511 #

2021/0106(COD)

Proposal for a regulation
Recital 24
(24) Any processing of biometric data and other personal data involved in the use of AI systems for biometric identification, other than in connection to the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement as regulated by this Regulation, including where those systems are used by competent authorities in publicly accessible spaces for other purposes than law enforcement, should continue to comply with all requirements resulting from Article 9(1) of Regulation (EU) 2016/679, Article 10(1) of Regulation (EU) 2018/1725 and Article 10 of Directive (EU) 2016/680, as applicable.
2022/06/13
Committee: IMCOLIBE
Amendment 515 #

2021/0106(COD)

Proposal for a regulation
Recital 24 a (new)
(24 a) Fundamental rights in the digital sphere have to be guaranteed to the same extent as in the offline world. The right to privacy needs to be ensured, amongst others through end-to-end encryption in private online communication and the protection of private content against any kind of general or targeted surveillance, be it by public or private actors. Therefore, the use of AI systems violating the right to privacy in online communication services should be prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 534 #

2021/0106(COD)

Proposal for a regulation
Recital 30
(30) As regards AI systems that are safety components of products, or which are themselves products, falling within the scope of certain Union harmonisation legislation, it is appropriate to classify them as high-risk under this Regulation if the product in question undergoes the conformity assessment procedure in order to ensure compliance with essential safety requirements with a third-party conformity assessment body pursuant to that relevant Union harmonisation legislation. In particular, such products are machinery, toys, lifts, equipment and protective systems intended for use in potentially explosive atmospheres, radio equipment, pressure equipment, recreational craft equipment, cableway installations, appliances burning gaseous fuels, medical devices, and in vitro diagnostic medical devices.
2022/06/13
Committee: IMCOLIBE
Amendment 546 #

2021/0106(COD)

Proposal for a regulation
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk, except for verification or authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversight.
2022/06/13
Committee: IMCOLIBE
Amendment 563 #

2021/0106(COD)

Proposal for a regulation
Recital 36
(36) AI systems used for making autonomous decisions or materially influencing decisions in employment, workers management and access to self- employment, notably for the recruitment and selection of persons, for making decisions on promotion and termination and for task allocation, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-risk, since those systems may appreciably impact future career prospects and livelihoods of these persons. Relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Such persons should in principle not be considered users within the meaning of this Regulation. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy.
2022/06/13
Committee: IMCOLIBE
Amendment 573 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point a
(a) provide small-scale providers andSME providers, including start-ups with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions;
2022/03/31
Committee: ITRE
Amendment 575 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point b
(b) organise specific awareness raising and enhanced digital skills development activities about the application of this Regulation tailored to the needs of the small-scale providerSME providers, including start-ups and users;
2022/03/31
Committee: ITRE
Amendment 576 #

2021/0106(COD)

Proposal for a regulation
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providerSMEs and start-ups for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
2022/06/13
Committee: IMCOLIBE
Amendment 577 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point c
(c) where appropriate, establish a dedicated channel for communication with small-scale providersSME providers, including start-ups, and user and other innovators to provide guidance and respond to queries about the implementation of this Regulation.
2022/03/31
Committee: ITRE
Amendment 579 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 a (new)
1a. ‘Regulatory sandbox’ means a facility established by the Commission in collaboration with one or more Member States competent authorities or the European Data Protection Supervisor that provides an appropriate controlled and flexible environment that facilitates the safe development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan.
2022/03/31
Committee: ITRE
Amendment 580 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 2
2. The specific interests and needs of the small-scale providersSME providers, including start-ups, shall be taken into account when setting the fees for conformity assessment under Article 43, reducing those fees proportionately to their development stage, size and market size.
2022/03/31
Committee: ITRE
Amendment 582 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 2 a (new)
2a. The Commission shall regularly assess the certification and compliance costs for SMEs, including start-ups, through consultations with the SME providers, start-ups and users.
2022/03/31
Committee: ITRE
Amendment 582 #

2021/0106(COD)

Proposal for a regulation
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk a number of AI systems intended to be used in the law enforcement context where accuracy, reliability and transparency is particularly important to avoid adverse impacts, retain public trust and ensure accountability and effective redress. In view of the nature of the activities in question and the risks relating thereto, those high-risk AI systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect the emotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of criminal offences, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offences.
2022/06/13
Committee: IMCOLIBE
Amendment 599 #

2021/0106(COD)

Proposal for a regulation
Recital 40
(40) Certain AI systems intended for the administration of justice and democratic processes should be classified as high-risk, considering their potentially significant impact on democracy, rule of law, individual freedoms as well as the right to an effective remedy and to a fair trial. In particular, to address the risks of potential biases, errors and opacity, it is appropriate to qualify as high-risk AI systems intended to assist judicial authorities in researching and interpreting facts andor the law and infor applying the law to a concrete set of facts. Such qualification should not extend, however, to AI systems intended for purely ancillary administrative activities that do not affect the actual administration of justice in individual cases, such as anonymisation or pseudonymisation of judicial decisions, documents or data, communication between personnel, administrative tasks or allocation of resources.
2022/06/13
Committee: IMCOLIBE
Amendment 662 #

2021/0106(COD)

Proposal for a regulation
Recital 56
(56) To enable enforcement of this Regulation and create a level-playing field for operators, and taking into account the different forms of making available of digital products, it is important to ensure that, under all circumstances, a person established in the Union can provide authorities with all the necessary information on the compliance of an AI system. Therefore, prior to making their AI systems available in the Union, where an importer cannot be identified, providers established outside the Union shall, by written mandate, appoint an authorised representative established in the Union.
2022/06/13
Committee: IMCOLIBE
Amendment 674 #

2021/0106(COD)

Proposal for a regulation
Recital 61
(61) Standardisation should play a key role to provide technical solutions to providers to ensure compliance with this Regulation. Compliance with harmonised standards as defined in Regulation (EU) No 1025/2012 of the European Parliament and of the Council54 should be a means for providers to demonstrate conformity with the requirements of this Regulation. However, the Commission could adopt common technical specifications in areas where no harmonised standards exist or where they are insufficientand are not expected to be published within a reasonable period or where they are insufficient, only after consulting the Artificial Intelligence Board, the European standardisation organisations as well as the relevant stakeholders. The Commission should duly justify why it decided not to use harmonised standards. _________________ 54 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
2022/06/13
Committee: IMCOLIBE
Amendment 683 #

2021/0106(COD)

Proposal for a regulation
Recital 64
(64) Given the more extensive experience of professional pre-market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phase of application of this Regulation, the scope of application of third-party conformity assessment for high-risk AI systems other than those related to products. Therefore, the conformity assessment of such systems should be carried out as a general rule by the provider under its own responsibility, with the only exception of AI systems intended to be used for the remote biometric identification of persons, for which and AI systems intended to be used to make inferences on the basis of biometric data that produce legal effects or affect the rights and freedoms of natural persons. For those types of AI systems the involvement of a notified body in the conformity assessment should be foreseen, to the extent they are not prohibited..
2022/06/13
Committee: IMCOLIBE
Amendment 713 #

2021/0106(COD)

Proposal for a regulation
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use or where the content is part of an obviously artistic, creative or fictional cinematographic work. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose, in an appropriate, clear and visible manner, that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
2022/06/13
Committee: IMCOLIBE
Amendment 733 #

2021/0106(COD)

Proposal for a regulation
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scaletart-ups and SME providers and users of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication. Moreover, the specific interests and needs of small-scale providerSMEs and start-ups shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users.
2022/06/13
Committee: IMCOLIBE
Amendment 741 #

2021/0106(COD)

Proposal for a regulation
Recital 76
(76) In order to facilitate a smooth, effective and harmonised implementation of this Regulation a European Artificial Intelligence Board should be established as a body of the Union and should have legal personality. The Board should be responsible for a number of advisory tasks, including issuing opinions, recommendations, advice or guidance on matters related to the implementation of this Regulation, including on technical specifications or existing standards regarding the requirements established in this Regulation and providing advice to and assisting the Commission and the national competent authorities on specific questions related to artificial intelligence.
2022/06/13
Committee: IMCOLIBE
Amendment 773 #

2021/0106(COD)

Proposal for a regulation
Article 55 – title
55 Measures for small-scale providerSMEs, start-ups and users
2022/03/24
Committee: JURI
Amendment 774 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point a
(a) provide small-scale providerSMEs and start-ups with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions;
2022/03/24
Committee: JURI
Amendment 775 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point b
(b) organise specific awareness raising activities about the application of this Regulation tailored to the needs of the small-scale providers and userSMEs and start-ups;
2022/03/24
Committee: JURI
Amendment 776 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point c
(c) where appropriate, establish a dedicated channel for communication with small-scale providers and userSMEs, start-ups and other innovators to provide guidance and respond to queries about the implementation of this Regulation.
2022/03/24
Committee: JURI
Amendment 777 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point c a (new)
(ca) support SME's increased participation in the standardisation development process;
2022/03/24
Committee: JURI
Amendment 778 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 2
2. The specific interests and needs of the small-scale providerSMEs and start-ups shall be taken into account when setting the fees for conformity assessment under Article 43, reducing those fees proportionately to their size and market size.
2022/03/24
Committee: JURI
Amendment 796 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point d
(d) harmonised transparency rules for certain AI systems intended to interact with natural persons, emotion recognition systems and biometric categorisation systems, and AI systems used to generate or manipulate image, audio or video content;
2022/06/13
Committee: IMCOLIBE
Amendment 797 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point e
(e) rules on market monitoring and, market surveillance and governance; .
2022/06/13
Committee: IMCOLIBE
Amendment 802 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point e a (new)
(e a) measures in support of innovation with a particular focus on SMEs and start-ups, including the setting up of regulatory sandboxes and the reduction of regulatory burdens.
2022/06/13
Committee: IMCOLIBE
Amendment 820 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) users of AI systems locatwho are established within the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 827 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) providers and users of AI systems thatwho are locatestablished in a third country, where the output produced by the system is used in the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 829 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providerSMEs and start-ups. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States may also establish one central contact point for communication with operators.
2022/03/24
Committee: JURI
Amendment 833 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
(c a) importers and distributors of AI systems;
2022/06/13
Committee: IMCOLIBE
Amendment 834 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
(c b) product placing on the market or putting into service an AI system together with their product and under their own name or trademark;
2022/06/13
Committee: IMCOLIBE
Amendment 837 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c c (new)
(c c) authorised representatives of providers, which are established in the Union.
2022/06/13
Committee: IMCOLIBE
Amendment 844 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – introductory part
2. For high-risk AI systems that are safety components of products or systems, or which are themselves products or systems, falling within the scope of the following acts,classified as high- risk AI in accordance with Article 6 related to products covered by Union harmonisation legislation listed in Annex II, section B only Article 84 of this Regulation shall apply:.
2022/06/13
Committee: IMCOLIBE
Amendment 845 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a
(a) Regulation (EC) 300/2008;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 847 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b
(b) Regulation (EU) No 167/2013;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 849 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c
(c) Regulation (EU) No 168/2013;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 851 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point d
(d) Directive 2014/90/EU;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 853 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point e
(e) Directive (EU) 2016/797;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 856 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point f
(f) Regulation (EU) 2018/858;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 857 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g
(g) Regulation (EU) 2018/1139;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 860 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point h
(h) Regulation (EU) 2019/2144.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 861 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 a (new)
2 a. This Regulation shall not apply to AI systems, including their output, specifically developed and put into service for the sole purpose of scientific research and development.
2022/06/13
Committee: IMCOLIBE
Amendment 863 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 b (new)
2 b. This Regulation shall not apply to any research and development activity regarding AI systems in so far as such activity does not lead to or entail placing an AI system on the market or putting it into service.
2022/06/13
Committee: IMCOLIBE
Amendment 875 #

2021/0106(COD)

Proposal for a regulation
Article 69 – paragraph 4
4. The Commission and the Board shall take into account the specific interests and needs of the small-scale providerSMEs and start-ups when encouraging and facilitating the drawing up of codes of conduct.
2022/03/24
Committee: JURI
Amendment 912 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact withreal or virtual environments; AI systems can be designed to operate with varying levels of autonomy and can be developed with one or more of the techniques and approaches listed in Annex I;
2022/06/13
Committee: IMCOLIBE
Amendment 923 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1 a) 'autonomy' means that to some degree an AI system operates by interpreting certain input and by using a set of pre-determined objectives, without being limited to such instructions, even when the system’s behaviour was initially constrained by, and targeted at, fulfilling the goal it was given and other relevant design choices made by its developer;
2022/06/13
Committee: IMCOLIBE
Amendment 926 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 b (new)
(1 b) 'general purpose AI system’ means an AI system that is able to perform generally applicable functions for multiple potential purposes, such as image or speech recognition, audio or video generation, pattern detection, question answering, and translation, is largely customizable and often open source software;
2022/06/13
Committee: IMCOLIBE
Amendment 930 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘provid'developer' means a natural or legal person, public authority, agency or other body that develops an AI system or that has an AI system developed with a view toand placinges it on the market or puttings it into service under its own name or trademark, whether for payment or free of charge or that adapts general purpose AI systems to a specific intended purpose;
2022/06/13
Committee: IMCOLIBE
Amendment 937 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘small-scale provider’ means a provider that is a micro or small enterprise within the meaning of Commission Recommendation 2003/361/EC61 ; _________________ 61 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 939 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
(3 a) ‘risk’ means the combination of the probability of occurrence of a harm and the severity of that harm;
2022/06/13
Committee: IMCOLIBE
Amendment 940 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 b (new)
(3 b) ‘significant harm‘ means a material harm to a person's life, health and safety or fundamental rights or entities or society at large whose severity is exceptional. The severity is in particular exceptional when the harm is hardly reversible, the outcome has a material adverse impact on health or safety of a person or the impacted person is dependent on the outcome;
2022/06/13
Committee: IMCOLIBE
Amendment 947 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘usdeployer’ means any natural or legal person, public authority, agency or other body using an AI system under its authority, except where the AI system is used in the course of a personal non- professional activity;
2022/06/13
Committee: IMCOLIBE
Amendment 1002 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 23
(23) ‘substantial modification’ means a change to the AI system following its placing on the market or putting into service, which affectsis not foreseen or planned by the provider and as a result of which the compliance of the AI system with the requirements set out in Title III, Chapter 2 of this Regulation oris affected or which results in a modification to the intended purpose for which the AI system has been assessed. A substantial modification is given if the remaining risk is increased by the modification of the AI system under the application of all necessary protective measures;
2022/06/13
Committee: IMCOLIBE
Amendment 1009 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 24
(24) ‘CE marking of conformity’ (CE marking) means a physical or digital marking by which a provider indicates that an AI system or a product with an embedded AI system is in conformity with the requirements set out in Title III, Chapter 2 of this Regulation and other applicable Union legislation harmonising the conditions for the marketing of products (‘Union harmonisation legislation’) providing for its affixing;
2022/06/13
Committee: IMCOLIBE
Amendment 1037 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions, thoughts or intentions of natural persons on the basis of their biometric or biometrics-based data;
2022/06/13
Committee: IMCOLIBE
Amendment 1044 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories, such as sex, age, hair colour, eye colour, tattoos, ethnic origin or sexual or political orientation, or inferring their characteristics and attributes on the basis of their biometric or biometrics-based data;
2022/06/13
Committee: IMCOLIBE
Amendment 1052 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified , excluding verification/authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises;
2022/06/13
Committee: IMCOLIBE
Amendment 1103 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
(44 a) ‘regulatory sandbox’ means a facility that provides a controlled environment that facilitates the safe development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan;
2022/06/13
Committee: IMCOLIBE
Amendment 1111 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
(44 b) ‘deep fake’ means an AI system that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful.
2022/06/13
Committee: IMCOLIBE
Amendment 1129 #

2021/0106(COD)

Proposal for a regulation
Article 3 a (new)
Article 3 a General Purpose AI 1. General purpose AI applications shall not be considered as having an intended purpose within the meaning of this Regulation unless those systems have been adapted to a specific intended purpose that falls within the scope of this Regulation. 2. Any natural or legal person that adapts a general purpose AI application to a specific intended purpose and places it on the market or puts it into service shall be considered the provider and be subject to the obligations laid down in this Regulation. 3.The initial provider of a general purpose AI application shall comply with Article 15 of this Regulation at all times. After placing it on the market or putting it to service, and without compromising its own intellectual property rights or trade secrets, provide the new provider referred to in paragraph 2 with all essential, relevant and reasonably expected information that is necessary to comply with the obligations set out in this Regulation. 4. The initial provider of a general purpose AI application shall only be responsible for the accuracy of the provided information and compliance with Article 15 of this Regulation towards the natural or legal person that adapts the general purpose AI application to a specific intended purpose.
2022/06/13
Committee: IMCOLIBE
Amendment 1136 #

2021/0106(COD)

Proposal for a regulation
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, after an adequate and transparent consultation process involving the relevant stakeholders, to amend the list of techniques and approaches listed in Annex I within the scope of the definition of an AI system as provided for in Article 3(1), in order to update that list to market and technological developments on the basis of transparent characteristics that are similar to the techniques and approaches listed therein. Providers and users of AI systems should be given 24 months to comply with any amendment to Annex I.
2022/06/13
Committee: IMCOLIBE
Amendment 1169 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order towith the objective to or the effect of materially distorting a person’s behaviour in a manner that causes or is reasonably likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1181 #

2021/0106(COD)

(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of an individual, including characteristics of such individual’s known or predicted personality or social or economic situation, a specific group of persons due to their age, physical or mental or disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1223 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
(c a) the placing on the market, putting into service or use of an AI system for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of a natural person or on assessing personality traits and characteristics or past criminal behaviour of natural persons or groups of natural persons;
2022/06/13
Committee: IMCOLIBE
Amendment 1234 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives:.
2022/06/13
Committee: IMCOLIBE
Amendment 1254 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
(i) the targeted search for specific potential victims of crime, including missing children;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1260 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
(ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1274 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
(iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1286 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
(d a) the use of an AI system for the general monitoring, detection and interpretation of private content in interpersonal communication services, including all measures that would undermine end-to-end encryption..
2022/06/13
Committee: IMCOLIBE
Amendment 1354 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall take into account the following elements: (a) the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm caused in the absence of the use of the system; (b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1356 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a
(a) the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm caused in the absence of the use of the system;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1358 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b
(b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1361 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1367 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1375 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1387 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1, point (d), 2 and 3. That Member State shall lay down in its national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, point (d), including which of the criminal offences referred to in point (iii) thereof, the competent authorities may be authorised to use those systems for the purpose of law enforcement.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1423 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) the AI system is intended to be used as a main safety component of a product, or is itself a product, covered by the Union harmonisation legislation listed in Annex II;
2022/06/13
Committee: IMCOLIBE
Amendment 1429 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) the product whose main safety component is the AI system, or the AI system itself as a product, is required to undergo a third-party conformity assessment in order to ensure compliance with essential safety requirements with a view to the placing on the market or putting into service of that product pursuant to the Union harmonisation legislation listed in Annex II.
2022/06/13
Committee: IMCOLIBE
Amendment 1437 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be considered high-risk in the meaning of this regulation, if they will be deployed in a critical area referred to in Annex III and an individual assessment of the specific application carried out in accordance with Art. 6a showed that a significant harm is likely to arise.
2022/06/13
Committee: IMCOLIBE
Amendment 1456 #

2021/0106(COD)

Proposal for a regulation
Article 6 a (new)
Article 6 a Risk assessment 1. In order to determine the level of risk of AI systems, the provider of an AI system with an intended purpose in the areas referred to in Annex III has to conduct a risk assessment. 2.The risk assessment has to contain the following elements: a) name all possible harms to life, health and safety or fundamental rights of potentially impacted persons or entities or society at large; b) asses the likelihood and severity these harms might materialise; c) name the potential benefits of such system for the potentially impacted persons and society at large; d) name possible and taken measures to address, prevent, minimise or mitigate the identified harms with a high probability to materialise; e) asses the possibilities to reverse these negative outcome; f) the extent to which decision-making of the system is autonomous and outside of human influence. 3. If the risk assessment showed a significant harm is likely to materialise the provider has to comply with Chapter 2 in a way that is appropriate and proportionate to the identified risks.
2022/06/13
Committee: IMCOLIBE
Amendment 1466 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by adding high-risk AI systems where, after an adequate and transparent consultation process involving the relevant stakeholders, to update the list in Annex III by withdrawing areas from that list or by adding critical areas. For additions both of the following conditions arneed to be fulfilled:
2022/06/13
Committee: IMCOLIBE
Amendment 1503 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
(b a) the extent to which the AI system acts autonomously;
2022/06/13
Committee: IMCOLIBE
Amendment 1520 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
(e a) the potential misuse and malicious use of the AI system and of the technology underpinning it;
2022/06/13
Committee: IMCOLIBE
Amendment 1531 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point g a (new)
(g a) magnitude and likelihood of benefit of the deployment of the AI system for individuals, groups, or society at large;
2022/06/13
Committee: IMCOLIBE
Amendment 1538 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point h – introductory part
(h) the extent to which existing Union legislation, in particular the GDPR, provides for:
2022/06/13
Committee: IMCOLIBE
Amendment 1549 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 a (new)
2 a. The Commission shall provide a transitional period of at least 24 months following each update of Annex III.
2022/06/13
Committee: IMCOLIBE
Amendment 1555 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. High-risk AI systems shall comply with the requirements established in this Chapter, taking into account the generally acknowledged state of the art, including as reflected in relevant harmonised standards or common specifications.
2022/06/13
Committee: IMCOLIBE
Amendment 1575 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in appropriate relation to high- risk AI systems and its risks identified in the risk assessment referred to in Art. 6a.
2022/06/13
Committee: IMCOLIBE
Amendment 1587 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and foreseeable risks associated with eachmost likely to occur to health, safety and fundamental rights in view of the intended purpose of the high-risk AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 1591 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) estimation and evaluation of the risks that may emerge when the high-risk AI system is used in accordance with its intended purpose and under conditions of reasonably foreseeable misuse;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1598 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c
(c) evaluation of other possibly arisingnew arising significant risks based on the analysis of data gathered from the post-market monitoring system referred to in Article 61;
2022/06/13
Committee: IMCOLIBE
Amendment 1601 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point d
(d) adoption of suitable risk management measureappropriate and targeted risk management measures to address identified significant risks in accordance with the provisions of the following paragraphs.
2022/06/13
Committee: IMCOLIBE
Amendment 1602 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2 a. The risks referred to in paragraph 2 shall concern only those which may be reasonably mitigated or eliminated through the development or design of the high-risk AI system, or the provision of adequate technical information.
2022/06/13
Committee: IMCOLIBE
Amendment 1605 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The risk management measures referred to in paragraph 2, point (d) shall give due consideration to the effects and possible interactions resulting from the combined application of the requirements set out in this Chapter 2. They shall take into account the generally acknowledged state of the art, including as reflected in relevant harmonised standards or common specification, with a view to minimising risks more effectively while achieving an appropriate balance in implementing the measures to fulfil those requirements.
2022/06/13
Committee: IMCOLIBE
Amendment 1609 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual significant risk associated with each hazard as well as the overall residual risk of the high-risk AI systems is reasonably judged to be acceptable, having regard to the benefits that the high-risk AI system is reasonably expected to deliver and provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse. Those residual significant risks shall be communicated to the user.
2022/06/13
Committee: IMCOLIBE
Amendment 1621 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) elimination or reduction of risks as far as posidentified and evaluated risks as far as economically and technologically feasible through adequate design and development of the high-risk AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 1624 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) where appropriate, implementation of adequate mitigation and control measures in relation to significant risks that cannot be eliminated;
2022/06/13
Committee: IMCOLIBE
Amendment 1627 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) provision of adequate information pursuant to Article 13, in particular as regards the risks referred to in paragraph 2, point (b) of this Article, and, where appropriate, training to users.
2022/06/13
Committee: IMCOLIBE
Amendment 1639 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 5
5. High-risk AI systems shall be tesevaluated for the purposes of identifying the most appropriate and targeted risk management measures. Testing and weighing any such measures against the potential benefits and intended goals of the system. Evaluations shall ensure that high-risk AI systems perform consistently for their intended purpose and they are in compliance with the relevant requirements set out in this Chapter.
2022/06/13
Committee: IMCOLIBE
Amendment 1653 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 7
7. The testing of the high-risk AI systems shall be performed, as appropriate, at any point in time throughout the development process, and, in any event, prior to the placing on the market or the putting into service. Testing shall be made against preliminarily defined metrics and probabilistic thresholds that are appropriate to the intended purpose of the high-risk AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 1669 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 9
9. For credit institutions regulated by Directive 2013/36/EUproviders and AI systems already covered by Union law that require them to establish a specific risk management, the aspects described in paragraphs 1 to 8 shall be part of the risk management procedures established by those institutions pursuant to Article 74 of that Directiveat Union law or deemed to be covered as part of it.
2022/06/13
Committee: IMCOLIBE
Amendment 1673 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. High-risk AI systems which make use of techniques involving the training of models with data shall be, as far as this can be reasonably expected and is feasible from a technical and economical point of view, developed on the basis of training, validation and testing data sets that meet the quality criteria referred to in paragraphs 2 to 5.
2022/06/13
Committee: IMCOLIBE
Amendment 1683 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices appropriate for the context of the use as well as the intended purpose of the AI system. Those practices shall concern in particular,
2022/06/13
Committee: IMCOLIBE
Amendment 1693 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point c
(c) relevant data preparation processing operations, such as annotation, labelling, cleaning, enrichment and aggregation;
2022/06/13
Committee: IMCOLIBE
Amendment 1702 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases that are likely to affect the output of the AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 1707 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point g
(g) the identification of any possiblesignificant data gaps or shortcomings, and how those gaps and shortcomings can be addressed.
2022/06/13
Committee: IMCOLIBE
Amendment 1715 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, representative, free of errors and completeHigh-risk AI systems shall be designed and developed with the best efforts to ensure that training, validation and testing data sets shall be relevant, representative, and to the best extent possible, free of errors and complete in accordance with industry standards. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
2022/06/13
Committee: IMCOLIBE
Amendment 1742 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. Appropriate data governance and management practices shall apply fFor the development of high-risk AI systems nother than those which make use of using techniques involving the training of models in order to ensure that those high-risk AI systems comply with paragraph 2, paragraphs 2 to 5 shall apply only to the testing data sets.
2022/06/13
Committee: IMCOLIBE
Amendment 1753 #

2021/0106(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall be drawn up in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV or, in the case of SMEs and start-ups, any equivalent documentation meeting the same objectives, subject to approval of the competent authority.
2022/06/13
Committee: IMCOLIBE
Amendment 1778 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 4
4. For high-risk AI systems referred to in paragraph 1, point (a) of Annex III, the logging capabilities shall provide, at a minimum: (a) recording of the period of each use of the system (start date and time and end date and time of each use); (b) the reference database against which input data has been checked by the system; (c) the input data for which the search has led to a match; (d) the identification of the natural persons involved in the verification of the results, as referred to in Article 14 (5).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1790 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable users to interpret the system’s output and use it appropriately. An appropriate type and degree of transparency shall be ensured, with a view to achieving compliance with the relevant obligations of the user and of the provider set out in Chapter 3 of this Title. Transparency shall thereby mean that, to the extent that can be reasonably expected and is feasible in technical terms, the AI systems output is interpretable by the user and the user is able to understand the general functionality of the AI system and its use of data.
2022/06/13
Committee: IMCOLIBE
Amendment 1793 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. High-risk AI systems shall be accompanied by instructions for use in an appropriate digital format or otherwise that include concise, complete, correct and clear information that helps supporting informed decision-making by users and is relevant, accessible and comprehensible to users.
2022/06/13
Committee: IMCOLIBE
Amendment 1801 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
(iii) any known or foreseeable circumstance, related to the use of the high-risk AI system in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, which may lead to risks to the health and safety or fundamental rights;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1808 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point e a (new)
(e a) a description of the mechanisms included within the AI system that allow users to properly collect, store and interpret the logs in accordance with Article 12(1).
2022/06/13
Committee: IMCOLIBE
Amendment 1812 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. HWhere proportionate to the risks associated with the high-risk system and where technical safeguards are not sufficient, high-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which the AI system is in use.
2022/06/13
Committee: IMCOLIBE
Amendment 1818 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Human oversight shall aim at preventing or minimising the risks to health, safety or fundamental rights that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter.
2022/06/13
Committee: IMCOLIBE
Amendment 1830 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – introductory part
4. The measures referred to For the purpose of implementing paragraph 3 shall enable the individuals to whom human oversight is assigned to do the following, as appropriate to the circumstances 1 to 3, the high-risk AI system shall be provided to the user in such a way that the individuals to whom human oversight is assigned are enabled as appropriate and proportionate, to the circumstances and in accordance with industry standards:
2022/06/13
Committee: IMCOLIBE
Amendment 1832 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point a
(a) fulto be aware of and sufficiently understand the capacities and limitations of the high-risk AI system and be able to duly monitor its operation, so that signs of anomalies, dysfunctions and unexpected performance can be detected and addressed as soon as possible;
2022/06/13
Committee: IMCOLIBE
Amendment 1833 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point b
(b) remain aware of the possible tendency of automatically relying or over- relying on the output produced by a high- risk AI system (‘automation bias’), in particular for high-risk AI systems used to provide information or recommendations for decisions to be taken by natural persons;
2022/06/13
Committee: IMCOLIBE
Amendment 1836 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point c
(c) be able to correctly interpret the high-risk AI system’s output, taking into account in particular the characteristics of the system andfor example the interpretation tools and methods available;
2022/06/13
Committee: IMCOLIBE
Amendment 1838 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point d
(d) to be able to decide, in any particular situation, not to use the high-risk AI system or otherwise disregard, override or reverse the output of the high-risk AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 1841 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point e
(e) to be able to intervene on the operation of the high-risk AI system, halt or interrupt the system through a “stop” button or a similar procedurewhere reasonable and technically feasible and except if the human interference increases the risks or would negatively impact the performance in consideration of generally acknowledged state-of-the-art.
2022/06/13
Committee: IMCOLIBE
Amendment 1844 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. For high-risk AI systems referred to in point 1(a) of Annex III, the measures referred to in paragraph 3 shall be such as to ensure that, in addition, no action or decision is taken by the user on the basis of the identification resulting from the system unless this has been verified and confirmed by at least two natural persons separately.
2022/06/13
Committee: IMCOLIBE
Amendment 1850 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way that they achieve, in the light of their intended purpose and to the extent that can be reasonably expected and is in accordance with relevant industry standards, an appropriate level of accuracy, robustness and cybersecurity, and perform consistently in those respects throughout their lifecycle.
2022/06/13
Committee: IMCOLIBE
Amendment 1856 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The levels of accuracy and the relevant accuracy metrics of high-risk AI systemsrange of expected performance and the operational factors that affect that performance shall be declared in the accompanying instructions of use.
2022/06/13
Committee: IMCOLIBE
Amendment 1858 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 3 – introductory part
3. High-risk AI systems shall be resilientdesigned and developed with safety and security-by-design mechanism so that they achieve, in the light of their intended purpose, an appropriate level of cyber resilience as regards to errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systems.
2022/06/13
Committee: IMCOLIBE
Amendment 1863 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
High-risk AI systems that continue to learn after being placed on the market or put into service shall be developed in such a way to ensure that possibly biased outputs due to outputs used as aninfluencing input for future operations (‘feedback loops’) are duly addressed with appropriate mitigation measures.
2022/06/13
Committee: IMCOLIBE
Amendment 1867 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
The technical solutions aimed at ensuring and organisational measures designed to uphold the cybersecurity of high-risk AI systems shall be appropriate to the relevant circumstances and the risks.
2022/06/13
Committee: IMCOLIBE
Amendment 1887 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point c
(c) draw-up the technical documentation of the high-risk AI system referred to in Article 18;
2022/06/13
Committee: IMCOLIBE
Amendment 1891 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point d
(d) when under their control, keep the logs automatically generated by their high- risk AI systems as referred to in Article 20;
2022/06/13
Committee: IMCOLIBE
Amendment 1893 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point e
(e) ensure that the high-risk AI system undergoes the relevant conformity assessment procedure as referred to in Article 43, prior to its placing on the market or putting into service;
2022/06/13
Committee: IMCOLIBE
Amendment 1899 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point g
(g) take the necessary corrective actions as referred to in Article 21, if the high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title;
2022/06/13
Committee: IMCOLIBE
Amendment 1902 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point j
(j) upon reasoned request of a national competent authority, provide the relevant information and documentation to demonstrate the conformity of the high-risk AI system with the requirements set out in Chapter 2 of this Title.
2022/06/13
Committee: IMCOLIBE
Amendment 1914 #

2021/0106(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Providers of high-risk AI systems shall put a quality management system in place that ensures compliance with this Regulation. That system shall be documented in a systematic and orderly manner in the form of written policies, procedures andor instructions, and shall include at least the following aspects:
2022/06/13
Committee: IMCOLIBE
Amendment 1916 #

2021/0106(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) a strategy for regulatory compliance, including compliance with conformity assessment procedures and procedures for the management of modifications to the high-risk AI system;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1921 #

2021/0106(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e
(e) technical specifications, including standards, to be applied and, where the relevant harmonised standards are not applied in full, the means to be used to ensure that the high-risk AI system complies with the requirements set out in Chapter 2 of this Title;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1934 #

2021/0106(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point j
(j) the handling of communication with national competent authorities, competent authorities, including sectoral ones, providing or supporting the access to data, notified bodies, other operators, customers or other interested parties;
2022/06/13
Committee: IMCOLIBE
Amendment 1935 #

2021/0106(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point k
(k) systems and procedures for record keeping of all relevant documentation and information;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1956 #

2021/0106(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keep the logs automatically generated by their high-risk AI systems, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. The logs shall be kept for a period that is appropriate in the light of industry standards, the intended purpose of high-risk AI system and applicable legal obligations under Union or national law.
2022/06/13
Committee: IMCOLIBE
Amendment 1965 #

2021/0106(COD)

Proposal for a regulation
Article 22 – paragraph 1
Where the high-risk AI system presents a risk within the meaning of Article 65(1) and that risk is known to the provider of the system, that provider shall immediately inform the national competentmarket surveillance authorities of the Member States in which it made the system available and, where applicable, the notified body that issued a certificate for the high-risk AI system, in particular of the non-compliance and of any corrective actions taken.
2022/06/13
Committee: IMCOLIBE
Amendment 1969 #

2021/0106(COD)

Proposal for a regulation
Article 23 – paragraph 1
Providers of high-risk AI systems shall, upon request by a national competent authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the high-risk AI system with the requirements set out in Chapter 2 of this Title, in an official Union language determined by the Member State concerned. Upon a reasoned request from a national competent authority, providers shall also give that authority access to the logs automatically generated by the high- risk AI system, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. Any information submitted in accordance with the provision of this article shall be considered by the national competent authority a trade secret of the company that is submitting such information and kept strictly confidential.
2022/06/13
Committee: IMCOLIBE
Amendment 1977 #

2021/0106(COD)

Proposal for a regulation
Article 23 a (new)
Article 23 a Conditions for other persons to be subject to the obligations of a provider 1. Concerning high risk AI systems any natural or legal person shall be considered a provider for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances: (a) they put their name or trademark on a high-risk AI system already placed on the market or put into service, without prejudice to contractual arrangements stipulating that the obligationsare allocated otherwise; (b) they make a substantial modification to or modify the intended purpose of a high-risk AI system already placed on the market or put into service; (c) they modify the intended purpose of a non-high-risk AI system already placed on the market or put it to service, in a way which makes the modified system a high- risk AI system; (d) they fulfil the conditions referred in Article 3a(2). 2. Where the circumstances referred to in paragraph 1 occur, the provider that initially placed the high-risk AI system on the market or put it into service shall no longer be considered a provider for the purposes of this Regulation. The initial provider subject to the previous sentence, shall upon request and without compromising its own intellectual property rights or trade secrets, provide the new provider referred to in paragraph (1a), (1b) or (1c) with all essential, relevant and reasonably expected information that is necessary to comply with the obligations set out in this Regulation. 3. For high-risk AI systems that are safety components of products to which the legal acts listed in Annex II, section A apply, the manufacturer of those products shall be considered the provider of the high- risk AI system and shall be subject to the obligations referred to in Article 16 under either of the following scenarios: (i) the high-risk AI system is placed on the market together with the product under the name or trademark of the product manufacturer; or (ii) the high-risk AI system is put into service under the name or trademark of the product manufacturer after the product has been placed on the market. 4. Third parties involved in the sale and the supply of software including general purpose application programming interfaces (API), software tools and components, providers who develop and train AI systems on behalf of a deploying company in accordance with their instruction, or providers of network services shall not be considered providers for the purposes of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 1978 #

2021/0106(COD)

Proposal for a regulation
Article 24
Obligations of product manufacturers Where a high-risk AI system related to products to which the legal acts listed in Annex II, section A, apply, is placed on the market or put into service together with the product manufactured in accordance with those legal acts and under the name of the product manufacturer, the manufacturer of the product shall take the responsibility of the compliance of the AI system with this Regulation and, as far as the AI system is concerned, have the same obligations imposed by the present Regulation on the provider.Article 24 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1981 #

2021/0106(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. Prior to making their systems available on the Union market, where an importer cannot be identified, providers established outside the Union shall, by written mandate, appoint an authorised representative which is established in the Union.
2022/06/13
Committee: IMCOLIBE
Amendment 1991 #

2021/0106(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point c
(c) cooperate with competent national authorities, upon a reasoned request, on any action the latter takes into relation to the high-risk AI systemduce and mitigate the risks posed by a high-risk AI system covered by the authorised representative's mandate.
2022/06/13
Committee: IMCOLIBE
Amendment 2011 #

2021/0106(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. Where a distributor considers or has reason to consider that a high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title, it shall not make the high-risk AI system available on the market until that system has been brought into conformity with those requirements. Furthermore, where the system presents a risk within the meaning of Article 65(1), the distributor shall inform the provider or the importer of the system as well as the market surveillance authorities, as applicable, to that effect.
2022/06/13
Committee: IMCOLIBE
Amendment 2015 #

2021/0106(COD)

Proposal for a regulation
Article 27 – paragraph 4
4. A distributor that considers or has reason to consider that a high-risk AI system which it has made available on the market is not in conformity with the requirements set out in Chapter 2 of this Title shall take the corrective actions necessary to bring that system into conformity with those requirements, to withdraw it or recall it or shall ensure that the provider, the importer or any relevant operator, as appropriate, takes those corrective actions. Where the high-risk AI system presents a risk within the meaning of Article 65(1), the distributor shall immediately inform the provider or the importer of the system as well as the national competent authorities of the Member States in which it has made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective actions taken.
2022/06/13
Committee: IMCOLIBE
Amendment 2018 #

2021/0106(COD)

Proposal for a regulation
Article 27 – paragraph 5
5. Upon a reasoned request from a national competent authority, distributors of high-risk AI systems shall provide that authority with all the information and documentation necessary to demonstrate the conformity of a high-risk system with the requirements set out in Chapter 2 of this Title. Distributors shall also cooperate with that national competent authority on any action taken by that authorityregarding its activities pursuant to paragraphs 1 to 4.
2022/06/13
Committee: IMCOLIBE
Amendment 2024 #

2021/0106(COD)

Proposal for a regulation
Article 28
Obligations of distributors, importers, users or any other third-party 1. Any distributor, importer, user or other third-party shall be considered a provider for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances: (a) they place on the market or put into service a high-risk AI system under their name or trademark; (b) they modify the intended purpose of a high-risk AI system already placed on the market or put into service; (c) they make a substantial modification to the high-risk AI system. 2. Where the circumstances referred to in paragraph 1, point (b) or (c), occur, the provider that initially placed the high-risk AI system on the market or put it into service shall no longer be considered a provider for the purposes of this Regulation.Article 28 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2039 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Users of high-risk AI systems shall use such systems and implement human oversight in accordance with the instructions of use accompanying the systems, pursuant to paragraphs 2 and 5 of this article.
2022/06/13
Committee: IMCOLIBE
Amendment 2044 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 1 a (new)
1 a. Users shall assign human oversight to natural persons who have the necessary competence, training and authority.
2022/06/13
Committee: IMCOLIBE
Amendment 2049 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 3
3. Without prejudice to paragraph 1, to the extent the user exercises control over the input data, that user shall ensure that input data is relevant in view of the intended purpose of the high-risk AI system. To the extent the user exercises control over the high-risk AI system, that user shall also ensure that relevant and appropriate robustness and cybersecurity measures are in place and are regularly adjusted or updated.
2022/06/13
Committee: IMCOLIBE
Amendment 2054 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 4 – introductory part
4. Users shall monitor the operation of the high-risk AI system on the basis of the instructions of use and, when relevant, inform providers in accordance with Article 61. To the extent the user exercises control over the high-risk AI system, the user shall also establish a risk management system in line with Article 9 but limited to the potential adverse effects of using the high-risk AI system, the respective mitigation measures. When they have reasons to consider that the use in accordance with the instructions of use may result in the AI system presenting a risk within the meaning of Article 65(1) they shall inform the provider or distributor and suspend the use of the system. They shall also inform the provider or distributor when they have identified any serious incident or any malfunctioning within the meaning of Article 62 and interrupt the use of the AI system. In case the user is not able to reach the provider, Article 62 shall apply mutatis mutandis.
2022/06/13
Committee: IMCOLIBE
Amendment 2059 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 5 – introductory part
5. Users of high-risk AI systems shall keep the logs automatically generated by that high-risk AI system, to the extent such logs are under their control. The logs shall be kept for a period that is appropriate in the light of industry standards, the intended purpose of the high-risk AI system and applicable legal obligations under Union or national law.
2022/06/13
Committee: IMCOLIBE
Amendment 2064 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 6
6. Users of high-risk AI systems shall use the information provided under Article 13 to comply with their obligation to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, where applicaband may revert in part to those data protection impact assessments for fulfilling the obligations set out in this article.
2022/06/13
Committee: IMCOLIBE
Amendment 2068 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 6 a (new)
6 a. Where a user of a high risk AI system is obliged pursuant to Regulation (EU) 2016/679 to provide information regarding the use of automated decision making procedures, the user shall not be obliged to provide information on how the AI system reached a specific result. When fulfilling the information obligations under Regulation (EU) 2016/679, the user shall not be obliged to provide information beyond the information he or she received from the provider under Article 13 of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2076 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 6 b (new)
6 b. The obligations established by this Article shall not apply to users who use the AI system in the course of a personal non-professional activity.
2022/06/13
Committee: IMCOLIBE
Amendment 2133 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 do not exist and are not expected to be published within a reasonable period or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
2022/06/13
Committee: IMCOLIBE
Amendment 2138 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 1 a (new)
1 a. When deciding to draft and adopt common specifications, the Commission shall consult the Board, the European standardisation organisations as well as the relevant stakeholders, and duly justify why it decided not to use harmonised standards. The abovementioned organisations shall be regularly consulted while the Commission is in the process of drafting the common specifications.
2022/06/13
Committee: IMCOLIBE
Amendment 2141 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 2
2. The Commission, when preparing the common specifications referred to in paragraph 1, shall gather the views of stakeholders, including SMEs and start- ups, relevant bodies or expert groups established under relevant sectorial Union law.
2022/06/13
Committee: IMCOLIBE
Amendment 2149 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 4
4. Where providers of high-risk AI systems do not comply with the common specifications referred to in paragraph 1, they shall duly justify that they have adopted technical solutions that are at least equivalent thereto.
2022/06/13
Committee: IMCOLIBE
Amendment 2150 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 4 a (new)
4 a. If harmonised standards referred to in Article 40 are developed and the references to them are published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 in the future, the relevant common specifications shall no longer apply.
2022/06/13
Committee: IMCOLIBE
Amendment 2191 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems that have already been subject to a conformity assessment procedure shall undergo a new conformity assessment procedure whenever they are substantially modified, regardless of whetherif the modified system is intended to be further distributed or continues to be used by the current user.
2022/06/13
Committee: IMCOLIBE
Amendment 2193 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 4 – subparagraph 1
For high-risk AI systems that continue to learn after being placed on the market or put into service, changes to the high-risk AI system and its performance that have been pre-determined by the provider at the moment of the initial conformity assessment and are part of the information contained in the technical documentation referred to in point 2(f) of Annex IV, shall not constitute a substantial modification. The same should apply to updates of the AI system for security reasons in general and to protect against evolving threats of manipulation of the system as long as the update does not include significant changes to the functionality of the system.
2022/06/13
Committee: IMCOLIBE
Amendment 2201 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 5
5. TAfter consulting the AI Board referred to in Article 56 and after providing substantial evidence, followed by thorough consultation and the involvement of the affected stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 73 for the purpose of updating Annexes VI and Annex VII in order to introduce elements of the conformity assessment procedures that become necessary in light of technical progress.
2022/06/13
Committee: IMCOLIBE
Amendment 2208 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 6
6. TAfter consulting the AI Board referred to in Article 56 and after providing substantial evidence, followed by thorough consultation and the involvement of the affected stakeholders, the Commission is empowered to 6. adopt delegated acts to amend paragraphs 1 and 2 in order to subject high-risk AI systems referred to in points 2 to 8 of Annex III to the conformity assessment procedure referred to in Annex VII or parts thereof. The Commission shall adopt such delegated acts taking into account the effectiveness of the conformity assessment procedure based on internal control referred to in Annex VI in preventing or minimizing the risks to health and safety and protection of fundamental rights posed by such systems as well as the availability of adequate capacities and resources among notified bodies.
2022/06/13
Committee: IMCOLIBE
Amendment 2232 #

2021/0106(COD)

Proposal for a regulation
Article 49 – paragraph 1
1. The physical CE marking shall be affixed visibly, legibly and indelibly for high-risk AI systems. Where that is not possible or not warranted on account of the nature of the high-risk AI system, it shall be affixed to the packaging or to the accompanying documentation, as appropriate.
2022/06/13
Committee: IMCOLIBE
Amendment 2234 #

2021/0106(COD)

Proposal for a regulation
Article 49 – paragraph 1 a (new)
1 a. A digital CE marking may be used instead of or additionally to the physical marking if it can be accessed via the display of the product or via a machine- readable code or other electronic means.
2022/06/13
Committee: IMCOLIBE
Amendment 2241 #

2021/0106(COD)

Proposal for a regulation
Article 50 – paragraph 1 – introductory part
The provider shall, for a period ending 105 years after the AI system has been placed on the market or put into service, keep at the disposal of the national competent authorities:
2022/06/13
Committee: IMCOLIBE
Amendment 2244 #

2021/0106(COD)

Proposal for a regulation
Article 51 – paragraph 1
Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2) and Article 6a, the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
2022/06/13
Committee: IMCOLIBE
Amendment 2252 #

2021/0106(COD)

Proposal for a regulation
Article 51 – paragraph 1 a (new)
Before putting into service or using a high-risk AI system in one of the areas listed in Annex III, users who are public authorities or Union institutions, bodies, offices or agencies or users acting on their behalf shall register in the EU database referred to in Article 60.
2022/06/13
Committee: IMCOLIBE
Amendment 2268 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 2
2. Users of an emotion recognition system or a biometric categorisation system shall inform of the operation of the system the natural persons exposed thereto. This obligation shall not apply to AI systems used for biometric categorisation, which are permitted by law to detect, prevent and investigate criminal offences.
2022/06/13
Committee: IMCOLIBE
Amendment 2271 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 3 – introductory part
3. Users of an AI system that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose, in an appropriate, clear and visible manner, that the content has been artificially generated or manipulated.
2022/06/13
Committee: IMCOLIBE
Amendment 2278 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
However, the first subparagraph shall not apply where the use is authorised by law to detectcontent is part of an obviously artistic, pcrevent, investigate and prosecute criminal offencesative or fictional cinematographic work or it is necessary for the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the Charter of Fundamental Rights of the EU, and subject to appropriate safeguards for the rights and freedoms of third parties.
2022/06/13
Committee: IMCOLIBE
Amendment 2294 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisorthe European Commission, one or more Member States, or other competent entities shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. This shall take place under the direct supervision and guidance by the competent authorities with a view to ensuringin collaboration with and guidance by the European Commission or the competent authorities in order to identify risks to health and safety and fundamental rights, test mitigation measures for identified risks, demonstrate prevention of these risks and otherwise ensure compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox.
2022/06/13
Committee: IMCOLIBE
Amendment 2309 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 2
2. The European Commission in collaboration with Member States shall ensure that to the extent the innovative AI systems involve the processing of personal data or otherwise fall under the supervisory remit of other national authorities or competent authorities providing or supporting access to data, the national data protection authorities and those other national authorities are associated to the operation of the AI regulatory sandbox.
2022/06/13
Committee: IMCOLIBE
Amendment 2329 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 5
5. The European Commission, Member States’ competent authorities and other entities that have established AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the CommissionCommission’s AI Regulatory Sandboxing programme. The European Commission shall submit annual reports to the European Artificial Intelligence Board on the results from the implementation of those scheme, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox.
2022/06/13
Committee: IMCOLIBE
Amendment 2340 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 6 a (new)
6 a. The Commission shall establish an EU AI Regulatory Sandboxing Programme whose modalities referred to in Article 53(6) shall cover the elements set out in Annex IXa. The Commission shall proactively coordinate with national, regional and also local authorities, as relevant.
2022/06/13
Committee: IMCOLIBE
Amendment 2372 #

2021/0106(COD)

Proposal for a regulation
Article 55 – title
Measures for small-scale providerSMEs, start-ups and users
2022/06/13
Committee: IMCOLIBE
Amendment 2375 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point a
(a) provide small-scale providerSMEs and start-ups with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions;
2022/06/13
Committee: IMCOLIBE
Amendment 2377 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point b
(b) organise specific awareness raising activities about the application of this Regulation tailored to the needs of the small-scale providerSMEs, sart-ups and users;
2022/06/13
Committee: IMCOLIBE
Amendment 2379 #

2021/0106(COD)

(c) where appropriate, establish a dedicated channel for communication with small-scale providers andSMEs, start-ups, users and other innovators to provide guidance and respond to queries about the implementation of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2381 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point c a (new)
(c a) support SME's increased participation in the standardisation development process;
2022/06/13
Committee: IMCOLIBE
Amendment 2387 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 2
2. The specific interests and needs of the small-scale providerSMEs and start-ups shall be taken into account when setting the fees for conformity assessment under Article 43, reducing those fees proportionately to their size and market size.
2022/06/13
Committee: IMCOLIBE
Amendment 2389 #

2021/0106(COD)

Proposal for a regulation
Article 55 a (new)
Article 55 a Promoting research and development of AI in support of socially and environmentally beneficial outcomes Member States shall promote research and development of AI solutions which support socially and environmentally beneficial outcomes, including but not limited to development of AI-based solutions to increase accessibility for persons with disabilities, tackle socio- economic inequalities, and meet sustainability and environmental targets, by: (a) providing relevant projects with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions; (b) earmarking public funding, including from relevant EU funds, for AI research and development in support of socially and environmentally beneficial outcomes; (c) organising specific awareness raising activities about the application of this Regulation, the availability of and application procedures for dedicated funding, tailored to the needs of those projects; (d) where appropriate, establishing accessible dedicated channels for communication with projects to provide guidance and respond toqueries about the implementation of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2400 #

2021/0106(COD)

Proposal for a regulation
Article 56 – paragraph 1
1. A ‘European Artificial Intelligence Board’ (the ‘Board’) is established as a body of the Union and shall have legal personality.
2022/06/13
Committee: IMCOLIBE
Amendment 2405 #

2021/0106(COD)

Proposal for a regulation
Article 56 – paragraph 2 – introductory part
2. The Board shall provide advice and assistance to the Commission and to the national supervisory authorities in order to:
2022/06/13
Committee: IMCOLIBE
Amendment 2408 #

2021/0106(COD)

Proposal for a regulation
Article 56 – paragraph 2 – point b
(b) coordinate and contribute toprovide guidance and analysis by the Commission and the national supervisory authorities and other competent authorities on emerging issues across the internal market with regard to matters covered by this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2410 #

2021/0106(COD)

Proposal for a regulation
Article 56 – paragraph 2 – point c
(c) contribute to the effective and consistent application of this Regulation and assist the national supervisory authorities and the Commission in ensuring the consistent application of this Regulationthat regard.
2022/06/13
Committee: IMCOLIBE
Amendment 2414 #

2021/0106(COD)

(c a) contribute to the effective cooperation with the competent authorities of third countries and with international organisations.
2022/06/13
Committee: IMCOLIBE
Amendment 2431 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisorthe European Data Protection Supervisor as the EU Agency for Fundamental Rights, the EU Agency for Cybersecurity, the Joint Research Centre, the European Committee for Standardization, the European Committee for Electrotechnical Standardization, and the European Telecommunications Standards Institute, each with one representative. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
2022/06/13
Committee: IMCOLIBE
Amendment 2439 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 1 a (new)
1 a. The Board shall act independently when performing its tasks or exercising its powers.
2022/06/13
Committee: IMCOLIBE
Amendment 2464 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 4
4. The Board may invite external experts and observers to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. To that end t, and hold consultations with relevant stakeholders and ensure appropriate participation. The Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory. The Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groups.
2022/06/13
Committee: IMCOLIBE
Amendment 2484 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – introductory part
When providing advice and assistance to the Commission and to the national supervisory authorities in the context of Article 56(2), the Board shall in particular:
2022/06/13
Committee: IMCOLIBE
Amendment 2498 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point b
(b) contribute to uniform administrative practices in the Member States, including for the assessment , establishing, managing with the meaning of fostering cooperation and guaranteeing consistency among regulatory sandboxes, and functioning of regulatory sandboxes referred to in Article 53, Article54 and Annex IXa;
2022/06/13
Committee: IMCOLIBE
Amendment 2513 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
(c a) carry out annual reviews and analyses of the complaints sent to and findings made by national competent authorities, of the serious incidents reports referred to in Article 62, and of the new registration in the EU Database referred to in Article 60 to identify trends and potential emerging issues threatening the future health and safety and fundamental rights of citizens that are not adequately addressed by this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2521 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c b (new)
(c b) coordinate among national competent authorities; issue guidelines, recommendations and best practices with a view to ensuring the consistent implementation of this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2526 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c c (new)
(c c) promote the cooperation and effective bilateral and multilateral exchange of information and best practices between the national supervisory authorities;
2022/06/13
Committee: IMCOLIBE
Amendment 2529 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c d (new)
(c d) annually publish recommendations to the Commission, in particular on the categorization of prohibited practices, high-risk systems, and codes of conduct for AI systems that are not classified as high-risk;
2022/06/13
Committee: IMCOLIBE
Amendment 2533 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c e (new)
(c e) carry out biannual horizon scanning and foresight exercises to extrapolate the impact the trends and emerging issues can have on the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 2539 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c f (new)
(c f) promote public awareness and understanding of the benefits, rules and safeguards and rights in relation to the use of AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 2572 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 4
4. Member States shall ensure that national competent authorities are provided with adequate financial, technical and human resources to fulfil their tasks under this Regulation. In particular, national competent authorities shall have a sufficient number of personnel permanently available whose competences and expertise shall include an in-depth understanding of artificial intelligence technologies, data and data computing, fundamental rights, health and safety risks and knowledge of existing standards and legal requirements.
2022/06/13
Committee: IMCOLIBE
Amendment 2584 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 6
6. The Commission and the board shall facilitate the exchange of experience between national competent authorities.
2022/06/13
Committee: IMCOLIBE
Amendment 2589 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providerSMEs and start-ups. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States mayshall also establish one central contact point for communication with operators and other stakeholders.
2022/06/13
Committee: IMCOLIBE
Amendment 2593 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 8
8. When Union institutions, agencies and bodies fall within the scope of this Regulation, the European Data Protection Supervisor shall act as the competent authority for their supervision and coordination.
2022/06/13
Committee: IMCOLIBE
Amendment 2615 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 1
1. The Commission shall, in collaboration with the Member States, set up and maintain a EU database containing information referred to in paragraph 2 concerning high-risk AI systems referred to in Article 6(2)in one of the areas listed in Annex III which are registered in accordance with Article 51 and their uses by public authorities and Union institutions, bodies, offices or agencies or on their behalf.
2022/06/13
Committee: IMCOLIBE
Amendment 2627 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 4
4. The EU database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this Regulation. That information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider. or the user, if the user is a public authority or a Union institution, body, office or agency or a user acting on their behalf.
2022/06/13
Committee: IMCOLIBE
Amendment 2643 #

2021/0106(COD)

Proposal for a regulation
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users or collected through other sources, to the extent such data are readily accessible to the provider and taking into account the limits resulting from data protection, copyright and competition law, on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2.
2022/06/13
Committee: IMCOLIBE
Amendment 2648 #

2021/0106(COD)

Proposal for a regulation
Article 61 – paragraph 3
3. The post-market monitoring system shall be based on a post-market monitoring plan. The post-market monitoring plan shall be part of the technical documentation referred to in Annex IV. The Commission shall adopt an implementing act laying down detailed provisions establishing a template for the post-market monitoring plan and the list of elements to be included in the plan by ... [12 months following the entry into force of this Regulation].
2022/06/13
Committee: IMCOLIBE
Amendment 2655 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 1 – introductory part
1. Providers and, where applicable, users of high-risk AI systems placed on the Union market shall report any serious incident or any malfunctioning of those systems which constitutes a breach of obligations under Union law intended to protect fundamental rights to the market surveillance authorities of the Member States where that incident or breach occurred.
2022/06/13
Committee: IMCOLIBE
Amendment 2657 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1
Such notification shall be made immediatwithout undue delay after the provider has established a causal link between the AI system and the incident or malfunctioning or the reasonable likelihood of such a link, and, in any event, not later than 15 day72 hours after the providers becomes aware of the serious incident or of the malfunctioning.
2022/06/13
Committee: IMCOLIBE
Amendment 2664 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 a (new)
No report under this Article is required if the serious incident also leads to reporting requirements under other laws. In that case, the authorities competent under those laws shall forward the received report to the national competent authority.
2022/06/13
Committee: IMCOLIBE
Amendment 2668 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 2 a (new)
2 a. Upon establishing a causal link between the AI system and the serious incident or malfunctioning or the reasonable likelihood of such a link, providers shall take appropriate corrective actions pursuant to Article 21.
2022/06/13
Committee: IMCOLIBE
Amendment 2673 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 3 a (new)
3 a. National supervisory authorities shall on an annual basis notify the Board of the serious incidents and malfunctioning reported to them in accordance with this Article.
2022/06/13
Committee: IMCOLIBE
Amendment 2674 #

2021/0106(COD)

Proposal for a regulation
Article 63 – paragraph 2
2. The national supervisory authority shall report annually to the Commission on a regular basis the outcomes of relevant market surveillance activities. The national supervisory authority shall report, without delay, to the Commission and relevant national competition authorities any information identified in the course of market surveillance activities that may be of potential interest for the application of Union law on competition rules.
2022/06/13
Committee: IMCOLIBE
Amendment 2676 #

2021/0106(COD)

Proposal for a regulation
Article 63 – paragraph 3 a (new)
3 a. The procedures referred to in Articles 65, 66, 67 and 68 of this Regulation shall not apply to AI systems related to products, to which legal acts listed in Annex II, section A apply, when such legal acts already provide for procedures having the same objective. In such a case, these sectoral procedures shall apply instead.
2022/06/13
Committee: IMCOLIBE
Amendment 2679 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 1
1. AWithout prejudice to powers provided under Regulation (EU) 2019/1020, and where relevant and limited to what is necessary to fulfil their tasks, market surveillance authorities may request access to data and documentation in the context of their activities, the market surveillance authorities shall be granted full access to the training, validation and testing datasets used by the provider, including that are strictly necessary for the purpose of its request., including, where appropriate and subject to security safeguards, through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access.
2022/06/13
Committee: IMCOLIBE
Amendment 2689 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 2
2. WhereMarket surveillance authorities shall be granted access to the source code of the high-risk AI system upon a reasoned request and only when the following cumulative conditions are fulfilled: a) Access to source code is necessary to assess the conformity of thea high-risk AI system with the requirements set out in Title III, Chapter 2, and upon a reasoned request, the market surveillance authorities shall be granted access to the source code of the AI system. b) testing/auditing procedures and verifications based on the data and documentation provided by the provider have been exhausted or proved insufficient.
2022/06/13
Committee: IMCOLIBE
Amendment 2709 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 1
1. AI systems presenting a risk shall be understood as a product presenting a risk defined in Article 3, point 19 of Regulation (EU) 2019/1020 insofar as risks to the health or safety or to the protection of fundamental rights of persons are concerned.
2022/06/13
Committee: IMCOLIBE
Amendment 2715 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 2 – introductory part
2. Where the market surveillance authority of a Member State has sufficient reasons to consider that an AI system presents a risk as referred to in paragraph 1, they shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation. When risks to the protection of fundamental rights are present, the market surveillance authority shall also inform the relevant national public authorities or bodies referred to in Article 64(3). The relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in Article 64(3).
2022/06/13
Committee: IMCOLIBE
Amendment 2722 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 3
3. Where the market surveillance authority considers that non-compliance is not restricted to its national territory, it shall inform the Commission and the other Member States without undue delay of the results of the evaluation and of the actions which it has required the operator to take.
2022/06/13
Committee: IMCOLIBE
Amendment 2726 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 5
5. Where the operator of an AI system does not take adequate corrective action within the period referred to in paragraph 2, the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict the AI system's being made available on its national market, to withdraw the product from that market or to recall it. That authority shall informnotify the Commission and the other Member States, without delay, of those measures.
2022/06/13
Committee: IMCOLIBE
Amendment 2727 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 6 – introductory part
6. The informnotification referred to in paragraph 5 shall include all available details, in particular the datainformation necessary for the identification of the non- compliant AI system, the origin of the AI system, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to one or more of the following:
2022/06/13
Committee: IMCOLIBE
Amendment 2729 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 6 – point a
(a) a failure of the high-risk AI system to meet requirements set out in Title III, Chapter 2;
2022/06/13
Committee: IMCOLIBE
Amendment 2730 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 6 – point b a (new)
(b a) non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5;
2022/06/13
Committee: IMCOLIBE
Amendment 2731 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 6 – point b b (new)
(b b) non-compliance with provisions set out in Article 52;
2022/06/13
Committee: IMCOLIBE
Amendment 2735 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 8
8. Where, within three months of receipt of the informnotification referred to in paragraph 5, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. This is without prejudice to the procedural rights of the concerned operator in accordance with Article 18 of Regulation (EU) 2019/1020. The period referred to in the first sentence of this paragraph shall be reduced to 30 days in the case of non- compliance with the prohibition of the artificial intelligence practices referred to in Article 5.
2022/06/13
Committee: IMCOLIBE
Amendment 2737 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 9
9. The market surveillance authorities of all Member States shall ensure that appropriate restrictive measures are taken in respect of the productAI system concerned, such as withdrawal of the product from their market, without delay.
2022/06/13
Committee: IMCOLIBE
Amendment 2739 #

2021/0106(COD)

Proposal for a regulation
Article 66 – paragraph 1
1. Where, within three months of receipt of the notification referred to in Article 65(5), or 30 days in the case of non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5, objections are raised by a Member State against a measure taken by another Member State, or where the Commission considers the measure to be contrary to Union law, the Commission shall without delay enter into consultation with the relevant Member State’s market surveillance authority and operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not within 9 months, or 60 days in the case of non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5, starting from the notification referred to in Article 65(5) and notify such decision to the Member State concerned. The Commission shall also inform all other Member States of such decision.
2022/06/13
Committee: IMCOLIBE
Amendment 2751 #

2021/0106(COD)

Proposal for a regulation
Article 67 – paragraph 1
1. Where, having performed an evaluation under Article 65, the market surveillance authority of a Member State finds that although an AI system is in compliance with this Regulation, it presents a risk to the health or safety of persons, to the compliance with obligations under Union or national law intended to protect fundamental rights or to other aspects of public interest protection or to fundamental rights, it shall require the relevant operator to take all appropriate measures to ensure that the AI system concerned, when placed on the market or put into service, no longer presents that risk, to withdraw the AI system from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
2022/06/13
Committee: IMCOLIBE
Amendment 2758 #

2021/0106(COD)

Proposal for a regulation
Article 67 – paragraph 4
4. The Commission shall without delay enter into consultation with the Member States concerned and the relevant operator and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide whether the measure is justified or not and, where necessary, propose appropriate measures.
2022/06/13
Committee: IMCOLIBE
Amendment 2762 #

2021/0106(COD)

5. The Commission shall address its decision to the Member States concerned, and inform all other Member States.
2022/06/13
Committee: IMCOLIBE
Amendment 2769 #

2021/0106(COD)

Proposal for a regulation
Article 68 – paragraph 2
2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate and proportionate measures to restrict or prohibit the high- risk AI system being made available on the market or ensure that it is recalled or withdrawn from the market.
2022/06/13
Committee: IMCOLIBE
Amendment 2772 #

2021/0106(COD)

Proposal for a regulation
Article 68 a (new)
Article 68 a Right to lodge a complaint with a supervisory authority 1. Without prejudice to any other administrative or judicial remedy, every natural or legal person shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the natural or legal person considers that their health, safety, or fundamental rights have been breached by an AI system falling within the scope of this Regulation. 2. Natural or legal persons shall have a right to be heard in the complaint handling procedure and in the context of any investigations conducted by the national supervisory authority as a result of their complaint. 3. The national supervisory authority with which the complaint has been lodged shall inform the complainants about the progress and outcome of their complaint. In particular, the national supervisory authority shall take all the necessary actions to follow up on the complaints it receives and, within three months of the reception of a complaint, give the complainant a preliminary response indicating the measures it intends to take and the next steps in the procedure, if any. 4. The national supervisory authority shall take a decision on the complaint and inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 68b, without delay and no later than six months after the date on which the complaint was lodged.
2022/06/13
Committee: IMCOLIBE
Amendment 2779 #

2021/0106(COD)

Proposal for a regulation
Article 68 b (new)
Article 68 b Right to an effective judicial remedy against a national supervisory authority 1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a national supervisory authority concerning them. 2. Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to a an effective judicial remedy where the national supervisory authority does not handle a complaint, does not inform the complainant on the progress or preliminary outcome of the complaint lodged within three months pursuant to Article 68a(3) or does not comply with its obligation to reach a final decision on the complaint within six months pursuant to Article 68a(4) or its obligations under Article 65. 3. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the national supervisory authority is established.
2022/06/13
Committee: IMCOLIBE
Amendment 2787 #

2021/0106(COD)

Proposal for a regulation
Article 69 – paragraph 1
1. The Commission and the Member Statesboard shall encourage and facilitate the drawing up of codes of conduct intended to foster the voluntary application to AI systems other than high-risk AI systems of the requirements set out in Title III, Chapter 2 on the basis of technical specifications and solutions that are appropriate means of ensuring compliance with such requirements in light of the intended purpose of the systems.
2022/06/13
Committee: IMCOLIBE
Amendment 2793 #

2021/0106(COD)

Proposal for a regulation
Article 69 – paragraph 4
4. The Commission and the Board shall take into account the specific interests and needs of the small-scale providerSMEs and start-ups when encouraging and facilitating the drawing up of codes of conduct.
2022/06/13
Committee: IMCOLIBE
Amendment 2796 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 – introductory part
1. National competent authorities and, notified bodies involved in the application of this Regulation shall respect, the Commission, the Board, and any other natural or legal person involved in the application of this Regulation shall, in accordance with Union or national law, put appropriate technical and organisational measures in place to ensure the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect, in particular:
2022/06/13
Committee: IMCOLIBE
Amendment 2803 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 – point c a (new)
(c a) the principles of purpose limitation and data minimization, meaning that national competent authorities minimize the quantity of data requested for disclosure inline with what is absolutely necessary for the perceived risk and its assessment, and they must not keep the data for any longer than absolutely necessary;
2022/06/13
Committee: IMCOLIBE
Amendment 2821 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the size and interests of small-scale providerSMEs and start-ups and their economic viability.
2022/06/13
Committee: IMCOLIBE
Amendment 2827 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 2
2. The Member States shall without delay notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
2022/06/13
Committee: IMCOLIBE
Amendment 2830 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – introductory part
3. The following infringementsNon-compliance with the prohibition of the artificial intelligence practices referred to in Article 5 shall be subject to administrative fines of up to 320 000 000 EUR or, if the offender is a company, up to 64 % of its total worldwide annual turnover for the preceding financial year, and in case of SMEs and start-ups, up to 3% of its worldwide annual turnover for the preceding financial year, whichever is higher: . .
2022/06/13
Committee: IMCOLIBE
Amendment 2838 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – point a
(a) non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2840 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 3 – point b
(b) non-compliance of the AI system with the requirements laid down in Article 10.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2848 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 4
4. The grossly negligent non- compliance by the provider or the user of the AI s ystem with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 210 000 000 EUR or, if the offender is a company, up to 42 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
2022/06/13
Committee: IMCOLIBE
Amendment 2864 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 6 – point b
(b) whether administrative fines have been already applied by other market surveillance authorities of one or more Member States to the same operator for the same infringement.
2022/06/13
Committee: IMCOLIBE
Amendment 2866 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 6 – point c
(c) the size, the annual turnover and market share of the operator committing the infringement;
2022/06/13
Committee: IMCOLIBE
Amendment 2881 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 8 a (new)
8 a. Administrative fines shall not be applied to a participant in a regulatory sandbox, who was acting in line with the recommendation issued by the supervisory authority;
2022/06/13
Committee: IMCOLIBE
Amendment 2962 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 2
2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changesubstantial modification in their design or intended purpose as defined in Article 3(23) .
2022/06/13
Committee: IMCOLIBE
Amendment 2968 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a year following the entry into force of this Regulation. The findings of that assessment shall be presented to the European Parliament and the Council.
2022/06/13
Committee: IMCOLIBE
Amendment 2972 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1 a (new)
1 a. The Commission shall assess the need for amendment of the list in Annex III once a year following the entry into force of this Regulation. The findings of that assessment shall be presented to the European Parliament and the Council.
2022/06/13
Committee: IMCOLIBE
Amendment 2974 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point a
(a) the status of the financial, technical and human resources of the national competent authorities in order to effectively perform the tasks assigned to them under this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 3001 #

2021/0106(COD)

Proposal for a regulation
Article 85 – paragraph 2
2. This Regulation shall apply from [248 months following the entering into force of the Regulation].
2022/06/13
Committee: IMCOLIBE
Amendment 3007 #

2021/0106(COD)

Proposal for a regulation
Article 85 – paragraph 3 a (new)
3 a. Member States shall not until... [24 months after the date of application of this Regulation] impede the making available of AI systems and products which were placed on the market inconformity with Union harmonisation legislation before [the date of application of this Regulation].
2022/06/13
Committee: IMCOLIBE
Amendment 3008 #

2021/0106(COD)

Proposal for a regulation
Article 85 – paragraph 3 b (new)
3 b. At the latest by six months after entry into force of this Regulation, the European Commission shall submit a standardization request to the European Standardisation Organisations in order to ensure the timely provision of all relevant harmonised standards that cover the essential requirements of this regulation. Any delay in submitting the standardisation request shall add to the transitional period of 24 months as stipulated in paragraph 3a.
2022/06/13
Committee: IMCOLIBE
Amendment 3017 #

2021/0106(COD)

Proposal for a regulation
Annex I – point b
(b) Logic- and knowledge-based approaches, including knowledge representation, inductive (logic) programming, knowledge bases, inference and deductive engines, (symbolic) reasoning and expert systems;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3024 #

2021/0106(COD)

Proposal for a regulation
Annex I – point c
(c) Statistical approaches, Bayesian estimation, search and optimization methods.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3045 #

2021/0106(COD)

Proposal for a regulation
Annex III – title
HIGH-RISK AI SYSTEMCRITICAL AREAS REFERRED TO IN ARTICLE 6(2)
2022/06/13
Committee: IMCOLIBE
Amendment 3059 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons; , excluding verification/authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises;
2022/06/13
Committee: IMCOLIBE
Amendment 3066 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a a (new)
(a a) AI systems intended to be used to make inferences on the basis of biometric data, including emotion recognition systems, or biometrics-based data, including speech patterns, tone of voice, lip-reading and body language analysis, that produces legal effects or affects the rights and freedoms of natural persons.
2022/06/13
Committee: IMCOLIBE
Amendment 3102 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b
(b) AI systems intended to be used for the purpose of assessing students in educational and vocational training institutions and for assessing participants in tests commonly required for admission to educationalthose institutions.
2022/06/13
Committee: IMCOLIBE
Amendment 3108 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used formake autonomous decisions or materially influence decisions about recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
2022/06/13
Committee: IMCOLIBE
Amendment 3118 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
(b) AI intended to be used for makingmake autonomous decisions or materially influence decisions on promotion and termination of work- related contractual relationships, for task allocation and for monitoring and evaluating performance and behavior of persons in such relationships.
2022/06/13
Committee: IMCOLIBE
Amendment 3136 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providerSMEs and start-ups for their own use;
2022/06/13
Committee: IMCOLIBE
Amendment 3154 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a
(a) AI systems intended to be used by law enforcement authorities or on their behalf for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or the risk for potential victims of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 3164 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
(b) AI systems intended to be used by law enforcement authorities or on their behalf as polygraphs and similar tools or to detect the emotional state of a natural person;
2022/06/13
Committee: IMCOLIBE
Amendment 3168 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point c
(c) AI systems intended to be used by law enforcement authorities or on their behalf to detect deep fakes as referred to in article 52(3);
2022/06/13
Committee: IMCOLIBE
Amendment 3172 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point d
(d) AI systems intended to be used by law enforcement authorities or on their behalf for evaluation of the reliability of evidence in the course of investigation or prosecution of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 3177 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point e
(e) AI systems intended to be used by law enforcement authorities for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3184 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point f
(f) AI systems intended to be used by law enforcement authorities or on their behalf for profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of detection, investigation or prosecution of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 3188 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point g
(g) AI systems intended to be used by law enforcement authorities or on their behalf for crime analytics regarding natural persons, allowing law enforcement authorities to search complex related and unrelated large data sets available in different data sources or in different data formats in order to identify unknown patterns or discover hidden relationships in the data.
2022/06/13
Committee: IMCOLIBE
Amendment 3195 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
(a) AI systems intended to be used by competent public authorities or on their behalf as polygraphs and similar tools or to detect the emotional state of a natural person;
2022/06/13
Committee: IMCOLIBE
Amendment 3205 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
(b) AI systems intended to be used by competent public authorities or on their behalf to assess a risk, including a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered into the territory of a Member State;
2022/06/13
Committee: IMCOLIBE
Amendment 3207 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point c
(c) AI systems intended to be used by competent public authorities or on their behalf for the verification of the authenticity of travel documents and supporting documentation of natural persons and detect non-authentic documents by checking their security features;
2022/06/13
Committee: IMCOLIBE
Amendment 3214 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assist competent public authorities or on their behalf for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
2022/06/13
Committee: IMCOLIBE
Amendment 3216 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assistbe used by competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
2022/06/13
Committee: IMCOLIBE
Amendment 3233 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 8 – point a
(a) AI systems intended to assist abe used by judicial authority in researching andies or on their behalf in interpreting facts andor the law and infor applying the law to a concrete set of facts.
2022/06/13
Committee: IMCOLIBE
Amendment 3279 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 5
5. A description of relevanyt changes made by providers to the system through its lifecycle;
2022/06/13
Committee: IMCOLIBE
Amendment 3281 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 6
6. A list of the harmonised standards applied in full or in part the references of which have been published in the Official Journal of the European Union; where no such harmonised standards have been applied, a detailed description of the solutions adopted to meet the requirements set out in Title III, Chapter 2, including a list of common specifications or other relevant standards and technical specifications applied;
2022/06/13
Committee: IMCOLIBE
Amendment 3312 #

2021/0106(COD)

Proposal for a regulation
Annex IX a (new)
ANNEX IXa: MODALITIES FOR AN EU AI REGULATORY SANDBOXING PROGRAMME 1.The European Commission shall establish the EU AI Regulatory Sandboxing Programme (‘sandboxing programme’) in collaboration with Member States and other competent entities such as regions or universities. 2.The Commission shall play a complementary role, allowing those entities with demonstrated experience with sandboxing to build on their expertise and, on the other hand, assisting and providing technical understanding and resources to those Member States and regions that seek guidance on the set-up of these regulatory sandboxes. 3.Participants in the sandboxing programme, in particular start-ups and SMEs, are granted access to pre- deployment services, such as preliminary registration of their AI system, compliance R&D support services, and to all the other relevant elements of the Union’s AI ecosystem and other Digital Single Market initiatives such as Testing &Experimentation Facilities, Digital Hubs, Centres of Excellence, and EU benchmarking capabilities;and to other value-adding services such as standardisation documents and certification, an online social platform for the community, contact databases, existing portal for tenders and grant making and lists of EU investors. 4.Foreign providers, in particular start- ups and SMEs, are eligible to take part in the sandboxes to incubate and refine their products incompliance with this Regulation. 5.Individuals such as researchers, entrepreneurs, innovators and other pre- market ideas owners are eligible to pre- register into the sandboxing programme to incubate and refine their products in compliance with this Regulation. 6.The sandboxing programme and its benefits shall be available from a single portal established by the European Commission. 7.The sandboxing programme shall develop and manage two types of regulatory sandboxes:Physical Regulatory Sandboxes for AI systems embedded in physical products or services and Cyber Regulatory Sandboxes for AI systems operated and used on a stand-alone basis, not embedded in physical products or services. 8.The sandboxing programme shall work with the already established Digital Innovation Hubs in Member States to provide a dedicated point of contact for entrepreneurs to raise enquiries with competent authorities and to seek non- binding guidance on the conformity of innovative products, services or business models embedding AI technologies. 9.One of the objectives of the sandboxing programme is to enable firms’ compliance with this Regulation at the design stage of the AI system (‘compliance-by- design’).To do so, the programme shall facilitate the development of software tools and infrastructure for testing, benchmarking, assessing and explaining dimensions of AI systems relevant to sandboxes, such as accuracy, robustness and cybersecurity. 10.The sandboxing programme shall include a Reg Tech lab, to help authorities experiment and develop enforcement tools and protocols for enforcing this Regulation. 11. The sandboxing programme shall be rolled out in a phased fashion, with the various phases launched by the Commission upon success of the previous phase. The sandboxing programme will have a built-in impact assessment procedure to facilitate the review of cost- effectiveness against the agreed-upon objectives. This assessment shall be drafted with input from Member States based on their experiences and shall be included as part of the Annual Report submitted by the Commission to the European Artificial Intelligence Board.
2022/06/13
Committee: IMCOLIBE
Amendment 19 #

2020/2259(INI)

Motion for a resolution
Recital A
A. whereas the fiscal system must be reformed if the state is to continuemeasures to establishing the preconditions for inclusive and sustainable well-being require proportional and targeted adaptations in the fiscal system;
2021/04/16
Committee: ECON
Amendment 29 #

2020/2259(INI)

Motion for a resolution
Recital B
B. whereas the economic recovery and the climate crisis have increased the need to mobilise more resources and re-evaluate the current taxation policieto abolish overly complex national taxation policies that only increase the risk of loopholes for tax evasion and distort competition in particular disadvantaging SMEs;
2021/04/16
Committee: ECON
Amendment 37 #

2020/2259(INI)

Motion for a resolution
Recital C
C. whereas tax morale is generally higher in countries that tax more heavily, which is evidence for the willingness of citizens to pay tax in return for effective public services9 ; _________________ 9 https://www.oecd- ilibrary.org/sites/0533eea9- en/index.html?itemId=/content/componen t/0533eea9-endeleted
2021/04/16
Committee: ECON
Amendment 81 #

2020/2259(INI)

Motion for a resolution
Paragraph 1
1. Considers that COVID-19 has given the EU a unique chance for a proper and holistic analysis of tax systems, how individual taxes interact and how they can be better coordinated to produce more flexible, resilient, green and fairer tax systems; recommends that Member States take this opportunity to build a new social-fiscal contract with citizens; underlines that this will help not only with raising revenues, but also with building trust and accountability between citizens and the state; stresses the need for coordination at EU level to avoid distortions and subsequent revenue losses;
2021/04/16
Committee: ECON
Amendment 130 #

2020/2259(INI)

Motion for a resolution
Paragraph 6
6. Notes that a significant amount of government funding is channeled through tax expenditure in the form of exemptions, deductions, credits, deferrals and reduced tax rates13 ; notes further that these overly complex national tax systems and in particular their various exemptions lead to loopholes; _________________ 13The tax-expenditure-to-GDP ratio is on average 4.5 percentage points in the EU; https://www.cepweb.org/reforming-tax- expenditures/;IMF, ‘Tax Policy for Inclusive Growth after the Pandemic’, 16 December 2020, https://www.imf.org/en/Publications/SPRO LLs/covid19-special-notes#fiscal
2021/04/16
Committee: ECON
Amendment 141 #

2020/2259(INI)

Motion for a resolution
Paragraph 7
7. Notes that COVID-19 has demonstrated that the current disproportionate reliance on labour income taxes and social contributions, which puts the onus on continued high levels of employment and consumption to fund government spending and policies, is neither sustainable nor economically effective;deleted
2021/04/16
Committee: ECON
Amendment 155 #

2020/2259(INI)

Motion for a resolution
Paragraph 8
8. Notes with concern that the impact of the COVID-19 pandemic is highly regressive, with the poorest households being the most severely hit14 ; regrets that large companies that realise excess profits, such as e-commerce businesses and wealthy individuals who realise significant capital gains through speculation, are often undertaxedcalls the need to find a fair and proportionate taxation for multinational enterprises that are even benefiting from the current crisis and a new normal in the digital sphere; _________________ 14OECD, ‘Tax and Fiscal Policy in Response to the Coronavirus Crisis: Strengthening Confidence and Resilience’, 19 May 2020,https://www.oecd.org/ctp/tax- policy/tax-and-fiscal-policy-in-response- to-the-coronavirus-crisis-strengthening- confidence-and-resilience.htm
2021/04/16
Committee: ECON
Amendment 167 #

2020/2259(INI)

Motion for a resolution
Paragraph 9
9. Highlights that environme potential taxes have the potential to cover the need for additional revenue while supporting a resilient, competitive, sustainable and carbon-free economy; calls on Member States to consider expandof a globally agreed and stringent emissions trading system (ETS) on which the price of CO2 emissions should be based. It needed to include all sectors, i.e., electricity mobility, in particular international sectors such as aviation, shipping and transport. In the long-term, forestry and agriculture need to be included as well. Additionally, the reduction of CO2 emissions ing the tax base for environmental taxes through inter alia natural resource taxes, distance-based charges in the transport sector, fuel prices, and the taxation of deforestindustrial sector must be promoted through CO2-reducing technology. Thus, distortions of competition, for example with regard to energy prices, arising from unilateral national or EU-wide regulations, landfill, incineration, pesticides and fertilizersas well as "carbon leakage" are avoided;
2021/04/16
Committee: ECON
Amendment 187 #

2020/2259(INI)

Motion for a resolution
Paragraph 11
11. Warns that national budgets cannot rely on environmental taxes alone, as some of these revenues will fall as environmental harm decreases over time; calls on Member States to develop holistic tax reforms, shifting taxation from labour to not only pollution but also capital and wealth16 ; _________________ 16European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/busi ness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en; calls on Member States to develop holistic tax reforms, installing a fair and transparent tax system making everyone pay a fair share;
2021/04/16
Committee: ECON
Amendment 215 #

2020/2259(INI)

Motion for a resolution
Paragraph 14
14. WelcomesTakes note of initiatives taken by the Commission within the framework of the Green Deal; notes with concern that no clear and holistic guidance exists on how taxation should contribute to achieving the goals set out in the Green Deal and considers that the taxation syhe costs of the implementation of the green deal is to be shouldered, particularly by SMEs, in particular with a view on the large bureaucratic burden that not at last em should therefore be reformederges due to the Taxonomy regulation;
2021/04/16
Committee: ECON
Amendment 234 #

2020/2259(INI)

Motion for a resolution
Paragraph 16
16. WelcomesTakes note of the Commission’s soon- to-be-published revision of the Energy Taxation Directive17 ; callhighlights oin Member States to agree to clthe context of proposed tax exemptions for aviation and maritime fuels, increase minimum rates and restore the level playing field; callsand transport taxes the potential onf the ComEmission to launch a proposal for a progressive European kerosene taxs Trading System (ETS) that should include transportation (comprehending maritime and road transport); _________________ 17 OJ L 283, 31.10.2003, p. 51.
2021/04/16
Committee: ECON
Amendment 9 #

2020/2258(INI)

Motion for a resolution
Recital A
A. whereas harmful tax practices (HTP) refer to measures put in place by States to compete with other States via preferential tax regimes or tax incentives which are isolated from the domestic economy, or tax advantages granted even in the absence of any real economic activity in their territorytax regimes that can facilitate base erosion and profit shifting, and therefore have the potential to unfairly impact the tax base of other jurisdictions and to measures such as "hidden" subsidies that lead to a distortion of competition, especially when small and middle sizes companies have a disadvantage compared to multinational entities;
2021/06/02
Committee: ECON
Amendment 123 #

2020/2258(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to producedraft guidelines on how to design tax incentives with fewer risks of distorting the Single Marketfair and transparent tax incentives that give consideration to positive and fair tax competition that encourages states to efficiently use their resources based on collected taxes and to create an added value for citizens and businesses;
2021/06/02
Committee: ECON
Amendment 149 #

2020/2258(INI)

Motion for a resolution
Paragraph 11
11. Insists that the future implementation of new EU tools against HTP should prioritise the recourse to legislative instruments and exploreCalls for a modified approach in the decision-making process that allows an effective and feasible way forward against HTP, in particular while taking into account the provisositions of the TFEU allowing decision- making to be facilitated, such as qualified majority votingEuropean Parliament;
2021/06/02
Committee: ECON
Amendment 186 #

2020/2258(INI)

Motion for a resolution
Paragraph 15
15. Calls for a revision of the criteria, the governance and the scope of the CoC through a legally binding instrument that should replace the current intergovernmental arrangements and allow for a transition to qualified majority voting; requires that Parliament be included in the process of designing and adopting new policies and criteria to combat HTPn expert group consisting of experts from the field of civil society, the Commission and the European Parliament; finally leading to more effective policies and criteria to combat HTP always under the premise to protect citizens and SMEs as taxpayers that have to shoulder the losses resulting from tax evasion in the first place;
2021/06/02
Committee: ECON
Amendment 197 #

2020/2258(INI)

Motion for a resolution
Paragraph 16
16. Considers the reform of the criteria of the CoC to be a matter of urgency and that it should assess all regimes proposing a tax rate below the futures efforts and ambitions should be in line with an internationally agreed minimum effective tax rate in the framework of Pillar II of the Inclusive Framework as being potentially harmful, unless the revenues qualifying for a deduction or a reduced tax rate comply with robust and progressive economic substance requirementswhich is an ideal possible outcome of an ambitious effort, mainly driven by the US and Europe as its most important partner;
2021/06/02
Committee: ECON
Amendment 207 #

2020/2258(INI)

Motion for a resolution
Paragraph 17
17. Urges an enlargement of the scope of the CoC, notably by including preferential personal income or capital tax regimes, or personal income and wealth tax regimes that could lead to significant SCalls for further evidence based on legal expertise, studies and surveys for example by the legal services of the European Parliament, the Commission and the Council to evaluate how and to which extent the CoC can widen the scope of its investigation and evaluation to avoid single Mmarket distortions caused by HTP;
2021/06/02
Committee: ECON
Amendment 221 #

2020/2258(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the publication of the biannual reports of the CoC Group to the Council; believes that a dedicated online tool should be created to avoid relying only on Council conclusions to retrieve essential information about tax policy at EU level, based on the findings of a proposed expert group from the field of civil society, the Commission and the European Parliament responsible for the revision of the criteria, the governance and the scope of the CoC;
2021/06/02
Committee: ECON
Amendment 5 #

2020/2223(INI)

Motion for a resolution
Citation 10 a (new)
- having regard to the Council conclusions of 22 March 2019 on "Jobs, Growth and Competitiveness",
2021/02/03
Committee: ECON
Amendment 24 #

2020/2223(INI)

Motion for a resolution
Recital C
C. whereas smart reconciliation of the Union’s competition rules with its industrial, environmental, digital and international trade policies is essential for ensuring a level playing field in all sectors, re-shoring value chain activities and bolstering global competitiveness;
2021/02/03
Committee: ECON
Amendment 57 #

2020/2223(INI)

Motion for a resolution
Paragraph 3
3. Considers that ensuring a level playing field for undertakings in the single market and in global markets also depends on decisively and effectively combating social, and environmental dumping;
2021/02/03
Committee: ECON
Amendment 87 #

2020/2223(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Calls on the Commission to ensure that EU funding measures in response to the COVID-19 crisis, including through the Recovery and Resilience Facility, do not favour monopolistic undertakings, notably in critical sectors such as telecommunications; urges the Commission to set up an oversight mechanism to verify any potential distortions of competition derived from inappropriate use of RFF funding;
2021/02/03
Committee: ECON
Amendment 136 #

2020/2223(INI)

Motion for a resolution
Paragraph 9
9. EWelcomes the Communication “European economic and financial system: fostering openness, strength and resilience” and the possibility to consider additional policy options to further deter and counteract the unlawful extra- territorial application of unilateral sanctions by third countries to EU operators; emphasises the importance of global dialogue and cooperation on competition policy enforcement;
2021/02/03
Committee: ECON
Amendment 216 #

2020/2223(INI)

Motion for a resolution
Paragraph 18
18. Calls onWelcomes the Commission to consider proposalsproposal for a Digital Markets Act to prohibit platforms from engaging in self- preferencing, building on past antitrust cases, or operating in lines of business that depend on or interoperate with the platform, as well as to require platforms to make their services compatible with competing networks to allow for interoperability and data portability; calls on the Commission to address cases where remedies offered have clearly been ineffective to restore competition to the comparison-shopping market; stresses that enforcement of previous decisions is crucial to the effective enforcement of the Digital Markets Act and to creating a workable template to effectively address anticompetitive behaviours by online platforms;
2021/02/03
Committee: ECON
Amendment 224 #

2020/2223(INI)

Motion for a resolution
Paragraph 19
19. Considers that the structural unbundling of Big Tech monopolies is desirablea last resort solution for restoring competition in digital markets; stresses that targeted and effective behavioural remedies offer a time-efficient solution; suggests implementing participative antitrust in order to foster continuous dialogue with all undertakings, increase legal certainty and ensure effective remedies;
2021/02/03
Committee: ECON
Amendment 235 #

2020/2223(INI)

Motion for a resolution
Paragraph 20
20. Looks forward toWelcomes the Commissionʼs proposals for a Digital Services Act and a Digital Markets Act; notes that the Digital Markets Act is a complementary tool to competition rules and aims to ensure fair and contestable online markets; stresses the need to be consistent with competition rules, including ambitious national competition laws, to ensure an effective enforcement and clarity;
2021/02/03
Committee: ECON
Amendment 255 #

2020/2223(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Calls on the Commission to review its merger and acquisition guidelines when it comes to assessing personal data; calls on the Commission to fully consider personal data assets as all other traditional physical assets when it decides on digital mergers and acquisitions; Urges the European Commission to take a broader view when evaluating digital mergers and assess the damaging effects of data concentration;
2021/02/03
Committee: ECON
Amendment 257 #

2020/2223(INI)

Motion for a resolution
Paragraph 22 b (new)
22 b. Notes that in several specific markets for financial data (credit rating, financial indices, consolidated feeds…), there are multiple vendors and, although none of them has a dominant market share, competition remains very low; notes also that some financial market data vendors positioned as data aggregators could act as gatekeepers and as such could control access to data and restrict usage for customers; calls on the Commission to assess those oligopolistic and gatekeepers situations and develop measures restoring competition, supporting price transparency and avoiding unfair and unreasonable commercial practices;
2021/02/03
Committee: ECON
Amendment 263 #

2020/2223(INI)

Motion for a resolution
Paragraph 23
23. Calls for the Union’s infrastructure capacity in critical digital sectors to be enhanced; including by encouraging fair competition and promoting fair software licensing principles in European cloud markets;
2021/02/03
Committee: ECON
Amendment 309 #

2020/2223(INI)

Motion for a resolution
Paragraph 28 b (new)
28 b. Calls on the Commission to inform the European Parliament on the allocation of human resources between State aid control, merger control and antitrust; acknowledges the extra workload regarding State aid control due to the pandemic but calls on the Commission to ensure a reasonable allocation of resources to ensure that all aspects of competition policy are treated equally;
2021/02/03
Committee: ECON
Amendment 333 #

2020/2223(INI)

Motion for a resolution
Paragraph 32
32. Suggests looking into ‘killer acquisition’ practices that could jeopardise innovation; welcomes the announcement of the European Commission to start accepting referrals from national competition authorities of mergers that are worth reviewing at the EU level; calls on the Commission to review and to issue guidelines on its referral practice based on Article 22 of Regulation 139/2004 in parallel with the obligation to inform about concentrations foreseen in the Digital Markets Act;
2021/02/03
Committee: ECON
Amendment 337 #

2020/2223(INI)

Motion for a resolution
Paragraph 32 a (new)
32 a. Underlines the importance of Transparency Register to ensure public scrutiny of lobbying efforts in the aim of preventing distortion of competition; calls for an enhanced EU transparency Register with information related to funding of companies or associations to prevent stakeholders from acting on behalf of other companies without specifying it;
2021/02/03
Committee: ECON
Amendment 7 #

2020/2216(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Highlights that market fragmentation prevents companies to scale up rapidly and to create synergies and economies of scale, underlines that more harmonisation with a high level of protection of consumers across all Member States is also the best way to build trust to Europeans when using services of buying goods cross border and facilitate the development of technologies. Reminds that according to estimates of the European Parliament Research Service in its 'Costs of non-Europe in the Single Market' study that completing the SingleMarket would entail economic gains ranging from 651 billion to 1.1 Trillion EURO per year, equivalent to a range of 5 %to 8.63% of EU GDP;
2020/12/21
Committee: ITRE
Amendment 28 #

2020/2216(INI)

Draft opinion
Paragraph 2
2. Recognises that the EU has an enormously strong SME sector; recalls that this second wage of digitalisation could lead to a strong industrial development of SMEs; calls for a goal of 500 digital unicorns within 10 years; recognises that SMEs are the backbone and the future of European economy;recognises the role of SMEs in skilling, reskilling and upskilling employees; calls that any new laws and regulations reduce the administrative burden on small and medium-sized businesses;
2020/12/21
Committee: ITRE
Amendment 31 #

2020/2216(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Welcomes the Commission's proposal for a Digital Services Act and the Digital Markets Act which includes an ambitious reform of the digital space, a comprehensive set of new rules for all digital services, including social media, online market places, and other online platforms that operate in the European Union:
2020/12/21
Committee: ITRE
Amendment 36 #

2020/2216(INI)

Draft opinion
Paragraph 3
3. Emphasises that the COVID crisis provides an opportunity to speed up digitalisation; calls for financial incentives for SMEs that want to enter new markets; therefore calls for accelerating the completion of the digital single market by pushing ahead a European-wide gigabit- broadband network;by further developing the existing data protection law into a modern data law, which at the same time enables innovative digital future technologies and business models and protects the personal rights of citizens;by guaranteeing the right to encryption of citizens to protect data that may be obtained through foreign intelligence activities or cyber-attacks;by further fostering cybersecurity by supporting a European research strategy in the field of quantum computing in order to be able to guarantee secure encryption of data in the future and to invest in the cyber security of the systems and technologies that support the internet as such and the networked systems derived from it; calls for financial incentives for SMEs that want to enter new markets; underlines the importance of trade and globalisation for prosperity and peace, therefore calls for efforts to be made to ensure that COVID does not lead to a re- nationalisation of trade and therefore proposes an action plan to help European companies to become geographically active in new markets;
2020/12/21
Committee: ITRE
Amendment 55 #

2020/2216(INI)

Draft opinion
Paragraph 4
4. Calls for special economic digital zones to promote structural change and create development cores for new digital economic structures; therefore, proposes the creation of a special EU start-up zone with less bureaucracy, excellent infrastructure, a special taxation Regime, a n Environment of "regulatory sandboxes" and best support for top research; suggests full scholarships with the aim of bringing together the best minds in Europe worldwide in order to drive innovation, technology and prosperity of the future; believes that this is where the future opportunities lie, especially for Europe's economically weaker regions;
2020/12/21
Committee: ITRE
Amendment 65 #

2020/2216(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission to stop funding big companies and distributing the remaining funds by a shotgun approach; calls for winners to be picked and grown larger; suggests prioritising future areas for digital economic structures; believes that the current funding policy needs to be developed further more efficiently and needs to overcome any silo culture of research funding;
2020/12/21
Committee: ITRE
Amendment 70 #

2020/2216(INI)

Draft opinion
Paragraph 6
6. Demands an end to the exodus of start-ups that do not receive follow-up- funding in Europe but find it elsewhere; calls for improving the taxation frameworks for venture capital in Europe; calls to stop the Exodus of young companies in Europe which leave the EU because they do not receive funding after entering the market.
2020/12/21
Committee: ITRE
Amendment 73 #

2020/2216(INI)

Draft opinion
Paragraph 7
7. Calls for massive investment in clusters of excellence; therefore, supports the Commission's proposal to promote the establishment of centers of excellence and testing to increase synergies and networks between AI research centers, with the aim of promoting excellence, attracting and keeping the best researchers and developing the level of technology; suggests that in addition to the centers, efforts should be made to create and support flexible network-based structures based on cooperation between higher education institutions and industry in the development of artificial intelligence;
2020/12/21
Committee: ITRE
Amendment 98 #

2020/2216(INI)

Draft opinion
Paragraph 9
9. Recognises that AI deployment is key to European competitiveness in the digital era; highlights that to facilitate the uptake of AI in Europe, a common European approach is needed to avoid internal market fragmentation; is convinced that creating a clear European regulatory framework and long-term legal certainty will increase trust of consumers, public sector and businesses in AI, which will accelerating the uptake of AI throughout different sectors;
2020/12/21
Committee: ITRE
Amendment 106 #

2020/2216(INI)

Draft opinion
Paragraph 9 a (new)
9 a. Recognises that Artificial Intelligence is one of the key-technologies for future innovation, sustainable economic growth, and welfare. Emphasis that in a globalized economy, Europe must take on a leading position in the research of Artificial Intelligence and development of Artificial Intelligence applications to stay competitive and become digitally sovereign;
2020/12/21
Committee: ITRE
Amendment 108 #

2020/2216(INI)

Draft opinion
Paragraph 9 b (new)
9 b. Stresses the importance of avoiding creating uncertainty about how AI technologies can be used; recognises that stakeholders in research, industry politics and society need a clear and easily comprehensible legislative framework that regulates the use of AI where needed;
2020/12/21
Committee: ITRE
Amendment 109 #

2020/2216(INI)

Draft opinion
Paragraph 9 c (new)
9 c. Calls for the creation of an digital ecosystem in which SMEs can participate in the technological innovation around AI; emphasises that SMEs will need clear guidelines and legal certainty on how to adopt the new regulations; recalls that any new regulatory burden is much more difficult and more expensive for SMEs and therefore SMEs must be relieved twice as much of administrative burden;
2020/12/21
Committee: ITRE
Amendment 110 #

2020/2216(INI)

Draft opinion
Paragraph 9 d (new)
9 d. Underlines the significance of a common European approach. remindes that according to an estimate by the European Parliamentary Research Service, a common European approach to ethical aspects of AI has the potential to create up to 294.9 billion euros in additional GDP and 4.6 million jobs in the EU by 2030;
2020/12/21
Committee: ITRE
Amendment 114 #

2020/2216(INI)

Draft opinion
Paragraph 10
10. Considers that access to big data is key for the development of AI; calls for a new approach to data regulation; considers therefore that data should be at the heart of digitisation; considers that a balanced approach is needed when it comes to access to data, which will foster innovation and data sharing through voluntary means, while protecting other legitimate interests, such as IPR, privacy and trade secrets; considers that further developing data regulation beyond the concept is key in order to unleash the potential of AI; calls therefore for a new data regulation taking into account the legal principle of property rights; considers that any future data regulation needs to put a specific focus on access to data by research and SMEs in a balanced approach which bests supports innovation;
2020/12/21
Committee: ITRE
Amendment 131 #

2020/2216(INI)

Draft opinion
Paragraph 11
11. Warns against overregulating AI; recalls that regulation must be balanced, agile, permanently evaluated, and based on soft regulation except for high-risk areas; emphasis that any regulation must be flexible enough to not over-regulate and therefore slow down the current and future progress in AI – especially in areas with very little risk of negative impact; Stresses that the regulation of AI has to be proportional to the risk it is aiming to reduce;
2020/12/21
Committee: ITRE
Amendment 140 #

2020/2216(INI)

Draft opinion
Paragraph 11 a (new)
11 a. Underlines that existing regulation in critical areas such as automotive, Finance, healthcare, aviation, transport should be applied wherever possible; suggests that these regulations should be reviewed and updated if necessary to include recent technological advancements;
2020/12/21
Committee: ITRE
Amendment 142 #

2020/2216(INI)

Draft opinion
Paragraph 11 b (new)
11 b. Suggests that AI should be distinguished by categories of use cases; suggests that new use cases that are not covered by existing regulations should be classified by their potential risk which is based on a clear and transparent framework; calls that only AI systems that bear high risk shall be topic for a potential regulation;
2020/12/21
Committee: ITRE
Amendment 144 #

2020/2216(INI)

Draft opinion
Paragraph 11 c (new)
11 c. Considers it necessary to create an ecosystem which allows AI research from public and private institutions to develop the next Generation of AI in an environment of “regulatory sandboxes”, which would allow AI Research even in potentially high-risk use cases;
2020/12/21
Committee: ITRE
Amendment 148 #

2020/2216(INI)

Draft opinion
Paragraph 12
12. Calls for a European Disruptive Innovation Agency which concentrates on first stage research.; in this context very much appreciates the plans to further develop the European Innovation Council under Horizon 2021-2027 into a full Council offering a “one stop shop” for start-ups, offering improved funding instruments and a Business Acceleration Service, learning from its pilot phase;
2020/12/21
Committee: ITRE
Amendment 83 #

2020/2122(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the entry of Bulgaria and Croatia into the Banking UnionExchange Rate Mechanism (ERM II) and therefore into the Banking Union, and stresses that participation in these schemes is inextricably linked up with prudent financial policy;
2021/05/27
Committee: ECON
Amendment 145 #

2020/2122(INI)

Motion for a resolution
Paragraph 8
8. Calls for a well-orchestEmphasises the exceptional nature of a pandemic and the temporary characted shift from pandemic relief to recovery support toolr of the relief measures put in place to limit economic damage, and notes that economic support measures must remain tailored to current and expected economic circumstances;
2021/05/27
Committee: ECON
Amendment 187 #

2020/2122(INI)

Motion for a resolution
Paragraph 12
12. Notes the interdependencies between banks and central counterparties (CCPs), highlights in this regard the risks of excessive reliance on UK CCPs and welcomes the measures setting the criteria for classifying third-country CCPs adopted by the COM during the past year;
2021/05/27
Committee: ECON
Amendment 194 #

2020/2122(INI)

Motion for a resolution
Paragraph 13
13. Regrets the failure to ensure full gender balance in EU financial institutions and bodies; and asks for future appointments to be in line with the European Parliament resolution of 14 March 2019 on gender balance in EU economic and monetary affairs nominations;
2021/05/27
Committee: ECON
Amendment 262 #

2020/2122(INI)

Motion for a resolution
Paragraph 22
22. Is concerned that as Member States sell increasing amounts of sovereign bonds, their share in banks’ balance sheets grows, potentially aggravating the doom loop; considers that the creation ofhigh-quality European assets introduced by Next Generation EU will providdo not fully resolve thigh-quality European assetss issue;
2021/05/27
Committee: ECON
Amendment 301 #

2020/2122(INI)

Motion for a resolution
Paragraph 28
28. Trusts that the introduction of a backstop into the SRF earlier than originally envisaged is positive for the strengthening of the crisis management frameworkNotes the earlier introduction than originally envisaged of the backstop into the SRF;
2021/05/27
Committee: ECON
Amendment 303 #

2020/2122(INI)

Motion for a resolution
Paragraph 28 a (new)
28 a. Insists on holding banks solely responsible for their performance instead of letting taxpayers shoulder the burden of a crisis management framework, in particular of the new lending facility under the common backstop framework;
2021/05/27
Committee: ECON
Amendment 55 #

2020/2076(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the strategic autonomy and resiliency of the Union require technological leadership and a competitive industrial base; whereas investments in research, development and innovation are needed to industrial competitiveness, European companies will remain to depend on the well-functioning of the Single Market and market access abroad as a driver for competitiveness; whereas manufacturing and service companies in Europe are highly integrated into global value chains, companies are likely, post COVID-19, to strengthen and diversify the supply chains in order to reduce over-reliance on one market;
2020/06/30
Committee: ITRE
Amendment 105 #

2020/2076(INI)

Motion for a resolution
Paragraph 1
1. Is of the opinion that digital and environmental transitions and technological leadership should be at the very core of all Unions strategies until 2050; in this context, calls on the Commission to define a comprehensive industrial strategy which manages these transitions, fosters transformation and guarantecreates long-term growth and global competitiveness through free trade and open markets and improves the Union´s strategic autonomy and resiliency;
2020/06/30
Committee: ITRE
Amendment 138 #

2020/2076(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Understands strategic autonomy as a concept in which technological leadership enables EU and Member States to be politically and economically self- determined, while respecting international rules and maintaining openness to international trade with the ambition to reach more free trade agreements; highlights that European industry is highly integrated into global value chains; further recognises that strategic autonomy is not achieved by cutting ties with global value chains; considers instead that strategic autonomy and the resiliency of the Union is achieved by strengthening and developing Europe’s industrial and technological capacities by means of investments in key technologies and ensuring a well-functioning Single Market, a level playing field and a regulatory environment where companies can thrive and compete globally;
2020/06/30
Committee: ITRE
Amendment 239 #

2020/2076(INI)

Motion for a resolution
Paragraph 7
7. Highlights that, during this critical phase, the Union shwhen an increased number of markets are concentrated aroulnd protect its market in strategic sectors and block takeovers and FDI that could further increase its dependency on foreign powerfew actors, customer benefit, innovation and efficiency can be undermined; Calls for continued competition monitoring and supervision in order to secure functional, dynamic and open markets that stimulates investments;
2020/06/30
Committee: ITRE
Amendment 245 #

2020/2076(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Recognizes the importance of the Unions competition policy as a key driver of EU competitiveness; calls for a review of the definition of markets so as to allow for a more realistic and dynamic application of the rules; further, emphasizes the need to ensure sufficient speed, transparency and proportionate in the administrative and procedural framework of EU competition proceedings, particularly in EU merger control; underlines the importance of effective leniency policy for antitrust infringements;
2020/06/30
Committee: ITRE
Amendment 259 #

2020/2076(INI)

Motion for a resolution
Paragraph 8
8. Is of the opinion that the industrial recovery plan should help to create new ambitious and innovative European industrial projects which go hand in hand with the current revision of the guidelines for ‘Important Projects of Common European Interest’ (IPCEI), in order to encourage the emergence of European leaders in strategic industrial sectors that are capable of competing on a global scale; underlines that IPCEI is a tool to overcome market failure which should be used with care and based on strict criteria so as not to distort competition on the Single Market;
2020/06/30
Committee: ITRE
Amendment 693 #

2020/2076(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Considers that the effective enforcement of Intellectual Property rights is essential to protect companies’ intangible assets, promote innovation and creativity and improve competitiveness as well as to fight against counterfeiting and piracy; welcomes the announcement of an Intellectual Property Action Plan; Calls on the Commission to resume the debate on the extension of geographical indication protection at EU level to non- agricultural products to preserve know- how, support sustainable production and jobs and to improve the attractiveness and reputation of EU high quality productions worldwide;
2020/06/30
Committee: ITRE
Amendment 172 #

2020/2075(INI)

Motion for a resolution
Paragraph 11
11. Highlights that debt levels have increased and that some Member States already have a sizeable debt legacy; notes that circumstances have changed since the Maastricht criteria were defined and that inflation and interest rate levels are considerably lowererefore asks for a Maastricht 2.0, including automatic financial and non- financial sanctions against Member States with excessive deficits;
2021/04/23
Committee: ECON
Amendment 228 #

2020/2075(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Calls for the application of a 'Maastricht 2.0' including automatic sanctions against Member States based on an excessive deficit procedure that cannot be politically undermined. The disbursement of cohesion funds should be linked to compliance with the fiscal compact by the respective member state. In addition, non-financial sanctions must also be possible, such as the suspension of voting rights in the Economic and Financial Affairs Council;
2021/04/23
Committee: ECON
Amendment 249 #

2020/2075(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls on the European Commission to ensure that the indicator for fiscal sustainability ("S2"), which is regularly calculated by the European Commission, becomes a binding and sanctioned component of the assessment of national budgets within the framework of the Stability and Growth Pact;
2021/04/23
Committee: ECON
Amendment 284 #

2020/2075(INI)

21. Proposes, in line withTakes note of the proposal of the EFB, for ‘one general escape clause, triggered based on independent economic judgement' but asks for further clarification on the independent body, how and from whom it will be selected and asks the EFB in this context to further define the term "independent", in particular with a view on external bodies;
2021/04/23
Committee: ECON
Amendment 298 #

2020/2075(INI)

Motion for a resolution
Paragraph 22
22. SharRefuses the EFB’s opinion that sustainable growth-enhancing public investments should be exempt from the expenditure rule, in particular those investments that are aligned with the EU’s long-term objectives of the NGEUconcept of a golden rule implying investments can be financed through debts while anticipating they were "financing themselves" through generating higher growth in the long run; Reminds of Germany’s quadrupling tax level from 1970 to 2010, from 17.8 to 78.4 percent of GDP under the golden rule, as a really bad example;
2021/04/23
Committee: ECON
Amendment 2 #

2020/2036(INI)

Motion for a resolution
Citation 3 a (new)
- having regard to the Commission Communication of 9 July 2020 entitled 'Getting ready for changes. Communication on readiness at the end of the transition period between the European Union and the United Kingdom' (COM(2020) 324),
2020/07/17
Committee: ECON
Amendment 11 #

2020/2036(INI)

Motion for a resolution
Recital A
A. whereas all actions taken to create a Capital Markets Union (CMU) should have as their core objectives improving the range of financing options offered to companies and citizens, as well as fostering the availability of a greater range of more attractive investment offers, as their objectiveto incentivise financial participation and to turn savers into investors; whereas access to equity financing for SMEs, entrepreneurs and the social economy has become even more crucial for the COVID-19 recovery;
2020/07/17
Committee: ECON
Amendment 42 #

2020/2036(INI)

Motion for a resolution
Recital C
C. whereas the social and economic crisis resulting from COVID-19 will have a particularly negative impact on SMEs and retail savers; whereas the EU’s response to COVID-19 through the European Recovery Plan should provide a large injection of capital in order to increase European enterprises’ access to finance; whereas capital market financing is needed to increase the overall financing capacity and to reduce the reliance on bank lending in the EU;
2020/07/17
Committee: ECON
Amendment 56 #

2020/2036(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas recent announcements from the UK authorities on future regulatory divergence confirm the need for a careful assessment, in each area on a forward-looking and on-going basis, of the risks for the EU in terms of financial stability, market transparency, market integrity, investor protection and level- playing field when granting and maintaining equivalence, due to the current interconnectedness between the EU and the United Kingdom markets;
2020/07/17
Committee: ECON
Amendment 60 #

2020/2036(INI)

Motion for a resolution
Recital C d (new)
Cd. whereas financial stability and the integrity of the single market can only be preserved with a robust approach to third- countries access to the EU’s market and a dynamic monitoring system on equivalence regimes; whereas it is recalled that equivalence can only be granted if the regulatory and supervisory regime and standards of the relevant third-country are deemed fully equivalent by the Commission to those of the EU in order to ensure a level playing field;
2020/07/17
Committee: ECON
Amendment 67 #

2020/2036(INI)

Motion for a resolution
Recital C f (new)
Cf. whereas bringing the Capital Markets Union project closer to EU citizens is crucial to increase their confidence in capital market and equity financing; whereas the Commission should explore further opportunities to communicate on the benefits of the CMU project, for example with a change of name highlighting the direct link between EU citizens' savings and investments in the economic growth and post-COVID recovery;
2020/07/17
Committee: ECON
Amendment 69 #

2020/2036(INI)

Motion for a resolution
Paragraph 1
1. Calls for the removal of barriers, including the simplification of legislation where relevant and conducive to financial stability, to diversify funding sources for SMEstart-ups, SMEs and mid-caps, in order to promote SMEs’their ability to access equity markets, and to reduce the existing debt bias; points out that the current situation makes SMEs more fragile and vulnerablnotes that necessary measures include facilitating investment research, streamlining the definition of SMEs across relevant EU legislation, and easing issuance requirements to ensure that start-ups, SMEs and mid-caps find their way to public markets; calls on the Member States to rebalance debt-equity bias in taxation; points out that the current situation makes SMEs more fragile and vulnerable; calls on the introduction of an ‘SME test’ for impact assessments on each CMU initiative;
2020/07/17
Committee: ECON
Amendment 122 #

2020/2036(INI)

Motion for a resolution
Paragraph 4
4. Requests the Commission to assess how targeted amendments to the Securitisation Regulation could free up financing capacity; such targeted amendments could include the realignment of the treatment of cash and synthetic securitisations, of the treatment of regulatory capital and liquidity with that of covered bonds and loans, as well as with the disclosure and due diligence requirements for covered bonds and simple, transparent and standardised (STS) securitisation;
2020/07/17
Committee: ECON
Amendment 127 #

2020/2036(INI)

Motion for a resolution
Paragraph 5
5. Calls for targeted measures within securities market legislation tohat could help expedite the recovery after the COVID-19 crisis; supports as part of a broad package of measures to increase public and private financing; welcomes targeted changes in the Prospectus Regulation, the Markets in Financial Instruments Directive (MIFID), and the Securitisation Regulation and the Market Abuse Regulations long as they aim to preserve market liquidity and transparency, and to facilitate investments in the real economy, in particular in SMEs, and tomid-caps; notes that, allowing newcomers and new products to enter the markets, preserving consumer protection and market integrity; incumbent market players to offer new innovative products while preserving consumer protection and market integrity, is one of the strongest assets of the EU single market;
2020/07/17
Committee: ECON
Amendment 135 #

2020/2036(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission to explore initiatives to incentivise employee share ownership, in order to promote the direct involvement of retail savers in financing the economy; such initiatives could include the creation of specific investment vehicles regulated under the AIFM Directive, with targeted changes to ease the operations of cross-border share- ownership plans, the encouragement of programmes to raise awareness throughout the EU, and the adoption of recommendations to Member States on relevant tax incentives;
2020/07/17
Committee: ECON
Amendment 155 #

2020/2036(INI)

Motion for a resolution
Paragraph 7
7. Highlights the importance of increasing legal certainty for cross-border investments by making national insolvency proceedings more efficient and effective; , whilst taking into consideration the different legal systems across the Member States, and by further harmonising rules on corporate governance, including a common definition of “shareholder” to facilitate the exercise of shareholder rights and the engagement with investee companies across the EU; calls on the Commission to propose legislative initiatives and issue recommendations to Member States, as appropriate, with a specific timeline for delivery, and aiming to achieve significant progress swiftly;
2020/07/17
Committee: ECON
Amendment 163 #

2020/2036(INI)

Motion for a resolution
Paragraph 8
8. Stresses the necessity of advancing further in the implementation and the enforcement of a genuinely Single Rule Book for financial services in the internal market; calls on the Commission and the ESAs to draw conclusions on the use of supervisory convergence tools through market movements related to the COVID- 19 crisis, and to suggest legislative and non-legislative initiatives to enhance the effectiveness of these tools as appropriate;
2020/07/17
Committee: ECON
Amendment 171 #

2020/2036(INI)

Motion for a resolution
Paragraph 9
9. Underlines the need to promote pension provision, in particular third- pillar pensions; welcomes the Pan- European Personal Pension (PEPP) product; remindscalls that the tax treatment will be a key consideration for the take-up of future PEPPs; recalls the Commission recommendation of 26 June 2017, inviting Member States to ensure that PEPPs need to bare subject to the same tax treatment as national pension products to become an option for savers; recalls that a deep and competitive market for PEPP products, to the benefit of retail consumers, will only emerge if all providers can operate on a level playing field;
2020/07/17
Committee: ECON
Amendment 176 #

2020/2036(INI)

Motion for a resolution
Paragraph 10
10. Encourages the Member States to promote multi-pillar pension systems, including occupational pension schemes, as a way to improve market dynamics and the incentives to and personal pension schemes, as a way to deepen the pools of European capital available for investment in strategic sectors through incentives for long-term investments; believes that private pensions should be revitalised and made more attractive; encourages the participation of investors in long-term products with tax reduction or exemption policiincentive policies promoting a level playing field across providers and product types;
2020/07/17
Committee: ECON
Amendment 188 #

2020/2036(INI)

Motion for a resolution
Paragraph 11
11. Recalls that the Solvency 2 Directive requires a review by the end of 2020 and that the European Insurance and Occupational Pensions Authority (EIOPA) will provide technical advice to the Commission after consultations with different stakeholders; requests the Commission and EIOPA to consider adjusting the capital requirements for investments in equity and private debt, in particular of SMEs and mid-caps, to ensure that incentives for insurers and pension funds do not penalise equity investments; strongly calls on insurers and re-insurers to draw conclusions from the COVID-19 crisis, including on the coverage of pandemic-related risks; encourages the rapid phasing out of national exemptions and to the reduction of ‘gold-plating’ in national implementation of Solvency II, to foster harmonisation and integration of the EU insurance and re-insurance market;
2020/07/17
Committee: ECON
Amendment 200 #

2020/2036(INI)

Motion for a resolution
Paragraph 12
12. Stresses the need for European and national ssupervisory convergence to promote a common European model, highlights the crucial role of the European Supervisory aAuthorities to overcome their differences; calls for supervisory convergence to promote a common European model, guided by the European Securities and Market Authority (ESMA),(ESAs) in facilitating this; recalls the additional competences given and structural changes made to the ESAs by the recently adopted Regulation (EU) 2019/2175; calls on the ESAs, together with the national supervisory authorities, to implement and exercise these changes as soon as possible to allow the ESAs to act swiftly to preserve financial stability and the orderly functioning and integrity of the market, and to reduce the existing obstacles to cross-border financial operations;
2020/07/17
Committee: ECON
Amendment 219 #

2020/2036(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the Commission to present a detailed road map to strengthen the robustness of the financial ecosystem, drawing lessons from the benefits and the shortcomings of the existing EU rulebook on financial stability and financial supervision, identified during the COVID- 19 crisis; takes note of the recent recommendations from the ESRB, notably on liquidity risks arising from margin calls and liquidity risks in investment funds;
2020/07/17
Committee: ECON
Amendment 226 #

2020/2036(INI)

Motion for a resolution
Paragraph 14
14. Is concerned that retail investors’ engagement with financial markets remains low; calls for measures to promote retail investments in view of the demographic challenges faced by the EU by increasing the participation of retail investors in capital markets through more attractive and appropriate personal pension products; calls on the Commission to put forward initiatives specifically targeting retail investors, including facilitating the development of independent web-based EU comparison tools, to help retail investors determine the most appropriate products in terms of risk, return on investment and value for their particular needs, and promoting incentives for ESG products and products typically associated with better value for money;
2020/07/17
Committee: ECON
Amendment 231 #

2020/2036(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Notes that various studies consistently show that a significant majority of retail investors mention sustainability preferences when asked about their investment preferences, and considers that this is an opportunity to further incentivise retail investors to be more active in financial markets;
2020/07/17
Committee: ECON
Amendment 241 #

2020/2036(INI)

Motion for a resolution
Paragraph 16
16. Recalls the existence of different shortcomings in the legislation on packaged retail investment and insurance products (PRIIPs) that should be addressed in the next reviewas soon as possible, ahead of the application of the PRIIPs rules to UCITS products; expects that Level 2 PRIIPs legislation on the Key Investor Document to respect lwill be aligned with the Level 1 text, in particular in relation to the performance scenarproviding accurate, fair, clear and non-misleading pre- contractual informatiosn; regrets the delays in the adoption of Level 2 PRIIPs legislation that will overlap with the first review of PRIIPs, and which increases legal uncertainty and costs for stakeholdermarket participants, and could reduce understanding and confidence from retail investors; calls for a more fundamental review of rules applicable to the distribution of financial products across the entirety of the retail investment space, in particular under MiFID, IDD and PRIIPs, aiming to harmonise and streamline the EU rulebook as appropriate; notes that EU rules on consumer protection should be adapted to the green and the digital transformations and put the interest of the retail investor at the forefront, regardless of the different types of providers and products;
2020/07/17
Committee: ECON
Amendment 251 #

2020/2036(INI)

Motion for a resolution
Paragraph 17
17. Urges the Commission to make clear the differentiation betweenintroduce more proportionality on the rules for professional and retail investors on all levels of MIFID, making it possible to tailor the treatment of clients according to their knowledge and experience on the markets; requests that the Commission consider the introduction of a category of semi-professional investors to better respond to, while avoiding a fundamental change in MiFID categorisation; suggests that the Commission consider the introduction of an opt-in regime, allowing retail investors to choose to be treated as professional investors, notably in the areality of participation on the financial marke of information requirements;
2020/07/17
Committee: ECON
Amendment 259 #

2020/2036(INI)

Motion for a resolution
Paragraph 18
18. Is of the opinionRecognises claims that the current reporting framework within MIFID II and the European Market Infrastructure Regulation (EMIR) ismay be very costly and complex, which could hindering the effectiveness of the system; believes that a simplification thereof is necessarycalls on the Commission to explore whether a simplification thereof and streamlining across legislation is necessary, while ensuring that financial stability and market transparency is preserved at all times; highlights that any assessment of reporting and transparency in financial markets would not be complete without a proper review on the cost and availability of market data for all market participants;
2020/07/17
Committee: ECON
Amendment 286 #

2020/2036(INI)

Motion for a resolution
Paragraph 21
21. Emphasises that financial education is a medium-term tool, which enriches the financial system and which is a good step for engaging retail investors with financial markets; notes that employee share ownership programmes are amongst the most effective means to increase financial awareness and literacy for EU adult citizens;
2020/07/17
Committee: ECON
Amendment 290 #

2020/2036(INI)

Motion for a resolution
Paragraph 22
22. Urges the Member States to include financial literacy programs in school curriculain all curricula from school to university, with evolutive programs adapted to the needs of pupils and students and aimed at developing autonomy in financial matters; suggests the inclusion of this topic in the Programme for International Student Assessment (PISA) study;
2020/07/17
Committee: ECON
Amendment 316 #

2020/2036(INI)

Motion for a resolution
Paragraph 24
24. Highlights that ‘sandboxes’ may be an adequate tool to enhance the innovation and competitiveness of the financial services sector; requests that the Commission create a pan-European ‘sandbox’ for financial servic provided that sufficient safeguards are in place to prevent potential threats to the integrity, transparency, efficiency and orderly functioning of financial markets, and to the stability of the financial system; requests that the Commission draws upon the experience gained from the European Forum for Innovation Facilitators (EFIF) to assess whether a pan-European ‘sandbox’ for financial services would provide additional benefits for financial innovation; asserts that such a pan- European ‘sandbox’ should be established within the direct supervisory remit of the joint ESAs committee, in cooperation with relevant national supervisory authorities;
2020/07/17
Committee: ECON
Amendment 334 #

2020/2036(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Reiterates the need for a more streamlined and codified representation of the EU in multilateral organisations/bodies, following the European Parliament resolution of 12 April 2016 on the EU role in the framework of international financial, monetary and regulatory institutions and bodies; notes that promoting EU values and global competitiveness of the EU’s financial sector when making policy at European and international level is ever more crucial as the multilateral world order further polarises;
2020/07/17
Committee: ECON
Amendment 38 #

2020/2026(INL)

Motion for a resolution
Paragraph 2
2. Emphasises that the current legal framework at Union and national level is insufficient to support a strong pan- European civil society, the existence of which is necessary for democracy; thus, identifies the need to introduce a new legal form, namely that of European Association, including rules on its establishment, transparency and accountability and governance;
2021/10/12
Committee: JURI
Amendment 52 #

2020/2026(INL)

Motion for a resolution
Paragraph 7
7. Stresses that the lack of harmonisationapproximation of practices also leads to an uneven playing field due to the different market conditions and other obstacles that NPOs face in different Member States, for example when opening bank accounts, or hiring staff or accessing public benefit measures and schemes, or benefitting certain financial or tax treatment;
2021/10/12
Committee: JURI
Amendment 53 #

2020/2026(INL)

Motion for a resolution
Paragraph 7
7. Stresses that the lack of harmoniscurrent situation also leads to an uneven playing field due to the different market conditions and other obstacles that NPOs face in different Member States, for example when opening bank accounts, or hiring staff;
2021/10/12
Committee: JURI
Amendment 57 #

2020/2026(INL)

Motion for a resolution
Paragraph 9
9. Asks the Member States to regularly provide disaggregated data and the Commission to create reliable and frequently updated statistical resources, to be included in Eurostat on cross-border activities and contributions, especially with regard to the single market for philanthropy;
2021/10/12
Committee: JURI
Amendment 60 #

2020/2026(INL)

Motion for a resolution
Paragraph 10
10. Regrets that the Commission and the Member States have not brought forward legislation to harmoniseguidance to ensure free flow of capital and freedom of association to strengthen the situation of associations and NPOs throughout the EU nor established a statute for a European association despite several attempts, and numerous calls by civil society;
2021/10/12
Committee: JURI
Amendment 61 #

2020/2026(INL)

Motion for a resolution
Paragraph 10
10. Regrets that the Commission and the Member States have not brought forward legislation to harmonise the situensure free flow of capital and freedom of association ofor associations and NPOs throughout the EU nor established a statute for a European association despite several attempts, and numerous calls by civil society;
2021/10/12
Committee: JURI
Amendment 64 #

2020/2026(INL)

Motion for a resolution
Paragraph 11
11. Considers that, as only certain associations and NPOs are operating in the social economy, the upcoming Social Economy Action Plan, while very much welcomed, needs to be complemented by separate legislative initiatives to cover all associations; the upcoming Social Economy Action Plan, needs to include recommendations on how to overcome barriers of cross-border giving
2021/10/12
Committee: JURI
Amendment 69 #

2020/2026(INL)

Motion for a resolution
Paragraph 12
12. Considers that, due to their particular character, the proposed legal instruments are to refrain fromshall not have an impact on the regulatingon of political parties; furthermore, recalls that the Union respects the status of churches, religious organisations or communities, as well as philosophical or non-confessional organisations under national law; underlines that this does not preclude organisations that only draw from a religious, philosophical or non- confessional inspiration such as faith-based charitable NPOs, from benefitting from the scope of these proposals; points out that trade unions in several Member States are given a special beneficial status and should therefore be given a choice to make use of the provisions under the proposed instruments;
2021/10/12
Committee: JURI
Amendment 79 #

2020/2026(INL)

Motion for a resolution
Paragraph 15
15. Emphasizes that NPOs are instrumental for democracy and policy making at all levels; condemns attempts to depoliticise NPOs, such as by refusing or challenging their status as public benefit organisation where their activities are not meant to benefit one particular partyreiterates that NPOs have the freedom of participating in matters of political or public debate through their objectives or activities;
2021/10/12
Committee: JURI
Amendment 84 #

2020/2026(INL)

Motion for a resolution
Paragraph 16
16. Maintains that regulation will only benefit European civil society if NPOs can make use of adequate and easily accessible funding both at national and at European level; points out that public financing of NPOs, is important since they have less access to income from profit-making activities; points out that the own funds requirement should be limited and non- monetary contributions of NPOs counted as such. as such; Points out however that it is equally important for NPOs to provide relevant information to the public; further reminds that increasing transparency in respect of financing is to be considered an overriding reason in the public interest where civil society organisations have a significant influence on public life and public debate, warranting such financing to be subject to measures intended to ensure its transparency, rather than applying transparency measures indiscriminately, as pointed out by the Court of Justice of the European Union1a. __________________ 1a Judgment of the Court of Justice of 18 June 2020, European Commission v Hungary, C-78/18
2021/10/12
Committee: JURI
Amendment 87 #

2020/2026(INL)

Motion for a resolution
Paragraph 16
16. Maintains that regulation will only benefit European civil society if NPOs can make use of adequate and easily accessible funding both at national and at European level; points out that public financing, as well as private financing, of NPOs, is important since they have less access to income from profit-making activities; points out that the own funds requirement should be limited and non- monetary contributions of NPOs counted as such.
2021/10/12
Committee: JURI
Amendment 96 #

2020/2026(INL)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to recognise and promote the public benefit activities of associations and NPOs by harmonisstreamlining the public benefit status across the EU, also with regard to tax benefits for them and their benefactors, where such benefits exist under national legislation;
2021/10/12
Committee: JURI
Amendment 97 #

2020/2026(INL)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to recognise and promote the public benefit activities of associations and NPOs by harmonisstreamlining the public benefit status across the EU, also with regard to tax benefits for them and their benefactors, where such benefits exist under national legislation;
2021/10/12
Committee: JURI
Amendment 98 #

2020/2026(INL)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on the Commission to adopt a legislative proposal to recognise reciprocally public benefit tax exempt organisations including philanthropic organisations in every Member State if recognised as public benefit tax exempt in one of the Member States for tax purposes should be in trach changes;
2021/10/12
Committee: JURI
Amendment 107 #

2020/2026(INL)

Motion for a resolution
Annex I – Part I – recital 2
(2) European cooperation across borders between citizens and representative associations is essential for creating an overarching European civil society and fostering free and active citizenship, which is an important element of European democracy and European integration in line with Article 11 and Article 15 of the Treaty on European Union.
2021/10/12
Committee: JURI
Amendment 109 #

2020/2026(INL)

Motion for a resolution
Annex I – Part I – 4
(4) Directive .../... of the European Parliament and of the Council (the ‘Minimum Standards Directive’) is aimed at approximating the laws of the Member States to provide minimum standards and protection an enabling environment, which facilitates non-profit organisations in carrying out their work and exchanging best practices.
2021/10/12
Committee: JURI
Amendment 125 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – recital 13
(13) A European Association might wish to distinguish between different categories of members, in order to grant voting rights only to full members, while acknowledging associated members that support the cause, without the right to vote, and/or honorary members exempt from the obligation of paying a membership fee, but with voting rights. The categorisation of members should not lead to unjustified discrimination, in particular on the basis of citizenship or country of registered office.
2021/10/12
Committee: JURI
Amendment 134 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 2 – point 6
6. ‘member’ means a natural or legal person that voluntarily and intentionally applied to join an association to support its objectives and activities, and that was admitted into the association based on that association’s statutes. Where an association is formed as the result of conversion or merger, the willingness of membership can be conclusively assumed.
2021/10/12
Committee: JURI
Amendment 149 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 5 – paragraph 1
1. A European Associations Authority () shall hereby be destablishedignated under the auspices of the European Commission or the Fundamental Rights Agency.
2021/10/12
Committee: JURI
Amendment 151 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 5 – paragraph 2
2. The European Associations Authority shall be destablishignated as a body of the Union and shall have legal personality.
2021/10/12
Committee: JURI
Amendment 154 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 5 – paragraph 4
4. The European Associations Authority shall be composed of the head of the competent supervisory authority of each Member State, or their respective representatives, two members representing European civil society, and two members representing academia and three representatives appointed by the European Commission. Where more than one supervisory authority is responsible in a Member State for supervising the application of this Regulation, a joint representative shall be appointed in accordance with that Member State’s law.
2021/10/12
Committee: JURI
Amendment 159 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 5 – paragraph 7
7. The Commission and the European Parliament shall have the right to participate in the activities and meetings of the European Associations Authority, without voting rights. The Commission shall designate up to two representatives, the Parliament shall designate up to five representativesEuropean Associations Authority shall be accountable to the European Parliament and to the Council.
2021/10/12
Committee: JURI
Amendment 182 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point f
(f) the conditions and procedures for the admission, suspension, expulsion and resignation of members;
2021/10/12
Committee: JURI
Amendment 202 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 10 – paragraph 2
2. Registration shall occur via a standardised registration procedure to be developed and set up by the European Associations Authority. The registration procedure shall be electronic and free of charge and shall allow applicants to use the official language or one of the official languages of the Member State where the European Association has its registered office. The European Associations Authority and national supervisory authorities shall make it possible to register by non-digital means for the citizens who wish to do so.
2021/10/12
Committee: JURI
Amendment 241 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 14 – paragraph 2
2. The Board shall be elected by the General Assembly, in accordance with the statutes. Information on the composition of the Board shall be made available within 6 months from the date of the election to the national supervisory authority, which shall inform the European Associations Authority. Any further changes to the composition shall be reflected within the same provision. Such information shall be made publicly available by the European Association.
2021/10/12
Committee: JURI
Amendment 245 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 14 – paragraph 7
7. The Board shall, once a year, draw up a report on the accounts and activities of the European Association, which it shall transmit to the national supervisory authority and to the European Associations Authority. Such annual report shall also be made publicly available by the European Association.
2021/10/12
Committee: JURI
Amendment 246 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 14 – paragraph 7 a (new)
7a. The Board shall, once a year, draw up a report on the accounts and the funding received by the European Association, which it shall disclose to the national supervisory authority and to the European Associations Authority. Such annual report shall also be made publicly available by the European Association. The annual report shall, insofar as this meets the objective of general interest with regards to the objectives and activities of the European Association, include description of the funding received during the previous calendar year, information on the origin and value of credits, bank loans, donations or uncompensated receipt of cash or property, funding provided by national, regional or local bodies or companies with governmental or municipal capital participation, funding provided by political parties, corporate funding, as well as funding received under the European Structural and Investment funds, from other European instruments or international financial institutions. The reporting and transparency obligations with regard to financing shall not lead to a difference in treatment or any limitations to the rights or obligations of the European Association, based on the sources of the funding, its objectives or activities.
2021/10/12
Committee: JURI
Amendment 249 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 15 – paragraph 8
8. Every member shall have the right to participate in the General Assembly, to speak and to submit motions and to speak.
2021/10/12
Committee: JURI
Amendment 250 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 15 – paragraph 9
9. Members’ right to vote and to submit motions in the General Assembly shall be exercised in accordance with the European Association’s statutes.
2021/10/12
Committee: JURI
Amendment 251 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 15 – paragraph 11
11. Decisions by the General Assembly on ordinary matters shall be taken as a rule by a majority of the votes of the members present or represented. Each member shall have one voThe distribution of votes would be performed in a fair manner, in accordance with the rules set in the European Association’s statutes.
2021/10/12
Committee: JURI
Amendment 253 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 17 – paragraph 5 a (new)
5a. The text of the adopted statutes shall be made available within 6 months from the date of their adoption to the national supervisory authority, which shall inform the European Associations Authority. Any adopted changes to the Statutes shall be reflected within the same provision. Such information shall be made publicly available by the European Association.
2021/10/12
Committee: JURI
Amendment 263 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – point a – subpoint j
(j) education and training, training and youth involvement;
2021/10/12
Committee: JURI
Amendment 272 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 22 – paragraph 2 a (new)
2a. European Associations shall be subject to reporting and public disclosure obligations with regard to the composition of Board of directors, provisions of the statutes and financing, insofar as this meets the objective of general interest, with regards to its objectives and activities. Such reporting and public disclosure obligations shall not lead to any difference of treatment or limitation of the rights and obligations of the European Association regardless of desirability of its purpose or sources of financing.
2021/10/12
Committee: JURI
Amendment 277 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 – subparagraph 2
The information referred to in the first subparagraph shall accompany the annual report on the activities and the annual report on accounts and financing and foreseeable prospects of the European Association’s affairs that the Board shall transmit to the national supervisory authority and the European Associations Authority pursuant to Article 14(7), (7a) of this Regulation.
2021/10/12
Committee: JURI
Amendment 302 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 24 – paragraph 3
3. The European Associations Authority shall review the recommendation communicated pursuant to paragraph 3 within 30 calendar days. Following such review, if it disagrees with the recommendation, the European Association Authority may refer it back to the supervisory authority with reasoned recommendations to reconsider.
2021/10/12
Committee: JURI
Amendment 326 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – recital 3
(3) Non-profit organizations including philanthropic organisations make a key contribution to the achievement of goals that are in the public interest and to achieve the Union’s objectives, including by promoting active participation in the economic and democratic life of our societies.
2021/10/12
Committee: JURI
Amendment 330 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – recital 11
(11) It is necessary at Union level to build on existing standards and guidance to establish minimum standards in line with the Freedom of Association and the free flow of capital, for non-profit organisations, aimed at ensuring a uniform level of protection and a level playing field for all non-profit organisations established in the Union, in order to secure an enabling environment in which these organisations can contribute without hindrances to the functioning of the internal market.
2021/10/12
Committee: JURI
Amendment 331 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – recital 11
(11) It is necessary at Union level to build on existing standards and guidance to establish minimum standards in line with the freedom of association and the free flow of capital, for non-profit organisations, aimed at ensuring a uniform level of protection and a level playing field for all non-profit organisations established in the Union, in order to secure an enabling environment in which these organisations can contribute without hindrances to the functioning of the internal market.
2021/10/12
Committee: JURI
Amendment 334 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – recital 12
(12) This Directive approximates the laws of the Member States as regards certain aspects of the formation, registration, operations, financing, reporting and cross-border activities of non-profit organisations.
2021/10/12
Committee: JURI
Amendment 341 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – recital 27
(27) Non-profit organisations should have the freedom to seek, receive and use financial, material and human resources, whether domestic, foreign or international, for the pursuit of their activities. Non-profit organisations across the Union have reported increasingly difficult access to resources including public funding and there are concerns in an increasing number of Member States as regards the proportionality of strict rules being adopted on non-profit organisations’ access to foreign funding. Philanthropic organizations have further reported difficulties in providing donations or grants in some cases. It is therefore necessary to establish principles and standards on non- profit organisations’ financing, including as regards access to and use of private resources and public funding, the pursuit of economic activities and the obligation not to unduly restrict cross-border financing in line with Treaty rules on free movement of capital, so that national legislation and EU policy facilitates cross-border philanthropy in line with EU fundamental rights and free flow of capital.
2021/10/12
Committee: JURI
Amendment 342 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – recital 27
(27) Non-profit organisations should have the freedom to seek, receive and use financial, material and human resources, whether domestic, foreign or international, for the pursuit of their activities. Non-profit organisations across the Union have reported increasingly difficult access to resources including public funding and there are concerns in an increasing number of Member States as regards the proportionality of strict rules being adopted on non-profit organisations’ access to foreign funding. Philanthropic organisations have reported about difficulties to donate and grant to other NPOs in some cases. It is therefore necessary to establish principles and standards on non- profit organisations’ financing, including as regards access to and use of private resources and public funding, the pursuit of economic activities and the obligation not to unduly restrict cross-border financing in line with Treaty rules on free movement of capital. National laws and EU policy should facilitate cross-border philanthropy in line with EU fundamental rights and free flow of capital.
2021/10/12
Committee: JURI
Amendment 345 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – recital 28
(28) According to the judgment of the Court of Justice of 18 June 2020 in case C- 78/18, European Commission v Hungary11 , Article 63 of the Treaty on the Functioning of the European Union (TFEU) and Articles 7, 8 and 12 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) protect non-profit organisations against discriminatory, unnecessary and unjustified restrictions to access to resources and the free movement of capital within the Union . This also concerns the ability to seek, secure and use resources of both domestic and foreign origin, which is essential to the existence and operation of any legal entity. Cross- border philanthropy must not be restricted by so called foreign funding restrictions or discriminatory national tax laws Restrictions can be imposed for legitimate aims, such as in the interests of national security, public safety or public order, but should be proportionate to the objective of protecting such interests, and the least intrusive means of achieving the desired objective. This concerns, among others, restrictions deriving from rules on combating money laundering and terrorist financing, which are applied in accordance with the principles of necessity and proportionality, having regard in particular to risk-assessment obligations under international and Union law. Therefore, Member States should not apply unreasonable, overly intrusive or disruptive measures, including reporting requirements placing an excessive or costly burden on organisations. The European Court of Justice (ECJ) recognised the application of the free movement of capital to philanthropic funds and continues to interpret the fundamental freedoms guaranteed under the European treaties along with ensuring that the principle of non-discrimination applies to donors and public benefit organisations in the EU. A series of ECJ cases examined the tax treatment of public benefit entities and their donors, including: Stauffer: C- 386/04 Centro di Musicologia Walter Stauffer/Finanzamt München für Körperschaften [2006] ECR I-8203; Hein-Persche: C-318/07 Hein Persche/Finanzamt Lüdenscheid [2009] ECR I-359 and Missionswerk: C- 25/10Missionswerk Werner Heukelbach eV/Belgien [2011] 2 C.M.L.R. 35. But national laws continue to discriminate or imply costly and burdensome procedures which de facto keep national systems in conflict with EU law. The impact of the ECJ cases on national level regulation and practices was analysed in the 2014EFC/TGE commissioned report on taxation of cross-border philanthropy in Europe:http://efc.issuelab.org/resource/ta xation-of-cross-border-philanthropy-in- europe-after-persche-and-stauffer-from- landlock-to-free-movement.html __________________ 11 Judgment of the Court of Justice of 18 June 2020, European Commission v Hungary, C-78/18, ECLI:EU:C:2020:476.
2021/10/12
Committee: JURI
Amendment 346 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – recital 28
(28) According to the judgment of the Court of Justice of 18 June 2020 in case C- 78/18, European Commission v Hungary11 , Article 63 of the Treaty on the Functioning of the European Union (TFEU) and Articles 7, 8 and 12 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) protect non-profit organisations against discriminatory, unnecessary and unjustified restrictions to access to resources and the free movement of capital within the Union . This also concerns the ability to seek, secure and use resources of both domestic and foreign origin, which is essential to the existence and operation of any legal entity. Restrictions can be imposed for legitimate aims, such as in the interests of national security, public safety or public order, but should be proportionate to the objective of protecting such interests, and the least intrusive means of achieving the desired objective. This concerns, among others, restrictions deriving from rules on combating money laundering and terrorist financing, which are applied in accordance with the principles of necessity and proportionality, having regard in particular to risk-assessment obligations under international and Union law. Therefore, Member States should not apply unreasonable, overly intrusive or disruptive measures, includingplacing an excessive or costly burden on organisations. With a view of resporting requirements placing an excessive or costly burden onnding to the public interest in providing transparency, particularly with regard to organisations that have an influence on public life and public debate, they shall be subject to reporting and public disclosure obligations with regard to their governance representatives, provisions of the statutes and financing. Such reporting and public disclosure obligations shall not lead to any limitation of the rights and obligations of the organisations. __________________ 11 Judgment of the Court of Justice of 18 June 2020, European Commission v Hungary, C-78/18, ECLI:EU:C:2020:476.
2021/10/12
Committee: JURI
Amendment 347 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – recital 28 a (new)
(28a) The practice of the European Court of Justice(ECJ) recognises the application of the free movement of capital to philanthropic funds and continues to interpret the fundamental freedoms guaranteed under the European Treaties along with ensuring that the principle of non-discrimination applies to donors and public benefit organisations in the EU, while examining tax treatment of public benefit entities and their donors2a. National legislation however continues to discriminate or imply costly and burdensome procedures to non-national organization, amounting to a conflict between national systems and EU law. __________________ 2a Stauffer:C-386/04 Centro di Musicologia Walter Stauffer/Finanzamt München fürKörperschaften [2006] ECR I-8203; Hein-Persche: C-318/07 Hein Persche/FinanzamtLüdenscheid [2009] ECR I-359 and Missionswerk: C-25/10 Missionswerk WernerHeukelbach eV/Belgien [2011] 2 C.M.L.R. 35.
2021/10/12
Committee: JURI
Amendment 351 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 1
This Directive is aimed at providing a common set of measures for non-profit organisations established in the Union in order to secure an enabling environment in which it is possible for these organisations to contribute to the functioning of the internal market. It approximates the laws of the Member States as regards certain aspects of the objectives and activities, registration, operations, financing, reporting and cross-border activities of non-profit organisations.
2021/10/12
Committee: JURI
Amendment 352 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 2 – paragraph 1
1. This Directive shall apply, to non- profit organisations, including philanthropic organisations, established in the Union.
2021/10/12
Committee: JURI
Amendment 364 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 5 – paragraph 1
1. Member States shall ensure that no discrimination based on nationality derives from national laws, regulations or administrative practices regulating non- profit organisations, including their formation, registration, operations, financing, financial and tax treatment or tax relief measures and cross-border activities.
2021/10/12
Committee: JURI
Amendment 367 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 5 – paragraph 2 a (new)
2a. Member States shall in the context of the non-discrimination principle in their jurisdiction allow tac relief measures in cross-border contexts.
2021/10/12
Committee: JURI
Amendment 368 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 6 – paragraph 1
1. Member States shall ensure the simplification, to the extent possible, of national laws, regulations or administrative practices regulating the formation, registration, operations, financing and cross-border activities of non-profit organisations, in order to eliminate any obstacles which affect the ability of legal or natural persons or groups of such persons, regardless of their nationality, to establish, register or operate in its territory a non-profit organisation, as for example to enable access to banking and financial services, as well as guarantee sage and secure channels for cross-border philanthropic donations and foundations asset allocations within but also outside the EU.
2021/10/12
Committee: JURI
Amendment 370 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 6 – paragraph 1
1. Member States shall ensure the simplification, to the extent possible, of national laws, regulations or administrative practices regulating the formation, registration, operations, financing, reporting obligations and cross-border activities of non-profit organisations, in order to eliminate any obstacles which affect the ability of legal or natural persons or groups of such persons, regardless of their nationality, to establish, register or operate in its territory a non-profit organisation.
2021/10/12
Committee: JURI
Amendment 371 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 7 – paragraph 1
1. Member States shall take the measures necessary to ensure that the application of national laws, regulations or administrative practices regulating the formation, registration, operations, financing, reporting obligations and cross- border activities of non-profit organisations established, registered or operating in its territory is undertaken by a designated regulatory authority whose powers and functions shall be clearly defined by law and exercised in accordance with the principle of good administration, including as regards the right to have one’s affairs handled impartially, fairly and within a reasonable time.
2021/10/12
Committee: JURI
Amendment 372 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 7 – paragraph 2
2. Member States shall take the measures necessary to ensure that non- profit organisations found to be in violation of national laws, regulations or administrative practices regulating the formation, registration, operations, financing and cross-border activities of non-profit organisations be provided with adequate notice about the alleged violation and be given ample opportunity to correct infractions of an administrative nature.
2021/10/12
Committee: JURI
Amendment 373 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 7 – paragraph 4
4. Member States shall take the measures necessary to ensure that oversight and supervision of non-profit organisations is undertaken by designated supervisory authorities whose powers and functions shall be clearly defined by law and exercised with independence (free of political interference) in accordance with the right principle to good administration, including as regards the grounds for possible inspections and audits, the procedures, duration and scope of inspections and audits and the powers of inspecting and auditing officers.
2021/10/12
Committee: JURI
Amendment 374 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 7 – paragraph 4
4. Member States shall take the measures necessary to ensure that oversight and supervision of non-profit organisations is undertaken by designated supervisory authorities whose powers and functions shall be clearly defined by law and exercised with independence, free of political interference and in accordance with the right principle to good administration, including as regards the grounds for possible inspections and audits, the procedures, duration and scope of inspections and audits and the powers of inspecting and auditing officers.
2021/10/12
Committee: JURI
Amendment 377 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 7 – paragraph 5
5. Member States shall take the measures necessary to ensure that comprehensive and easily understandable information is available to the public as to the national laws, regulations or administrative practices regulating the formation, registration, operations, financing, reporting obligations and cross- border activities of non-profit organisations established, registered or operating in its territory, as well as the competence, procedures and functioning of the competent regulatory and supervisory authorities. This shall include making available such information in a language the natural or legal person concerned understands or is reasonably supposed to understand.
2021/10/12
Committee: JURI
Amendment 379 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 8 – paragraph 1
1. Member States shall ensure that non-profit organisations, their founders, directors, staff, members and all persons seeking to exercise rights related to the formation, registration, operations, financing, reporting obligations and cross- border activities of non-profit organisations established, registered or operating in its territory have access to effective complaint mechanisms before a competent independent authority such as an ombudsperson or the national human rights institution in order to seek assistance to assert their rights.
2021/10/12
Committee: JURI
Amendment 389 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 11 – paragraph 3
3. Notwithstanding paragraph 2, non- profit organisations mayshall be required to disclose and make public, inby their statutes or by other meansmeans of annual reporting, further information on their operations, functioning or financing, insofar as this is necessary to genuinely meet an objective of general interest, subject to the principle of proportionality in particular, governance representatives and financing, insofar as this meets the objective of general interest, with regards to the objectives and activities of the organisation. Disclosing the members lists of membership-based non-profit organizations shall not be required by state authorities, unless required for the purpose of a criminal investigation concerning criminal offences punishable by a custodial sentence of a maximum of at least one year.
2021/10/12
Committee: JURI
Amendment 406 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 18
Member States shall ensure that national rules governing non-profit organisations established, registered or operating on their territory do not result in an unjustified discrimination based solely on political desirability of organisation’s purpose, field of activities or sources of financing. Member States shall ensure that national rules governing non-profit organisations established, registered or operating on their territory do not result in an unjustified discrimination based solely on political desirability of organisation´s purpose, field of activities or sources of financing.
2021/10/12
Committee: JURI
Amendment 411 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 21 – paragraph 1
1. Member States shall remove any obstacles that affect the ability of non- profit organisations established, registered or operating in their territory to solicit, receive, dispose of or donate any resources, including financial, in-kind and material, or solicit or receive human resources, from or to any source including domestic, foreign or international entities, be it public bodies, private individuals or private bodies, that asset allocation across borders is not accompanied by additional bureaucratic burdens and that generating profit for reinvestment in charitable projects is enabled.
2021/10/12
Committee: JURI
Amendment 413 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 21 – paragraph 3 a (new)
3a. Member States shall ensure that asset allocation across borders is less bureaucratic and deductible as well as enable generating of profits for reinvestment in charitable projects.
2021/10/12
Committee: JURI
Amendment 414 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 23 – paragraph 1
1. In accordance with Union rules on the free movement of capital, Member States shall ensure that non-profit organisations established, registered or operating in their territory suffer no disadvantage as a direct or indirect consequence of soliciting or receiving funding from European natural or legal persons outside their territory.
2021/10/12
Committee: JURI
Amendment 416 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 24 – paragraph 2 a (new)
2a. Pursuant to art. 11 (3) a yearly report on the accounts of the non-profit organisations shall be made public, including information on the funding received during the previous calendar year, information on the origin and value of funding, credits, bank loans and donations or uncompensated receipt of cash or property.
2021/10/12
Committee: JURI
Amendment 417 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 25 – paragraph 3
3. Member States shall ensure that reporting and transparency obligations applicable to non-profit organisations pursuant to national laws, regulations and administrative practices do not lead to a difference in treatment or any limitations to the rights or obligations of the organisation, based on the sources of the organisation’s funding, its objectives or activities.
2021/10/12
Committee: JURI
Amendment 419 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 28 – paragraph 1
1. Member States shall ensure that national laws, regulations or administrative practices do not have the effect of requiring non-profit organisations established, registered or operating in their territory to publicly disclose their confidential and sensitive information. This may include personal data relating to the organisation’s staff, volunteers, members, founders or other private parties relating to it, including members of its governing structures or donors.
2021/10/12
Committee: JURI
Amendment 102 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, web browsers, operating systems, online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services should be included irrespective of the technology used to provide such services. For that reason, virtual or voice activated assistants and other connected devices should fall within the scope of this Regulation whether their software is considered an operating system, an online intermediation service or a search engine. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non- exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
2021/09/13
Committee: ITRE
Amendment 117 #

2020/0374(COD)

Proposal for a regulation
Recital 20
(20) A very high number of business users that depend on a core platform service to reach a very high number of monthly active end users allow the provider of that service to influence the operations of a substantial part of business users to its advantage and indicate in principle that the provider serves as an important gateway. The respective relevant levels for those numbers should be set representing a substantive percentage of the entire population of the Union when it comes to end users and of the entire population of businesses using platforms to determine the threshold for business users. Active end users as well as business users should be defined in a way that adequately represents the role and reach of the specific core platform service in question. In order to provide legal certainty for gatekeepers, elements of such definitions per core platform service should be set out in an annex to this Regulation, which should be subject to possible amendment by the Commission by means of delegated act to be able to keep it up to date in the light of technical or other developments.
2021/09/13
Committee: ITRE
Amendment 127 #

2020/0374(COD)

Proposal for a regulation
Recital 25
(25) Such an assessment can only be done in light of a market investigation, while taking into account the quantitative thresholds. In its assessment the Commission should pursue the objectives of preserving and fostering the level of innovation, the quality of digital products and services, the degree to which prices are fair and competitive, and the degree to which quality or choice for business users and for end users is or remains high. Elements that are specific to the providers of core platform services concerned, such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration, can be taken into account. The potential negative and positive impacts of these elements for business users, especially for small and medium-sized enterprises, and consumers should be taken into consideration. In addition, a very high market capitalisation, a very high ratio of equity value over profit or a very high turnover derived from end users of a single core platform service can point to the tipping of the market or leveraging potential of such providers. Together with market capitalisation, high growth rates, or decelerating growth rates read together with profitability growth, are examples of dynamic parameters that are particularly relevant to identifying such providers of core platform services that are foreseen to become entrenched. The Commission should be able to take a decision by drawing adverse inferences from facts available where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
2021/09/13
Committee: ITRE
Amendment 142 #

2020/0374(COD)

Proposal for a regulation
Recital 33
(33) The obligations laid down in this Regulation are limited to what is necessary and justified to address the unfairness of the identified practices by gatekeepers and to ensure contestability in relation to core platform services provided by gatekeepers. Therefore, the obligations should correspond to those practices that are considered unfair by taking into account the features of the digital sector and where experience gained, for example in the enforcement of the EU competition rules, shows that they have a particularly negative direct impact on the business users and end users. In addition, it is necessary to provide for the possibility of a regulatory dialogue with gatekeepers to tailor those obligations that are likely to require specific implementing measures in order to ensure their effectiveness and proportionality. The obligations should only be updated after a thorough investigation on the nature and impact of specific practices that may be newly identified, following an in-depth investigation, as unfair or limiting contestability in the same manner as the unfair practices laid down in this Regulation while potentially escaping the scope of the current set of obligations. In order to enhance the effectiveness of the updating process, the Commission should also use the reporting mechanism involving competitors, business users, end users and Member States to inform the Commission in the event of any of the identified practices.
2021/09/13
Committee: ITRE
Amendment 143 #

2020/0374(COD)

Proposal for a regulation
Recital 33
(33) The obligations laid down in this Regulation are limited to what is necessary and justified to address the unfairness of the identified practices by gatekeepers and to ensure contestability in relation to core platform services provided by gatekeepers. Therefore, the obligations should correspond to those practices that are considered unfair by taking into account the features of the digital sector and where experience gained, for example in the enforcement of the EU competition rules, shows that they have a particularly negative direct impact on the business users and end users. The obligations laid down in the Regulation should specifically take into account the nature of the core platform services provided and the presence of different business models. In addition, it is necessary to provide for the possibility of a regulatory dialogue with gatekeepers to tailor those obligations that are likely to require specific implementing measures in order to ensure their effectiveness and proportionality. The obligations should only be updated after a thorough investigation on the nature and impact of specific practices that may be newly identified, following an in-depth investigation, as unfair or limiting contestability in the same manner as the unfair practices laid down in this Regulation while potentially escaping the scope of the current set of obligations.
2021/09/13
Committee: ITRE
Amendment 147 #

2020/0374(COD)

Proposal for a regulation
Recital 35
(35) The obligations laid down in this Regulation are necessary to address identified public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices.
2021/09/13
Committee: ITRE
Amendment 152 #

2020/0374(COD)

Proposal for a regulation
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services, their own interface or direct channel. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services, limiting inter-platform contestability, which in turn limits choice of alternative distributive channels including alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or, de-listing or less favourable ranking of the offers of business users.
2021/09/13
Committee: ITRE
Amendment 156 #

2020/0374(COD)

Proposal for a regulation
Recital 38
(38) To prevent further reinforcing their dependence on the core platform services of gatekeepers, the business users of these gatekeepers should be free in promoting and choosing the distribution channel they consider most appropriate to interact with any end users that these business users have already acquired through core platform services provided by the gatekeeper. Conversely, end users should also be free to choose offers of such business users and to enter into contracts with them either through core platform services of the gatekeeper, if applicable, or from a direct distribution channel of the business user or another indirect distribution channel such a business user may use. This should apply to the promotion of offers, any communications and conclusion of contracts between business users and end users. Moreover, the ability of end users to freely acquire content, subscriptions, features or other items outside the core platform services of the gatekeeper should not be undermined or restricted. In particular, it should be avoided that gatekeepers restrict end users from access to and use of such services via a software application running on their core platform service. For example, subscribers to online content purchased outside a software application download or purchased from a software application store should not be prevented from accessing such online content on a software application on the gatekeeper’s core platform service simply because it was purchased outside such software application or software application store.
2021/09/13
Committee: ITRE
Amendment 160 #

2020/0374(COD)

Proposal for a regulation
Recital 39 a (new)
(39 a) The national competition authorities should gather complaints from third parties on unfair behaviours by gatekeepers that fall within the scope of this Regulation and report relevant cases to the Commission. Based on clearly defined conditions and investigation priorities, the Commission should then examine the complaints and act accordingly by, for example, opening a formal market investigation.
2021/09/13
Committee: ITRE
Amendment 161 #

2020/0374(COD)

Proposal for a regulation
Recital 40
(40) Identification and payment services are crucial for the economic development of business users to conduct their business, as these can allow them not only to optimise services, to the extent allowed under Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Parliament and of the Council33 , but also to inject trust in online transactions, in compliance with Union or national law. Gatekeepers should therefore not use their position as provider of core platform services to require their dependent business users to include any payment and identification services provided by the gatekeeper itself as part of the provision of services or products by these business users to their end users, where other identification services are available to such business users. _________________ 33Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
2021/09/13
Committee: ITRE
Amendment 174 #

2020/0374(COD)

Proposal for a regulation
Recital 46
(46) A gatekeeper may use different means to favour its own services or products on its core platform service, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un- installing any pre-installed software applications on its core platform service and thereby favour their own software applications. The gatekeeper can restrict such un-installation when such applications are essential to the functioning of the operating system or the device.
2021/09/13
Committee: ITRE
Amendment 176 #

2020/0374(COD)

Proposal for a regulation
Recital 46 a (new)
(46 a) Securing default positions across the main search access points of an operating system, such as the pre-installed browser, the home screen search bar, or the voice assistant, can entrench the dominant position of an established core platform service and prevent contestability of digital markets. Even where users can change the default manually, they rarely do so, due to behavioural bias. In order to ensure contestability, end users should be able to select their preferred core platform service default through a preference menu when they set up their device. End users should be able to access that preference menu the device is set up. A gatekeeper should not be able to offer compensation or benefits to hardware manufacturers or network operators, or otherwise require them to offer its core platform service pre-installed or set as a default as these practices do not allow third-party business users to bid for pre- installation or for a default position.
2021/09/13
Committee: ITRE
Amendment 183 #

2020/0374(COD)

Proposal for a regulation
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position or differentiated treatment to their own offering, in terms of ranking, as opposed to the products of third parties also operating on that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which are considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
2021/09/13
Committee: ITRE
Amendment 184 #

2020/0374(COD)

Proposal for a regulation
Recital 48 a (new)
(48 a) Gatekeepers can offer software applications or services which could be used on, or in conjunction with, a core service platform, such as operating systems or cloud computing services, offered by the same gatekeeper. If, in such circumstances, the gatekeeper prevents end users being able to use their software applications or services on, or in conjunction with, products or services of alternative providers under equal conditions as with the products or services of the gatekeeper, this could significantly undermine choice for end users and innovation by alternative providers. It should therefore be ensured that gatekeepers do not restrict to their advantage and to the detriment of alternative providers, end users and business users in choosing the products or services of alternative providers which they use in conjunction with the core platform service offered by the gatekeeper.
2021/09/13
Committee: ITRE
Amendment 192 #

2020/0374(COD)

Proposal for a regulation
Recital 52
(52) Gatekeepers may also have a dual role as developers of operating systems and device manufacturers, including any technical functionality that such a device may have. For example, a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device, such as near-field-communication technology and the software used to operate that technology, which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. Such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. If such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. The gatekeepers should therefore be obliged to ensure access free of charge under equal conditions to, and interoperability with, the same operating system, hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. The gatekeeper should not be prevented from taking indispensable measures to ensure that third party ancillary services do not compromise the integrity of the operating system, hardware or software features it provides. The gatekeeper should however be obliged to duly justify suchindispensable measures and provide, free of charge, an alternative access and interoperability solution to enable effective provision of ancillary services.
2021/09/13
Committee: ITRE
Amendment 209 #

2020/0374(COD)

(58) This Regulation should aim to ensure contestability and fairness of the digital economy, with a view to promoting innovation, high quality of digital products and services, fair and competitive prices, as well as a high quality and choice for end users in the digital sector. To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary and proportionate to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, toIn view of that, further specification should be possible where specific modalities of the implementation of an obligation set out in Article 6 can be affected by differences in business models where the provision concerned applies to a broad range of core platform services. To this end, the gatekeeper should be granted the opportunity to engage in a regulatory dialogue whereby the Commission may further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with the objectives of those obligations that are susceptible of being further specified. This regulatory dialogue should be limited to the questions around ensuring effective compliance with the obligation in line with the protection of safety, security and privacy. During such regulatory dialogue, the Commission should be able to consult with interested third parties in relation to the measures that the gatekeeper is expected to implement. The Commission will nevertheless retain discretion in deciding when further specification should be provided. This would ensure that the regulatory dialogue is not used to circumvent the present regulation. Furthermore, the regulatory dialogue is without prejudice to the powers of the Commission to adopt a decision pursuant to Articles 25, 26 or 27. Such decisions would be normally adopted when the gatekeeper acts in bad faith during the regulatory dialogue or in case of blatant non-compliance with an obligation. The possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
2021/09/13
Committee: ITRE
Amendment 223 #

2020/0374(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; whether systematic non- compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and additional practices that are similarly unfair and limiting the contestability of digital markets should be identified; and whether the prior designation of gatekeepers or introduction of obligations has had a significant impact on business users, especially on small and medium-sized enterprises, or consumers. Such assessment should be based on market investigations to be run in an appropriate timeframe, by using clear procedures and deadlines, in order to support the ex ante effect of this Regulation on contestability and fairness in the digital sector, and to provide the requisite degree of legal certainty.
2021/09/13
Committee: ITRE
Amendment 231 #

2020/0374(COD)

Proposal for a regulation
Recital 65 a (new)
(65 a) Interim measures can be an important tool to ensure that, while an investigation is ongoing, the infringement being investigated does not lead to serious and immediate damage for business users or end users of gatekeepers. In case of urgency, where a risk of serious and immediate damage for business users or end-users of gatekeepers could result from new practices that may undermine contestability of core platform services, the Commission should be empowered to impose interim measures by temporarily imposing obligations to the gatekeeper concerned. These interim measures should be limited to what is necessary and justified. They should apply pending the conclusion of the market investigation and the corresponding final decision of the Commission pursuant to Article 17.
2021/09/13
Committee: ITRE
Amendment 234 #

2020/0374(COD)

Proposal for a regulation
Recital 67 a (new)
(67 a) The Commission should, where appropriate, be entitled to require the commitments to be tested, for example, by using split-run tests and other randomised experiments, in order to optimise their effectiveness. The commitments should be reviewed after they have been in place for an appropriate period. Where the review of the commitments by the Commission shows that they have not led to effective compliance, the Commission should be entitled to require amendment or revocation thereof.
2021/09/13
Committee: ITRE
Amendment 243 #

2020/0374(COD)

Proposal for a regulation
Recital 72
(72) The Commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this Regulation. Such actions should include the ability of the Commission to appoint independent external experts, such as and auditors to assist the Commission in this process, including where applicable from competent independent authorities, such as data or consumer protection authorities.
2021/09/13
Committee: ITRE
Amendment 247 #

2020/0374(COD)

Proposal for a regulation
Recital 75
(75) In the context of proceedings carried out under this Regulation, the undertakings concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. While ensuring the rights to good administration and the rights of defence of the undertakings concerned, in particular, the right of access to the file and the right to be heard, it is essential that confidential informationand sensitive commercial information, which could affect the privacy of trade secrets, be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met.
2021/09/13
Committee: ITRE
Amendment 253 #

2020/0374(COD)

Proposal for a regulation
Recital 78
(78) The Commission should periodically evaluate this Regulation and closely monitor its effects on the contestability and fairness of commercial relationships in the online platform economy, in particular with a view to determining the need for amendments in light of relevant technological or commercial developments. This evaluation should include the regular review of the list of core platform services and the obligations addressed to gatekeepers as well as enforcement of these, in view of ensuring that digital markets across the Union are contestable and fair. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of Member States and relevant stakeholders. The Commission may in this regard also consider the opinions and reports presented to it by the Observatory on the Online Platform Economy that was first established by Commission Decision C(2018)2393 of 26 April 2018, by Eurostat, and by the national statistics offices of the countries where the service providers operate. Following the evaluation, the Commission should take appropriate measures. The Commission should to maintain a high level of protection and respect for the common EU rights and values, particularly equality and non-discrimination, as an objective when conducting the assessments and reviews of the practices and obligations provided in this Regulation.
2021/09/13
Committee: ITRE
Amendment 255 #

2020/0374(COD)

Proposal for a regulation
Recital 79 a (new)
(79 a) The Commission shall apply the provisions of this Regulation in close cooperation with the competent national competition authorities, acting within the framework of the European Competition Network, to ensure effective enforceability as well as coherent implementation of this Regulation and to facilitate the cooperation with national authorities.
2021/09/13
Committee: ITRE
Amendment 257 #

2020/0374(COD)

Proposal for a regulation
Recital 79 b (new)
(79 b) Without prejudice to the budgetary procedure and through existing financial instruments, adequate human, financial and technical resources should be allocated to the Commission to ensure that it can effectively perform its duties and exercise its powers as necessary for the enforcement of this Regulation.
2021/09/13
Committee: ITRE
Amendment 267 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 3 a (new)
3 a. This Regulation shall not apply to the data that is used to maintain or improve security of online transactions and prevent fraud.
2021/09/13
Committee: ITRE
Amendment 269 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 5
5. In order to ensure the frictionless and coherent application of this Regulation throughout the internal market and to guarantee a fully harmonized approach, the European Commission shall be the sole enforcer and decision maker on the correct application of the rules and obligations set out in this Regulation. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
2021/09/13
Committee: ITRE
Amendment 273 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 5 a (new)
5 a. In addition to Article 32a, national competition authorities shall notify the Commission at least four weeks before the opening of any formal proceedings against any provider of core platform services if there is any possible overlap with the scope of this Regulation, in order to ensure close coordination and cooperation at Union and national level.
2021/09/13
Committee: ITRE
Amendment 283 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c a (new)
(c a) web browsers;
2021/09/13
Committee: ITRE
Amendment 284 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c b (new)
(c b) virtual assistants;
2021/09/13
Committee: ITRE
Amendment 286 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
(g) cloud computing services, including enterprise software, applications, and solution services;
2021/09/13
Committee: ITRE
Amendment 295 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) web browsers;
2021/09/13
Committee: ITRE
Amendment 297 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
(h b) virtual assistants;
2021/09/13
Committee: ITRE
Amendment 304 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘Web browser’ means a client software program that runs against a Web server or other Internet server and enables a user to navigate the World Wide Web to access and display data, including standalone web browsers as well as web browsers integrated or embedded in software or similar;
2021/09/13
Committee: ITRE
Amendment 305 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘Online search engine’ means a digital service as defined in point 5 of Article 2 of Regulation (EU) 2019/1150, thus excluding the search functions on other online intermediation services;
2021/09/13
Committee: ITRE
Amendment 308 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘Virtual assistant’ means software that responds to oral or written commands expressed in natural language by end users and performs tasks or services independently or through IT systems if needed and on behalf of the end user;
2021/09/13
Committee: ITRE
Amendment 327 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services including software application stores and virtual assistants, or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services including software application stores and virtual assistants, or of online social networking services or by providers of online search engines, respectively, whatever the technological means used for such presentation, organisation or communication;
2021/09/13
Committee: ITRE
Amendment 340 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) it operates a core platform service which serves as an important gateway for business users to reach end users or is able to lock the access to its own essential services; and
2021/09/13
Committee: ITRE
Amendment 362 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 working days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider exceptionally does not satisfy the requirements of paragraph 1 although it meets all the thresholds in paragraph 2.
2021/09/13
Committee: ITRE
Amendment 370 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1 a (new)
When a provider of a core platform service fails to provide within the deadline the relevant information required to assess its designation as gatekeeper pursuant to Article 3(2), the Commission shall be entitled to designate that provider as a gatekeeper based on the facts available.
2021/09/13
Committee: ITRE
Amendment 381 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e a (new)
(e a) the degree of multi-homing among business users and active end users
2021/09/13
Committee: ITRE
Amendment 385 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point f
(f) other relevant business or service characteristics, such as a corporate structure or vertical integration of the undertaking providing core platform services, for instance allowing cross subsidisation or combination of data from different sources or other structural market characteristics.
2021/09/13
Committee: ITRE
Amendment 397 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 7 a (new)
7 a. When designating a gatekeeper, the Commission shall specify, under Article 7, which obligations are to be implemented by the gatekeeper, taking into account the business models of the gatekeeper concerned.
2021/09/13
Committee: ITRE
Amendment 399 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shallCommission shall publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in Articles 5 and 6 within six months after a core platform service has been included in the list pursuant to paragraph 7 of this Articleon an ongoing basis and send the lists, and each update thereof, to the European Parliament.
2021/09/13
Committee: ITRE
Amendment 403 #

2020/0374(COD)

Proposal for a regulation
Article 4 – paragraph 2 – introductory part
2. The Commission shall regularly, and at least every 2 years, review whether the designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), or whether new providers of core platform services satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted and if any business users, especially small and medium-sized enterprises or consumers, have been negatively impacted by the designation of a core platform service as a gatekeeper.
2021/09/13
Committee: ITRE
Amendment 420 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users by any other means, including through third party online intermediation services and through the business users’ own direct online sales channel sat prices or conditions that are different from those offered through the online intermediation services of the gate keeper;
2021/09/13
Committee: ITRE
Amendment 427 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
(b a) refrain from requiring business users to inform the gatekeeper of differentiated prices or conditions they choose to apply to their own channel of distribution or through third party online intermediation services;
2021/09/13
Committee: ITRE
Amendment 428 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to end users acquired via the core platform serviceor to otherwise communicate with end users within or outside the core platform service, or through other channels, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper, unless the gatekeeper can demonstrate that such access bypasses the security measures of the gatekeeper's core platform service;
2021/09/13
Committee: ITRE
Amendment 442 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification service and a payment service, or a technical service supporting the provision of payment services of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/09/13
Committee: ITRE
Amendment 452 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide each advertisers and publishers to which it supplies advertising services, upon their request, withservices with free of charge, high-quality, and effective access to information concerning the price paid by the advertiser and publisheror advertising intermediary, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
2021/09/13
Committee: ITRE
Amendment 456 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) refrain from restricting or obstructing the ability of end users to use their own software license when using the cloud computing service of the gatekeeper.
2021/09/13
Committee: ITRE
Amendment 489 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications on its core platform service and refrain from exclusively enabling its own core platform services as default services when equivalent alternative services which perform the same function can be proposed, without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
2021/09/13
Committee: ITRE
Amendment 495 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) allow and technically enable the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper, provided that such proportionate measures are duly justified;
2021/09/13
Committee: ITRE
Amendment 499 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) refrain from treating differently or more favourably in ranking, display, installation, activation, or default settings, services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking, display,installation, activation and default settings;
2021/09/13
Committee: ITRE
Amendment 502 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system or the cloud computing services of the gatekeeper, including as regards the choice of Internet access service provider for end users, or using its virtual assistant;
2021/09/13
Committee: ITRE
Amendment 507 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of anyor other features, including near-field- communication antennas or technology related to those antennas, that are available or used in the provision of any ancillary services or industry-standard features of its core platform services; in such cases, access and interoperability conditions shall be fair, reasonable and non-discriminatory. The gatekeeper shall not be prevented from taking in dispensable measures to ensure that third party ancillary services do not endanger or compromise the integrity of the operating system, hardware or software features provided by the gatekeeper, provided that such indispensable measures are duly justified by the gatekeeper, while providing free of charge alternative access and interoperability to enable effective provision of ancillary services;
2021/09/13
Committee: ITRE
Amendment 518 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, or third parties authorised by advertisers and publishers, upon their request and free of charge, with effective and real time access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory, including aggregated data and performance data in a manner that would allow advertisers and publishers to run their own verification and measurement tools to assess performance of the core services provided by the gatekeepers;
2021/09/13
Committee: ITRE
Amendment 525 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools forfree of charge and technically accessible tools for business users, or third parties authorised by a business user, and end users to facilitate the exercise of data portability, in line with Regulation (EU) 2016/679, including by the provision of continuous and real-time access ;
2021/09/13
Committee: ITRE
Amendment 532 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated data, including personal data, that is provided for or generated in the context of the use of the relevant core platform services or of ancillary services offered by the gatekeeper by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where that data is directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
2021/09/13
Committee: ITRE
Amendment 537 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access and treatment for business users to its software application store core platform services including software application store, cloud computing services, online search engines and online social networking services designated pursuant to Article 3 of this Regulation.
2021/09/13
Committee: ITRE
Amendment 540 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) provide its end users with clear, fair and non-discriminatory licensing conditions, including charges and fees, preventing material changes that limit the use of software applications or services which are used on, or in conjunction with acore service platform of the gatekeeper, and enabling the reasonable expected use of the software application or services,including after its transfer to another end user, if applicable.
2021/09/13
Committee: ITRE
Amendment 544 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
(k b) refrain from imposing on business users or end users software applications or services which are used on, or in conjunction with a core service platform of the gatekeeper, any licensing conditions or economic terms that have the effect of limiting, in a discriminatory manner relative to the gatekeeper’s own offerings, end users’ ability or economic incentive to use software applications or services on, or in conjunction with, products or services that compete with those of the gatekeeper for instance by attributing a preferential treatment to its own offerings which would bring them forward to the attention of the end users or business users.
2021/09/13
Committee: ITRE
Amendment 555 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
1 a. Within six months after its designation and in application of Article 3(8), the gatekeeper shall provide the Commission with a report describing in a detailed and transparent manner the measures implemented to ensure compliance with the obligations set out in Articles5 and 6. This report shall be updated by the gatekeeper at least annually.
2021/09/13
Committee: ITRE
Amendment 557 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 1 b (new)
1 b. Within six months after its designation pursuant to Article 3, the gatekeeper shall publish and provide the Commission with a non-confidential summary of the report referred to in paragraph 1a of this Article. The Commission shall publish without delay the non-confidential summary of the report. This non-confidential summary shall be updated each time the report referred to in paragraph 1 of this Article is updated.
2021/09/13
Committee: ITRE
Amendment 559 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may act on its own initiative and may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision wias soon as possible, and in any case no later thian six months from the opening of proceedings pursuant to Article 18.
2021/09/13
Committee: ITRE
Amendment 563 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2 a (new)
2 a. In order to effectively comply with the obligations laid down in Article 6, the gatekeeper shall be granted the opportunity to engage in a regulatory dialogue, whereby the Commission can further specify relevant measures that the gatekeeper concerned shall adopt in order to effectively comply with those obligations. When doing so, the Commission may decide to consult third parties whose views it considers necessary in relation to the measures that the gatekeeper is expected to implement. Further specification of obligations laid down in Article 6 shall be limited to issues relating to ensuring effective compliance with the obligation while protecting safety, security and privacy and where the modalities of implementation of an obligation can be affected by differences in business models. The Commission shall retain discretion in deciding whether to engage in such a dialogue.
2021/09/13
Committee: ITRE
Amendment 564 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2 b (new)
2 b. A gatekeeper may request an opening of proceedings pursuant to Article 18 in order for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper shall, in its request, provide a reasoned submission to explain in particular, why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances.
2021/09/13
Committee: ITRE
Amendment 568 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings wias soon as possible, and in any case no later thian three months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings.
2021/09/13
Committee: ITRE
Amendment 578 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request. The suspension decision shall be accompanied by a reasoned statement explaining the grounds for the suspension.
2021/09/13
Committee: ITRE
Amendment 580 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either in whole or in part lift the suspension or decide that the conditions of paragraph 1 continue to be met.
2021/09/13
Committee: ITRE
Amendment 582 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties, in particular smaller business users and consumers. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.
2021/09/13
Committee: ITRE
Amendment 583 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 a (new)
Where the exemption is granted pursuant paragraph 1, the Commission shall review its exemption decision every year. Following such a review, the Commission shall either lift the exemption or decide that the conditions of paragraph 1 continue to be met.
2021/09/13
Committee: ITRE
Amendment 595 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1 a. The delegated acts that update the obligations laid down in Articles 5 and 6 in accordance with the first subparagraph shall be limited to: (a) extending any obligation that applies to a certain core platform service or to any other core platform service listed in point (2) of Article 2; (b) specifying the manner in which the obligations of the gatekeepers under Articles 5 and 6 are to be implemented, including through the incorporation of specifications under point (2) of Article 7 into the obligations; (c) extending any obligation that identifies a certain subset of users as beneficiaries to any other subset of users as beneficiaries; (d) supplementing or amending the obligations with a view to improving the effectiveness of the application of those obligations and preventing their circumvention.
2021/09/13
Committee: ITRE
Amendment 599 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users andor the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or
2021/09/13
Committee: ITRE
Amendment 604 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of thea gatekeeper, including any undertaking to which the gatekeeper belongs, shall not engage in any behaviour regardless of whether this behaviour is of a contractual, commercial, technical or any other nature that would undermine these obligations.
2021/09/13
Committee: ITRE
Amendment 608 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult including by offering choices to the end-user in a non-neutral manner, or by subverting user's autonomy, decision-making, or choice via the structure, function or manner of operation of a user interface or a part thereof.
2021/09/13
Committee: ITRE
Amendment 630 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned wias soon as possible, and in any case no later thian six months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
2021/09/13
Committee: ITRE
Amendment 636 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Where the provider of core platform services satisfies the thresholds set out in Article 3(2), but has presented significantly substantiated arguments in accordance with Article 3(4), the Commission shall endeavour to conclude the market investigation wias soon as possible, and in any case no later thian five months from the opening of the market investigation by a decision pursuant to paragraph 1. In that case the Commission shall endeavour to communicate its preliminary findings pursuant to paragraph 2 to the provider of core platform services wias soon as possible, and in any case no later thian three months from the opening of the investigation.
2021/09/13
Committee: ITRE
Amendment 642 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a gatekeeper has engaged in systematic non-compliance. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall where appropriate, be entitled to require the remedies to be tested to optimise their effectiveness. The Commission shall conclude its investigation by adopting a decision wias soon as possible, and in any case no later thian twelve months from the opening of the market investigation.
2021/09/13
Committee: ITRE
Amendment 655 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned wias soon as possible, and in any case no later thian six months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate.
2021/09/13
Committee: ITRE
Amendment 662 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
(b a) The Commission shall be entitled to impose interim measures if there is a risk of serious and immediate damage for business users or end users of gatekeepers.
2021/09/13
Committee: ITRE
Amendment 666 #

2020/0374(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. At the request of the Commission, the governments and authorities of the Member Statcompetent national competition authorities shall provide the Commission with all necessary information to carry out the duties assigned to it by this Regulation.
2021/09/13
Committee: ITRE
Amendment 667 #

2020/0374(COD)

Proposal for a regulation
Article 20 – paragraph 1
The Commission mayand the competent national competition authorities, may, in accordance with Article 32a, interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, pursuant to Articles 7, 16, 17, 25 and 26, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.
2021/09/13
Committee: ITRE
Amendment 668 #

2020/0374(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. The Commission, upon a prior notice, may conduct on- site inspections at the premises of an undertaking or association of undertakings.
2021/09/13
Committee: ITRE
Amendment 672 #

2020/0374(COD)

Proposal for a regulation
Article 21 a (new)
Article 21 a Reporting mechanism for business users and end users 1. Business users, competitors and end users of the core platform services may report to the Commission or national regulators any practice or behaviour by gatekeepers that falls within the scope of this Regulation, including non- compliance. The Commission and Member States shall inform each other of such reports. 2. The Commission shall set its priorities for the task of examining the reports referred to paragraph 1. Subject to the provisions of paragraph 5 of this Article and of Article 33, the Commission may choose not to examine a report on the grounds that it does not consider such a report to bean enforcement priority. 3. When the Commission considers that a report is an enforcement priority, it may open a proceeding pursuant to Article 18 or a market investigation pursuant to Article 144. Without prejudice to Article 33, a Member State may request the Digital Markets Advisory Committee to adopt an opinion in order to determine if one or several reports should be considered an enforcement priority. The opinion may request the Commission to open a proceeding pursuant to Article 18 or a market. The Advisory Committee shall adopt an opinion within 1 month. In its opinion, it shall state the reasons why the report is considered to be, or not to be, an enforcement priority. If the report considers it to be an enforcement priority, the Commission shall, within four months, examine whether there are reasonable grounds for opening such a proceeding or investigation. 4. Where the Commission does not comply with the request of the Advisory Committee, it shall state the reasons for not initiating a proceeding under Article 18 or a market investigation under Article 14.
2021/09/13
Committee: ITRE
Amendment 674 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparablmmediate damage for business users or end users of gatekeepers, the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6.
2021/09/13
Committee: ITRE
Amendment 676 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2 a (new)
2 a. In the case of urgency, due to the risk of serious and immediate damage for business users or end users of gatekeepers, resulting from new practices implemented by one or more gatekeepers that could undermine contestability of core platform services or that could be unfair pursuant to Article 10(2), the Commission may impose interim measures on the concerned gatekeepers in order to avoid the materialization of such risk.
2021/09/13
Committee: ITRE
Amendment 677 #

2020/0374(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. If during proceedings under Articles 16 or 25 the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the obligations laid down in Articles 5 and 6, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) make those commitments binding on that gatekeeper and declare that there are no further grounds for action. The Commission shall, where appropriate, be entitled to require the commitments to be tested to optimise their effectiveness.
2021/09/13
Committee: ITRE
Amendment 693 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with the decisionimpose behavioural or structural remedies as necessary and proportionate to the infringement.
2021/09/13
Committee: ITRE
Amendment 712 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 1 a (new)
1 a. If the Commission considers it necessary, it may also hear other natural or legal persons before taking the decision as provided for in paragraph 1.
2021/09/13
Committee: ITRE
Amendment 727 #

2020/0374(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. The Commission shall be assisted by the Digital Markets Advisory Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011. Each Member State shall appoint two representatives to the Committee. If the appointed representatives are unable to attend, other representatives may replace them. At least one of the representatives of a Member State shall be competent in matters of restrictive practices, abuses of dominant positions and other forms of unilateral conduct. Member States shall take all necessary measures to ensure the protection of confidential information by their representatives.
2021/09/13
Committee: ITRE
Amendment 731 #

2020/0374(COD)

Proposal for a regulation
Article 32 a (new)
Article 32 a Coordination with Member States 1. In accordance with the principles laid down in Article 1, the Commission shall be the sole decision maker on the correct application of this Regulation. To ensure effective enforceability and coherent implementation, the Commission shall be supported in every possible way by the expertise of the competent national competition authorities. 2. The Commission may, therefore, ask competent national competition authorities to support any of its market investigations pursuant to this Regulation. However, competent national competition authorities shall not take decisions which run counter to a decision adopted by the Commission. 3. To this end, the Commission shall apply the provisions of this Regulation in close cooperation with the competent national competition authorities, acting within the European Competition Network as defined at point (5) of Article 2 of Directive (EU) 2019/1, in accordance with the provisions of this Article. It shall, in particular and as appropriate, make use of the European Competition Network System referred to in Article 33 of that Directive for the exchange of information. 4. Within this framework, the competent national competition authorities shall perform – inter alia – the following tasks: (a) synchronize national implementation, ensure that decisions based on this Regulation are coherent with related regulations and support the Commission in technical enforcement matters; (b) gather market intelligence on the ground and coordinate data collection and monitoring throughout the internal market including on enforcement, emerging gatekeepers, and technological trends; (c) submit complaints from business users, competitors and end-users as provided for in Article 21a to the Commission and raise awareness of specific concerns or issues emerging at national level; (d) at the request of the Commission, cooperate in the application of Articles 12, 15, 16 and 17 and otherwise assist the Commission in investigations. In this regard, the competent national competition authorities shall be entitled to exercise, mutatis mutandis, the following powers of the Commission: (i) requests for information as set out in Article 19; (ii) power to carry out interviews and take statements as set out in Article 20; and (iii) powers to conduct on-site inspections as set out in Article 21; (e) make recommendations to the Commission on the update of obligations under Articles 5 and 6 and advice the Commission in the preparation of delegated acts according to Article 10; (f) monitor the international context, generate knowledge on the developments outside the Union and share enforcement experience. 5. Member States shall ensure that their competent national competition authorities have the human, financial and technical resources that are necessary for the effective performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2 of this Article. 6. The Commission and the competent national competition authorities enforcing the rules referred to in Article 1(6) shall have the power to provide each other with any matter of fact or of law, including confidential information. The information supplied to the Commission may be made available to the competent national competition authorities of other Member States. The competent national competition authorities may also exchange between themselves information necessary for the assessment of a case that they are dealing with under this Regulation. 7. The competent national competition authorities shall, when acting pursuant to paragraph 3, inform the Commission in writing of the first formal investigative measure, before or immediately after the start of such measure. This information may also be made available to the competent national competition authorities of the other Member States.
2021/09/13
Committee: ITRE
Amendment 735 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to Articles 15, 16 and 17 or institute proceedings in respect of possible non-compliance pursuant to Article 25 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, the Commission shall withiat a gatekeeper is not complying with its obligations as laid down in Articles 5 and 6, that one or more services within the digital sector should be added to the list of core platform services pursuant to point (2) of Article 2 or that there are reasonable grounds to suspect that one or several types of practices are not effectively addressed by this Regulation and can limit the contestability of core platform services or can be unfair, the Commission shall as soon as possible, and in any case no later than four months examine whether there are reasonable grounds to open such an investigation.
2021/09/13
Committee: ITRE
Amendment 749 #

2020/0374(COD)

Proposal for a regulation
Article 36 – paragraph 1 – introductory part
1. The Commission may adopt implementing acts concerning Articles: 3, 6, 12, 13, 15, 16, 17, 20, 22, 23, 25 and 30 with respect to:
2021/09/13
Committee: ITRE
Amendment 758 #

2020/0374(COD)

Proposal for a regulation
Article 38 – paragraph 2
2. The evaluations shall establish whether inclusion of additional rules or deletion of the existing ones, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
2021/09/13
Committee: ITRE
Amendment 87 #

2020/0361(COD)

Proposal for a regulation
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks, content-sharing platforms, search engines, livestreaming platforms, messaging services or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
2021/06/23
Committee: ITRE
Amendment 90 #

2020/0361(COD)

Proposal for a regulation
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a large or potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. Accordingly, where access to information requires registration or admission to a user group, such information should only be considered to be publicly available when users seeking to access such information are automatically registered or admitted without human intervention to decide or select the users to whom access is granted. The mere possibility to create groups of users of a given service, including a messaging service, should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finlimited number of pre- determined persons, taking into account the potential for groups to become tools for wide dissemination of content to the public. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation if they do not meet the above criteria for "dissemination to the public" . Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. File-sharing services and other cloud services fall within the scope of this Regulation, to the extent that such services are used to make the stored information available to the public at the direct request of the content provider. _________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
2021/06/23
Committee: ITRE
Amendment 122 #

2020/0361(COD)

Proposal for a regulation
Recital 31
(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute illegal content in other Member States concerned and, where relevant, take account of the relevant rules of Union law, national law, or international law and the interests of international comity.
2021/06/23
Committee: ITRE
Amendment 123 #

2020/0361(COD)

Proposal for a regulation
Recital 33
(33) Orders to act against illegal content and to provide information are subject to the rules safeguarding the competence of the Member State where the service provider addressed is established and laying down possible derogations from that competence in certain cases, set out in Article 3 of Directive 2000/31/EC, only if the conditions of that Article are met. Given that the orders in question relate to specific items of illegal content and information under either Union or national law, respectively, where they are addressed to providers of intermediary services established in another Member State, they do not in principle restrict those providers’ freedom to provide their services across borders. Therefore, the rules set out in Article 3 of Directive 2000/31/EC, including those regarding the need to justify measures derogating from the competence of the Member State where the service provider is established on certain specified grounds and regarding the notification of such measures, do not apply in respect of those orders.
2021/06/23
Committee: ITRE
Amendment 145 #

2020/0361(COD)

Proposal for a regulation
Recital 7
(7) In order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to providers of intermediary services irrespective of their place of establishment or residence, in so far as they provide servicesand direct services at recipients which are physical persons residing in the Union or physical persons acting on behalf of a legal person in the Union, as evidenced by a substantial connection to the Union.
2021/09/10
Committee: ECON
Amendment 158 #

2020/0361(COD)

Proposal for a regulation
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with tradermarketplaces should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platformprovider of the online marketplace, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platforms should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
2021/06/23
Committee: ITRE
Amendment 160 #

2020/0361(COD)

Proposal for a regulation
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platformproviders of online marketplaces covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platformproviders of online marketplaces covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformproviders, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platformProviders of online marketplaces should also design and organise their online interface in a user- friendly way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . The online interface shall allow traders to provide the information allowing for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. _________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
2021/06/23
Committee: ITRE
Amendment 160 #

2020/0361(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of "illegal content" should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable lawUnion or national law as a result of its display on an intermediary service is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegaldue to its direct connection to or its promotion of an illegal activity, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non- compliant or counterfeit products, illegal trading of animals, plants and substances, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
2021/09/10
Committee: ECON
Amendment 163 #

2020/0361(COD)

Proposal for a regulation
Recital 50 a (new)
(50 a) Providers of online marketplaces should demonstrate their best efforts in preventing the dissemination by traders of illegal products and services. In compliance with the no general monitoring provision, providers shall inform recipients when the service or product they have acquires through their services is illegal. Once notified of an illegal product as foreseen in Article 14, providers of online marketplaces should take measures to prevent such notified products and services from being reuploaded on their marketplace.
2021/06/23
Committee: ITRE
Amendment 166 #

2020/0361(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) Material disseminated for educational, journalistic, artistic or research purposes or for the purposes of preventing or countering illegal content, including the content which represents an expression of polemic or controversial views in the course of public debate, should not be considered as illegal content. Similarly, material, such as an eye-witness video of a potential crime, should not be considered as illegal, merely because its depicts an illegal act. An assessment shall determine the true purpose of that dissemination and whether material is disseminated to the public for those purposes.
2021/09/10
Committee: ECON
Amendment 188 #

2020/0361(COD)

Proposal for a regulation
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content. Nothing in this Regulation should prevent providers from enacting end-to-end encryption of their services.
2021/09/10
Committee: ECON
Amendment 189 #

2020/0361(COD)

Proposal for a regulation
Recital 63 a (new)
(63 a) By associating advertisement with content uploaded by users, very large online platform could indirectly lead to the promotion of illegal content, or content that is in breach of their terms and condition and could risk to considerably damage the brand image of the buyers of advertising space. In order to prevent such practice, the very large online platforms should ensure, including through standard contractual guarantees to the purchasers of advertising space, that the content to which they associate advertisements is legal, and compliant with their terms and conditions. Furthermore, the very large online platforms should allow advertisers to have access to the results of audits carried out independently and evaluating platforms’ commitments and tools for brand safety.
2021/06/23
Committee: ITRE
Amendment 201 #

2020/0361(COD)

Proposal for a regulation
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. This contact point may be the same contact point as required under other Union acts. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
2021/09/10
Committee: ECON
Amendment 204 #

2020/0361(COD)

Proposal for a regulation
Recital 37
(37) Providers of intermediary services that are established in a third country that offer services in the Union should designate a sufficiently mandated legal representative in the Union and provide information relating to their legal representatives, so as to allow for the effective oversight and, where necessary, enforcement of this Regulation in relation to those providers. It should be possible for the legal representative to also function as point of contact, provided the relevant requirements of this Regulation are complied with. Where providers of intermediary services that are established in a third country choose not to do so, they become subject to the jurisdiction of all Member States, in accordance with Article 40(3).
2021/09/10
Committee: ECON
Amendment 236 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
(i a) 'online marketplace' means an online platform that allows consumers to conclude distance contracts with other traders or consumers
2021/06/23
Committee: ITRE
Amendment 241 #

2020/0361(COD)

Proposal for a regulation
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The determination of this operational threshold, therefore, should only take into account those recipients which are physical persons residing in the Union or physical persons acting on behalf of a legal person established in the Union. Automated bots, fake accounts, indirect hyperlinking, FTP or other indirect downloading of content should not be included in the determination of this threshold being exceed. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means.
2021/09/10
Committee: ECON
Amendment 262 #

2020/0361(COD)

Proposal for a regulation
Recital 63
(63) Advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned. In addition, very large online platforms should label any known deep fake videos, audio or other files.
2021/09/10
Committee: ECON
Amendment 286 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph -1 (new)
-1. Providers of intermediary services shall ensure that their terms and conditions prevent the recipients of their services from providing information that is not compliant with Union law or the law of the Member State where the information is provided. Any additional restrictions that providers of intermediary services may impose in relation to the use of their service and the information provided by the recipients of the service shall be in full compliance with the fundamental rights of the recipients of the services as enshrined in the Charter.
2021/06/24
Committee: ITRE
Amendment 300 #

2020/0361(COD)

Proposal for a regulation
Recital 99
(99) In particular, the Commission, where it can show grounds for believing that a very large online platform is not compliant with this Regulation, should have access to any relevant documents, data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information related to those concerns. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers.
2021/09/10
Committee: ECON
Amendment 301 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, the number of notices submitted by trusted flaggers, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action;
2021/06/24
Committee: ITRE
Amendment 302 #

2020/0361(COD)

Proposal for a regulation
Recital 105 a (new)
(105a) This Regulation serves a horizontal framework to ensure the further strengthening and deepening the Digital Single Market and the internal market and therefore seeks to lay down rules and obligations which, unless specified, seek to be applicable to all providers without regards to individual models of operation.
2021/09/10
Committee: ECON
Amendment 303 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 1 – introductory part
1. This Regulation lays down harmonised rules on the provision of intermediary services in the internal marketorder to improve the functioning of the internal market whilst ensuring the rights enshrined in the Charter of Fundamental Rights of the European Union, in particular the freedom of expression and information in an open and democratic society. In particular, it establishes:
2021/09/10
Committee: ECON
Amendment 307 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) set out uniform harmonised rules for a safe, predictable, accessible and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
2021/09/10
Committee: ECON
Amendment 309 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation shall apply to intermediary services directed at and provided to recipients of the service that have their place of establishment or residence in the Union, irrespective of the place of establishment of the providers of those services.
2021/09/10
Committee: ECON
Amendment 310 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 4 a (new)
4a. This Regulation shall respect the fundamental rights recognised by the Charter of Fundamental rights of the European Union and the fundamental rights constituting general principles of Union law. Accordingly, this Regulation may only be interpreted and applied in accordance with those fundamental rights, including the freedom of expression and information, as well as the freedom and pluralism of the media. When exercising the powers set out in this Regulation, all public authorities involved shall aim to achieve, in situations where the relevant fundamental rights conflict, a fair balance between the rights concerned, in accordance with the principle of proportionality.
2021/09/10
Committee: ECON
Amendment 314 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1 a. The information provided shall be broken down per Member State in which services are offered and in the Union as a whole.
2021/06/24
Committee: ITRE
Amendment 316 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraphs 1 and 1a shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
2021/06/24
Committee: ITRE
Amendment 316 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 a (new)
5a. The Commission shall by [within one year of the adoption of this Regulation] publish guidelines with regards to the relations between this Regulation and those legislative acts listed in Article 1(5). These guidelines shall clarify any potential conflicts between the conditions and obligations enlisted in these legislative acts and which act prevails where actions, in line with this Regulation, fulfil the obligations of another legislative act and which regulatory authority is competent.
2021/09/10
Committee: ECON
Amendment 322 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
— a significant number of useraverage monthly active recipients in one or more Member States; or
2021/09/10
Committee: ECON
Amendment 324 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself, or by its reference to andue to its connection to or promotion of an illegal activity, including the sale of products, substances, animals or plants, or provision of services, is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;, directly leads to the dissemination to the public of such an illegal content. Material disseminated for educational, journalistic, artistic or research purposes or for the purposes of preventing or countering illegal content including the content which represents an expression of polemic or controversial views in the course of public debate shall not be considered as illegal content. An assessment shall determine the true purpose of that dissemination and whether material is disseminated to the public for those purposes.
2021/09/10
Committee: ECON
Amendment 334 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities, either through automated or manual means, undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility, monetisation and accessibility of that illegal content or that information, such as demotion, disabling of access to, delisting, demonetisation or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
2021/09/10
Committee: ECON
Amendment 336 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
(qa) ‘deep fake’ means a generated or manipulated image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful;
2021/09/10
Committee: ECON
Amendment 350 #

2020/0361(COD)

Proposal for a regulation
Article 7 – paragraph 1
No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. This Regulation shall not prevent providers from offering end- to-end encrypted services. The provision of such services shall not constitute a reason for liability or for becoming ineligible for the exemptions from liability.
2021/09/10
Committee: ECON
Amendment 363 #

2020/0361(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a. Providers of intermediary services may establish the same single point of contact for this Regulation and another single point of contact as required under other Union law. When doing so, the provider shall inform the Commission of this decision.
2021/09/10
Committee: ECON
Amendment 365 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shallmay designate, in writing, a legal or natural person to act as their legal representative in one of the Member States where the provider offers its services.
2021/09/10
Committee: ECON
Amendment 366 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 (new)
Where a provider of intermediary services chooses not to designate a legal representative, Article 40(3) shall apply.
2021/09/10
Committee: ECON
Amendment 367 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 5 a (new)
5a. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC, other than those which are either a very larger online platform or a marketplace.
2021/09/10
Committee: ECON
Amendment 382 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or non-governmental entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means. and may include: (a) a clearly identifiable banner or single reporting button, allowing the users of those services to notify quickly and easily the providers of hosting services; (b) providing information to the users on what is considered illegal content under Union and national law; (c) providing information to the users on available national public tools to signal illegal content to the competent authorities in Member States where the service is directed.
2021/09/10
Committee: ECON
Amendment 412 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 4 a (new)
4 a. Member States can acknowledge trusted flaggers recognized in another Member State as a trusted flagger on their own territory. Trusted flaggers can be awarded the status of European trusted flagger;
2021/06/24
Committee: ITRE
Amendment 415 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. The Commission, after consulting the Board, mayshall issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 2, 5 and 6.
2021/06/24
Committee: ITRE
Amendment 436 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. This Article is without prejudice to Directive 2013/11/EU and alternative dispute resolution procedures and entities for consumers established under that Directiveshall only take effect on providers other than very large online platforms from [24 months after the date of entry into force of this Regulation].
2021/09/10
Committee: ECON
Amendment 439 #

2020/0361(COD)

Proposal for a regulation
Article 22 – title
22 Traceability of traders and online advertisers
2021/06/24
Committee: ITRE
Amendment 444 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders or sells online advertisements, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
2021/06/24
Committee: ITRE
Amendment 445 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, itProviders of online marketplaces shall ensure that traders can only use itstheir services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of itstheir services, the online platformmarketplaces hasve obtained the following information:
2021/06/24
Committee: ITRE
Amendment 450 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and where proportionate after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
2021/09/10
Committee: ECON
Amendment 454 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 a (new)
3a. Suspensions referred to in paragraphs 1 and 2 may be declared permanent where: (a) compelling reasons of law or public policy, including ongoing criminal investigations, justify avoiding or postponing notice to the recipient; (b) the items removed were components of high-volume campaigns to deceive users or manipulate platform content moderation efforts; or (c) the items removed were related to content covered by [Directive 2011/93/EU updated reference] or [Directive (EU) 2017/541 XXX New Ref to TCO Regulation].
2021/09/10
Committee: ECON
Amendment 458 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Where an online platform becomes aware of anyexact information giving rise to a suspicion that a serious criminal offence involving an imminent threat to the life or safety of persons has taken place, is taking place or is likelyplanned to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide al, upon their request, any additional relevant information available.
2021/09/10
Committee: ECON
Amendment 459 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platformprovider of the online marketplace shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources.
2021/06/24
Committee: ITRE
Amendment 461 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2a. Information obtained by a law enforcement or judicial authority of a Member State in accordance with Paragraph 1 shall not be used for any purpose other than those directly related to the individual serious criminal offence notified.
2021/09/10
Committee: ECON
Amendment 464 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
3. Where the online platformprovider of the online marketplace obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platformmarketplace shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
2021/06/24
Committee: ITRE
Amendment 467 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The online platformprovider of the online marketplace shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information.
2021/06/24
Committee: ITRE
Amendment 470 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformrovider of the online marketplace shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.
2021/06/24
Committee: ITRE
Amendment 471 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The online platformprovider of the online marketplace shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the service, in a clear, easily accessible and comprehensible manner.
2021/06/24
Committee: ITRE
Amendment 473 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7
7. The online platformprovider of the online marketplace shall design and organise its online interface in a fair and user-friendly way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.
2021/06/24
Committee: ITRE
Amendment 475 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7 a (new)
7 a. The online interface shall allow traders to provide the information allowing for the unequivocal identification of the product or the service, and, where applicable, the information concerning the labelling, including CE marking, which are mandatory under applicable legislation on product safety and product compliance.
2021/06/24
Committee: ITRE
Amendment 477 #

2020/0361(COD)

Proposal for a regulation
Article 22 a (new)
Article 22 a Additional provisions for online marketplaces related to illegal offers 1. The provider of the online marketplace shall take adequate measures in order to prevent the dissemination by traders using its service of offers for a product or a service, which do not comply with Union law. 2. Where the provider of the online marketplace obtains indication including the elements listed in points (a) and (b) of paragraph 2 of Article 14, and according to which an item of information referred to in Article 22 is inaccurate, that online marketplace service provider shall request the trader to give evidence of the accuracy of that item of information or to correct it, without delay. 3. Before the trader's offer is made available on the online marketplace, the provider of the online marketplace shall verify, with regard to the information referred to in paragraph 8 of Article 22, if the offer that the trader wishes to propose to consumers located in the Union is mentioned in the list, or the lists, of products or categories of products identifies as non compliant, as classified in any freely accessible official online database or online interface, and shall not authorise the trade to provide the offer if that the product is on such list. 4. Where a provider of the online marketplace becomes aware of the illegal nature of a product or service offered through its services, it shall inform those recipients of the service that had acquired such product or contracted such service. 5. The provider of the online marketplace shall demonstrate its best effort to put in place proportionate mechanisms to prevent offers for products that were previously notified in accordance with Article 14 on as counterfeiting from reappearing on the platform. Such mechanisms should not lead to general monitoring in conformity with Article 7 . 6. The provider of the online marketplace shall suspend without undue delay the provision of its services to traders that provide in a repeated manner or illegal offers for a product or a service. It shall immediately notify its decision to the trader.
2021/06/24
Committee: ITRE
Amendment 482 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The Commission mayshall adopt implementing acts to establish a set of Key Performance Indicators and lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.
2021/06/24
Committee: ITRE
Amendment 486 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
Without prejudice to other Union acts, online platforms that display user- generated content that may include sponsored information or other information equivalent to advertising, which is normally provided against remuneration, shall include in their terms and conditions an obligation for the recipients of their service to inform other recipients of when they have received remuneration or any other goods in kind for their content. A failure to inform the platform or other recipients shall be deemed as a violation of the provider’s terms and conditions.
2021/09/10
Committee: ECON
Amendment 493 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1 (new)
Such a methodology shall ensure the following in relations to active recipients: (a) Automated interactions, accounts or data scans by a non-human ("bots") are not included; (b) That the mere viewing of a service without purchase, logging in or otherwise active identification of a recipient shall not be seen as an active recipient; (c) That the number shall be based on each service individually; (d) That recipients connected on multiple devices are counted only once; (e) That indirect use of service, via a third party or linking, shall not be counted; (f) Where an online platform is hosted by another provider of intermediary services, that the active recipients are assigned solely to the online platform closest to the recipient; (g) The average number is maintained for a period of at least six months.
2021/09/10
Committee: ECON
Amendment 498 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
Online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request information where their advertisements have been placed; (b) can request information on which broker treated their data; (c) can indicate on which specific websites their ads cannot be placed. In case of non-compliance with this provision, advertisers should have an option to judicial redress.
2021/06/24
Committee: ITRE
Amendment 498 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of any of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
2021/09/10
Committee: ECON
Amendment 525 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the functioning and use made of their services in the Union. The risk assessment shall be broken down per Member State in which services are offered and in the Union as a whole. This risk assessment shall be specific to their services and shall include the following systemic risks:
2021/06/24
Committee: ITRE
Amendment 535 #

2020/0361(COD)

Proposal for a regulation
Article 30 – title
Additional transparency for online advertising transparencyand "deep fakes" audiovisual media
2021/09/10
Committee: ECON
Amendment 540 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service, including by means of inauthentic use, deep fakes or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
2021/06/24
Committee: ITRE
Amendment 541 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. Where a very large online platform becomes aware that a piece of content is a deep fake, the provider shall label the content in a way that informs that the content is inauthentic and that is clearly visible for the recipient of the services.
2021/09/10
Committee: ECON
Amendment 542 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 b (new)
2b. Very large online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request and obtain information on where their advertisements have been placed; (b) can request and obtain information on which broker treated their data;
2021/09/10
Committee: ECON
Amendment 554 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 3 a (new)
3a. The Commission shall encourage all the actors in the online advertising eco-system to endorse and comply with the commitments stated in the codes of conduct.
2021/09/10
Committee: ECON
Amendment 563 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year, which. The reports of the Board shall be broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union. The reports shall include the following:
2021/06/24
Committee: ITRE
Amendment 571 #

2020/0361(COD)

Proposal for a regulation
Article 42 a (new)
Article 42 a General conditions for imposing penalties 1. Before penalties are issued under Article 42, when deciding whether to impose a penalty and deciding on the amount of the penalty in each individual case due regard shall be given to the following: (a) the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of recipients affected and the level of damage suffered by them; (b) the intentional or negligent character of the infringement; (c) any action taken by the provider to mitigate the damage of the infringement; (d) the degree of responsibility of the provider taking into account any other providers involved; (e) any relevant previous infringements by the provider; (f) the degree of cooperation with the Digital Services Coordinator(s),in order to remedy the infringement and mitigate the possible adverse effects of the infringement; (g) the manner in which the infringement became known to the Member State; (h) where infringement have previously been ordered against the provider concerned with regard to the same subject-matter, compliance with those measures; (i) adherence to approved codes of conduct pursuant to Articles 35 and 36; and (j) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement. 2. If a provider infringes several provisions of this Regulation, the total amount of the penalty shall not exceed the amount specified in Article 42 (3). 3. The exercise by a Member State of its powers under this Article and Article 42 shall be subject to appropriate procedural safeguards in accordance with Union and Member State law, including effective judicial remedy and due process.
2021/09/10
Committee: ECON
Amendment 593 #

2020/0361(COD)

Proposal for a regulation
Article 51 a (new)
Article 51 a Requirements for the Commission 1. The Commission shall perform its tasks under this Regulation in an impartial, transparent and timely manner. The Commission shall ensure that its units given responsibility for this Regulation have the adequate technical, financial and human resources to carry out their tasks. 2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Commission shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek nor take instructions from any other public authority or any private party.
2021/09/10
Committee: ECON
Amendment 610 #

2020/0361(COD)

2 a. Online platforms shall ensure that their online interface is designed in such a way that it does not risk misleading or manipulating the recipients of the service.
2021/06/24
Committee: ITRE
Amendment 617 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point b a (new)
(b a) the natural or legal person who paid for the advertisement;
2021/06/24
Committee: ITRE
Amendment 622 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2 a. When very large online platforms sell advertising for display on their online interface, the contract signed with the buyer or the buyer’s representative includes a clause providing that the platform guarantees that no content adjacent to the advertisement is incompatible with the terms and conditions of the platform or with the law of the Member States of residence of the recipients of the service to whom the advertisement will be displayed. Any clause to the contrary shall be null and void.
2021/06/24
Committee: ITRE
Amendment 623 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2 a. The Board shall, together with trusted flaggers and vetted researchers, publish guidelines on the way add libraries should be organized.
2021/06/24
Committee: ITRE
Amendment 624 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 b (new)
2 b. Very large online platforms that display advertising on their online interfaces shall conduct at their own expense, and upon request of advertisers , independent audits performed by organisations complying with the criteria set out in Article 28(2). Such audits shall be based on fair and proportionate conditions agreed between platforms and advertisers, shall be conducted with a reasonable frequency and shall entail: (a) conducting quantitative and qualitative assessment of cases where advertising is associated with illegal content or with content incompatible with platforms’ terms and conditions; (b) monitoring for and detecting of fraudulent use of their services to fund illegal activities; (c) assessing the performance of their tools in terms of brand safety. The audit report shall include an opinion on the performance of platforms’ tools in terms of brand safety. Where the audit opinion is not positive, the report shall make operational recommendations to the platforms on specific measures in order to achieve compliance. The platforms shall make available to advertisers, upon request, the results of such audit.
2021/06/24
Committee: ITRE
Amendment 625 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 b (new)
2 b. Very large online platforms shall label inauthentic video’s (‘deep fakes’) as inauthentic in a way that is clearly visible for the internet user.
2021/06/24
Committee: ITRE
Amendment 642 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 2 b (new)
2 b. The reports shall be published in the official languages of the Member States of the Union.
2021/06/24
Committee: ITRE
Amendment 248 #

2020/0360(COD)

Proposal for a regulation
Recital 1
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21 , a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least 55% by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future. That also means infrastructure needs to be in place to support the European energy transition, including rapid electrification, scaling up of renewable electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovative and digital solutions. _________________ 21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. 22 Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020
2021/05/04
Committee: ENVI
Amendment 261 #

2020/0360(COD)

Proposal for a regulation
Recital 6
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on renewable sources and the decarbonisation of the gas sector. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality, putting security of supply, energy affordability and environmental sustainability in line with the energy efficiency first principle.
2021/05/04
Committee: ENVI
Amendment 267 #

2020/0360(COD)

Proposal for a regulation
Recital 9
(9) The Union’s energy infrastructure should be upgraded in order to prevent technical failure and to increase its resilience against suchtechnical failure, natural or man-made disasters, adverse effects of climate change and threats to its security, in particular as regards European critical infrastructures pursuant to Council Directive 2008/114/EC26 . _________________ 26 OJ L 345, 23.12.2008, p. 75.
2021/05/04
Committee: ENVI
Amendment 276 #

2020/0360(COD)

(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policyinfrastructure support through the TEN-E policy should be technology neutral and based on life cycle emissions assessments to avoid future lock-in effects. The planning of energy infrastructure should reflect this changing gas landscape. _________________ 27 SWD(2020) 176 final
2021/05/04
Committee: ENVI
Amendment 287 #

2020/0360(COD)

Proposal for a regulation
Recital 13
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across production pathways, energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick-start arealize a cost-competitive EU hydrogen economy based on economyies of scale, innovation and learning effects.
2021/05/04
Committee: ENVI
Amendment 300 #

2020/0360(COD)

Proposal for a regulation
Recital 14
(14) Moreover, the Commission’s Hydrogen Strategy29 concluded that for the required deployment of hydrogen at cost- efficient scale, a large- scale infrastructure network is an important element that only the Union and the single market can offer. There is currently very limited dedicated infrastructure in place to transport and trade hydrogen across borders. Such should consist of a significant extent of assets converted from natural gas, complemented by new assets dedicated to hydrogen. Furthermore, the Hydrogen Strategy sets a strategic goal to increase installed electrolyser capacity to 40 GW by 2030 in order to scale up the production of renewable hydrogen and facilitate the decarbonisation of fossil-fuel dependent sectors, such as industry or transport. Therefore, the TEN-E policy should include new and repurposed hydrogen transmission infrastructure and storage as well as electrolyser facilities. Hydrogen transmission and storage infrastructure should also be included in the Union-wide ten-year network development plan so as to allow a comprehensive and consistent assessment of their costs and benefits for the energy system, including their contribution to sector integration and decarbonisation, with the aim of creating a hydrogen backbone for the Union. _________________ 29A hydrogen strategy for a climate- neutral Europe, COM(2020) 301 final.
2021/05/04
Committee: ENVI
Amendment 308 #

2020/0360(COD)

Proposal for a regulation
Recital 15
(15) Moreover, a new infrastructure category should be created for smart gas grids to support investments which integrate renewable and low carbon gases such as biogas, biomethane, and hydrogen, in the network and help manage a resulting more complex system, building on innovative and digital technologies.
2021/05/04
Committee: ENVI
Amendment 318 #

2020/0360(COD)

Proposal for a regulation
Recital 16
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal, sustainability in terms of the integration of renewable energy sources into the grid or the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy and climate policy objectives of the Union. The sustainability of CO2 transport networks is addressed by their purpose to transport carbon dioxide, to allow for cost-effective decarbonisation .
2021/05/04
Committee: ENVI
Amendment 329 #

2020/0360(COD)

Proposal for a regulation
Recital 17
(17) The Union should facilitate infrastructure projects linking the Union’s energy networks with third-country networks that are mutually beneficial and necessary for the energy transition and the achievement of theinternational climate targets, and which also meet the specific criteria of the relevant infrastructure categories pursuant to this Regulation, in particular with neighbouring countries and with countries with which the Union has established specific energy cooperation. Therefore, this Regulation should include in its scope projects of mutual interest where they are sustainable and able to demonstrate significant net socio-economic benefits for at least two Member States and at least one third country. Such projects would be eligible for inclusion in the Union list upon conditions of regulatory approximation with the Union,, demonstrated effective implementation thereof and upon demonstrating a contribution to the Union’s overall energy and climate objectives in terms of security of supply and decarbonisation. Such regulatory alignment or convergence should be presumed for the European Economic Area or Energy Community Contracting Parties. In addition, the third country with which the Union cooperates in the development of projects of mutual interest should facilitate a similar timeline for accelerated implementation and other policy support measures, as stipulated in this Regulation. Therefore, in this Regulation, projects of mutual interest should be considered in the same manner as projects of common interest with all provisions relative to projects of common interest applying also to projects of mutual interest, unless otherwise specified.
2021/05/04
Committee: ENVI
Amendment 344 #

2020/0360(COD)

Proposal for a regulation
Recital 21
(21) It is important to ensure that only infrastructure projects for which no reasonable alternative solutions exist may receive the status of project of common interest. For that purpose, the infrastructure gaps identification will follow the energy efficiency first principle and consider with priority all relevant non-infrastructure related solutions, including demand side management and other flexibility solutions, including those provided by active customers 32a, electric vehicles and behind-the-meter storage, to address the identified gaps. In addition, during project application and implementation, project promoters should report on the compliance with environmental legislation and demonstrate that projects do no significant harm to the environment in accordance with Article 17 of Regulation (EC) 2020/85233 . For existing projects of common interest having reached sufficient maturity, this will be taken into account during project selection for subsequent Union list by the regional groups. _________________ 32aDirective (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125). 33Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088, OJ L 198, 22.6.2020, p. 13
2021/05/04
Committee: ENVI
Amendment 779 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 2 – point 4 – introductory part
(4) Northern Seas offshore grids (‘NSOG’): integrated offshore electricity and hydrogen grids development and the related interconnectors in the North Sea, the Irish Sea, the English Channel and neighbouring waters to transport electricity and hydrogen from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricitrenewable energy exchange.
2021/04/23
Committee: ITRE
Amendment 780 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 2 – point 5 – introductory part
(5) Baltic Energy Market Interconnection Plan offshore grids (‘BEMIP offshore’): integrated offshore electricity and hydrogen grids development and the related interconnectors in the Baltic Sea and neighbouring waters to transport electricity and hydrogen from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricitrenewable energy exchange.
2021/04/23
Committee: ITRE
Amendment 781 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 2 – point 6 – introductory part
(6) South and East offshore grids: integrated offshore electricity and hydrogen grids development and the related interconnectors in the Mediterranean Sea, Black Sea and neighbouring waters to transport electricity and hydrogen from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricitrenewable energy exchange.
2021/04/23
Committee: ITRE
Amendment 785 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 2 – point 7 – introductory part
(7) South Western Europe offshore grids: integrated offshore electricity and hydrogen grids development and the related interconnectors in the North Atlantic Ocean waters to transport electricity and hydrogen from renewable offshore energy sources to centres of consumption and storage and to increase cross-border electricitrenewable energy exchange.
2021/04/23
Committee: ITRE
Amendment 854 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
(a) transmission pipelines for the transport of hydrogen, including the repurposed natural gas infrastructure, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogen;
2021/04/23
Committee: ITRE
Amendment 880 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets convertrepurposed from natural gas dedicated to hydrogen, or a combination of the two. Hydrogen infrastructure as listed in points (a), (b), (c), and (d) may be used in a transitional period for the purpose of blends of hydrogen with methane or methane.
2021/04/23
Committee: ITRE
Amendment 896 #

2020/0360(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point e
(e) for the electricity and the hydrogen sectors, the evolution of the interconnection level between Member States, the corresponding evolution of energy prices, as well as the number of network system failure events, their causes and related economic cost;
2021/05/04
Committee: ENVI
Amendment 1014 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
(a) transmission pipelines for the transport of hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogenincluding repurposed natural gas infrastructure;
2021/05/04
Committee: ENVI
Amendment 1030 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c
(c) reception, compression, storage and regasification or decompression facilities for liquefied hydrogen or hydrogen embedded in other chemical substances with the objective of injecting the hydrogen into the grid;
2021/05/04
Committee: ENVI
Amendment 1040 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets converted from natural gas dedicated to hydrogen, or a combination of the two. During a transitional period, energy infrastructure as listed in points (a), (b), (c), and (d) may be used for low- carbon gas blends, based on life cycle emissions assessments to avoid future lock-in effects.
2021/05/04
Committee: ENVI
Amendment 409 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – point b
(b) access of workers to minimum wage protection, in the form of wages set out byby promoting access to collective agreementsbargaining or in the form of a statutory minimum wage in Member States where it exists.
2021/05/18
Committee: EMPL
Amendment 413 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
This Directive shall be without prejudice to the full respect of Member States national law and legal labour market tradition and practise while ensuring the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.
2021/05/18
Committee: EMPL
Amendment 445 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
For the purposes of this Directive, the following definitions apply while respecting Member States national law and legal labour market practice:
2021/05/18
Committee: EMPL
Amendment 455 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in accordance to Member States national law and legal labour market practice: between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
2021/05/18
Committee: EMPL
Amendment 573 #

2020/0310(COD)

Proposal for a directive
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elementwhose relevance and relative weight shall be decided by Member States in accordance with their prevailing national socio-economic conditions:
2021/05/18
Committee: EMPL
Amendment 863 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that, without prejudice to specific forms of redress and dispute resolution provided for, where applicable, in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rightsexisting national law or collective agreements provide for relating to statutory minimum wages or minimum wage protection provided by collective agreements and such rights have been infringed.
2021/05/18
Committee: EMPL
Amendment 880 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall take the measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.provided for in existing national law or collective agreements relating to minimum wage protection
2021/05/18
Committee: EMPL
Amendment 907 #

2020/0310(COD)

Proposal for a directive
Article 16 – paragraph 2
2. TMember States where wage setting is ensured mainly via collective agreements shall be derogated from this Directive; while this Directive shall not affect Member States prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers.
2021/05/18
Committee: EMPL
Amendment 206 #

2020/0104(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) The European Court of Auditors' Special report 16/2020 on the European Semester calls on the Commission to strengthen the link between the Country Specific Recommendations and the distribution of EU funds.
2020/09/22
Committee: BUDGECON
Amendment 224 #

2020/0104(COD)

Proposal for a regulation
Recital 9
(9) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions, particularly addressing the challenges identified in the context of the European Semester, and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1)(a) of the Financial Regulation.
2020/09/22
Committee: BUDGECON
Amendment 296 #

2020/0104(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) The Facility should also be a tool to protect the Union's budget in the event of generalised deficiencies as regards the rule of law. In such a case, the Commission should adopt a decision by means of an implementing act to suspend the period for the adoption of decisions on proposals for recovery and resilience plans or to suspend payments under this Facility in accordance with Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States. The Commission should adopt a decision by means of an implementing act to lift the suspension of the period or of payments.
2020/09/22
Committee: BUDGECON
Amendment 350 #

2020/0104(COD)

Proposal for a regulation
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. TIt is of utmost importance that the recovery and resilience plan should be consistent with the relevant country- specific challenges and priorities identified in the context of the European Semester,. The plan should also be consistent with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. To boost actions that fall within the priorities of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant for the green and digital transitions. The measures should enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union.
2020/09/22
Committee: BUDGECON
Amendment 1401 #

2020/0104(COD)

Proposal for a regulation
Article 20 – paragraph 1 a (new)
Independent fiscal institutions, as defined by Council Directive 2011/85/EU, shall, on a biannual basis, complement and assess such reports focusing on the reliability of the information, data and forecasts provided, as well as the performance and the general progress made in the achievement of the recovery and resilience plans.
2020/09/25
Committee: BUDGECON
Amendment 1428 #

2020/0104(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) ensure close cooperation between those responsible for implementation, control and supervision at Union, national and, where appropriate, regional levels to achieve the objectives of the instruments established under this Regulation.
2020/09/25
Committee: BUDGECON
Amendment 126 #

2020/0006(COD)

Proposal for a regulation
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate-neutral and circular economyprimarily focus on mitigating negative economic and social impacts of the transition and contribute to a transition to a climate-neutral and circular economy, while taking into account economic, social and energy characteristics of each Member State. Investments in transitional energy sources such as natural gas shall be eligible for support if such investments lead to a substantial reduction of greenhouse gas emissions, and allow for the use of renewable gas as a sustainable alternative. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity and smart mobility, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
2020/05/20
Committee: ITRE
Amendment 278 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments related to the production, processing, distribution, storage or combustion of gas, provided that it is used as a bridging technology replacing coal, lignite, peat, oil shale and delivers significant reductions in greenhouse gas emissions. These investments should allow for the use of renewable gas at a later stage.
2020/05/20
Committee: ITRE
Amendment 357 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the decommissioning or the construction of nuclear power stations;deleted
2020/05/20
Committee: ITRE
Amendment 372 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of solid fossil fuels;
2020/05/20
Committee: ITRE
Amendment 64 #

2019/2211(INI)

Motion for a resolution
Recital C
C. having regard to the needemand for a European Climate Law with a legally binding goal of reaching net zero greenhouse gas emissions by 2050 at the latest and an intermediate target of at least 65 % for 2030;
2020/01/27
Committee: ECON
Amendment 88 #

2019/2211(INI)

Motion for a resolution
Paragraph 1
1. Notes that, in view of the declared climate change emergency, the EU’s Annual Growth Survey (AGS) has now been renamed the Annual Sustainable Growth Survey (ASGS), and considers that this implies a change in the positioning of the report and the implementation of ecological indicators;
2020/01/27
Committee: ECON
Amendment 103 #

2019/2211(INI)

Motion for a resolution
Paragraph 2
2. Notes that the role of the European Green Deal as the EU’s new strategy defining ecological issues and the wellbeing of citizens ais principal goalone goal amongst others for the Union; notes, with regard to the scope of the European Semester, the inclusion of the SDGs and of the principles of the European Pillar of Social Rights (EPSR), which will require the proportionate adjustment of existing indicators and the creation of new ones to monitor the implementation of EU economic, environmental and social policies, as well as coherence between policy goals and budgetary means; notes the need to implement reasonable long- term planning to tackle climate change;
2020/01/27
Committee: ECON
Amendment 124 #

2019/2211(INI)

Motion for a resolution
Paragraph 3
3. Considers achieving a fair transition to climate neutrality to be a majorone of various responsibilityies for the EU’s citizens and economy and its role in the world; notes that this challenge can only be tackled as part of a global effort; calls for appropriate support and policies, with involvement for and of the public, the various sectors, regions and Member States with a view to benefiting from this transformation and making it a success; calls on the Commission to undertake an annual evaluation of the Union’s ecological debt, carbon budget and imported emissions;
2020/01/27
Committee: ECON
Amendment 200 #

2019/2211(INI)

Motion for a resolution
Paragraph 8
8. Calls for a European Green Industrial Strategy on the basis of innovations and incentives, rather than on the basis of sanctions and taxes;
2020/01/27
Committee: ECON
Amendment 247 #

2019/2211(INI)

Motion for a resolution
Paragraph 12
12. Reiterates itsAcknowledges the call for a European stabilisation function and a European unemployment benefit reinsurance scheme, with a view tobut notes that a protectingon of citizens and a reducingtion of pressure on public finances, during external shocks so as to overcome social and economic imbalances; can only be achieved by national tariff- and labour market policy;
2020/01/27
Committee: ECON
Amendment 286 #

2019/2211(INI)

Motion for a resolution
Paragraph 15
15. Recalls the importance of the efficienta proportionate regulation of the banking and financial sectors in order to prevent a new crisis; believes that such regulation must integrate the ecological situation; emphasises the importance of completing thediscussion new paths to a Banking Union and the need to reform the European Stability Mechanism;
2020/01/27
Committee: ECON
Amendment 311 #

2019/2211(INI)

Motion for a resolution
Paragraph 16
16. Calls for qualified majority votingthe preservation of the unanimity principle in Council on tax matters;
2020/01/27
Committee: ECON
Amendment 325 #

2019/2211(INI)

Motion for a resolution
Paragraph 17
17. Calls for the systematic inclusion of tax matters in the Country Specific Recommendations (CSRs), with the aim of ensuring economic coherence across EU Member States as well as the fairness of EU tax systems; believes that the CSRs could ensure a fair balance between sources of revenue and should also include innovative elements aiming at promoting the Green Deal; further believes that they should also support Member States in tackling tax avoidance and aggressive tax planning;
2020/01/27
Committee: ECON
Amendment 29 #

2019/2110(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas in 2018 only 2.8 % of country specific recommendations have been fully implemented by Member States, 36.6 % have made at least some progress but 60.6 % have not been implemented or only with limited progress;
2019/09/19
Committee: ECON
Amendment 49 #

2019/2110(INI)

Motion for a resolution
Paragraph 3
3. Agrees that effective structural reforms, accompanied by well-targeted investments and responsible fiscal policies, continue to provide a successful compass for preparing the EU for its future and present challenges such as strengthening competitiveness while transitioning to a low carbon economy; the digitalization of our societies, the development of research & innovation; the growth of the labour market based on high quality jobs skills and continuing professional training;
2019/09/19
Committee: ECON
Amendment 116 #

2019/2110(INI)

Motion for a resolution
Paragraph 8
8. Underlines that reforms which increase competition in product markets, promote resource efficiency, safeguard the long-term sustainability of care and pension systems, promote a better access to finance for SMEs, spin off and start- ups; improve the business environment, as well as quality of institutions, including an effective justice system, and quality and efficiency of tax collection, are essential for achieving greater economic resilience for the euro area and Member States; emphasises in this context the importance of the single market and the need for its further deepening;
2019/09/19
Committee: ECON
Amendment 128 #

2019/2110(INI)

Motion for a resolution
Paragraph 9
9. Shares the view that structural and institutional features of labour and product markets and well-functioning public administrations are crucial; underlines the importance of removing disincentives to work to integrate more people in the workforce, particularly for low skilled workers, older workers, women, people with disabilities and people with a migrant background;
2019/09/19
Committee: ECON
Amendment 178 #

2019/2110(INI)

Motion for a resolution
Paragraph 12
Agrees that the economic upswing needs to be supported by public and private investment, particularly in innovationeducation, research and innovation, the digital transition as well as sustainable transport, and energy solutions, and notes that there is still an investment gap in the euro area; welcomes the fact that in some Member States investments already exceed the pre- crisis level, and regrets that in others investment is still lagging behind or is not picking up at the necessary speed;
2019/09/19
Committee: ECON
Amendment 9 #

2019/2028(BUD)

Draft opinion
Paragraph 1
1. Calls for the 2020 budget to contribute to the fulfilment of the priorities outlined in the European Semester, namely to deliver high-quality investment as for example in start-ups and SMEs and reforms that increase productivity growth, continuing to ensure macro-financial stability and sound public finances, and deepening and completing the Single Market, as well as the completion of the Economic and Monetary Union (EMU) to renew the European Union and to implement structural reforms;
2047/01/15
Committee: ECON
Amendment 28 #

2019/2028(BUD)

Draft opinion
Paragraph 3
3. Calls for adequate resources forsufficient financial and personal resources to be made available to the European Supervisory Authorities (ESAs) in view of their new tasks;as well as to the Resolution Authorities, in view of their new tasks; in particular as it concerns the increase of staff for the Single Resolution Board (SRB)with 436 posts in 2020, underlines that the ESAs should continue to increase their efficiency without compromising on the quality of their work, in particular without cutting their human and financial resources with a focus on continuous re-assessment of working methods and of effective use of human and financial resources; emphasises that the ESAs must stick to the tasks and to the mandate assigned to them by the European legislator;
2047/01/15
Committee: ECON