BETA

Activities of Svenja HAHN

Plenary speeches (60)

General budget of the European Union for 2020 - all sections (debate)
2019/10/22
Dossiers: 2019/2028(BUD)
European Parliament's position on the Conference on the Future of Europe (debate)
2020/01/15
Dossiers: 2019/2990(RSP)
Conclusion of the EU-Viet Nam Free Trade Agreement - Conclusion of the EU-Viet Nam Free Trade Agreement (Resolution) - EU-Viet Nam Investment Protection Agreement - EU-Viet Nam Investment Protection Agreement (Resolution) (debate)
2020/02/11
Dossiers: 2018/0356(NLE)
Digital Services Act: Improving the functioning of the Single Market - Digital Services Act: adapting commercial and civil law rules for commercial entities operating online - Digital Services Act and fundamental rights issues posed - Framework of ethical aspects of artificial intelligence, robotics and related technologies - Civil liability regime for artificial intelligence - Intellectual property rights for the development of artificial intelligence technologies (debate)
2020/10/19
Dossiers: 2020/2022(INI)
Towards a more sustainable single market for business and consumers (debate)
2020/11/23
Dossiers: 2020/2021(INI)
EU Trade Policy Review (debate)
2020/11/24
Dossiers: 2020/2761(RSP)
Strengthening the single market: the future of free movement of services (debate)
2021/01/18
Dossiers: 2020/2020(INI)
Presentation of the programme of activities of the Portuguese Presidency (continuation of debate)
2021/01/20
The crackdown on the democratic opposition in Hong Kong
2021/01/21
Dossiers: 2021/2505(RSP)
New Circular Economy Action Plan (debate)
2021/02/08
Dossiers: 2020/2077(INI)
The situation in Myanmar (debate)
2021/02/09
Dossiers: 2021/2540(RSP)
Democratic scrutiny of social media and the protection of fundamental rights (debate)
2021/02/10
Corporate due diligence and corporate accountability (debate)
2021/03/08
Dossiers: 2020/2129(INL)
The mass trials against the opposition and civil society in Cambodia
2021/03/11
Dossiers: 2021/2579(RSP)
European strategy for data – Commission evaluation report on the implementation of the General Data Protection Regulation two years after its application (continuation of debate)
2021/03/25
Dossiers: 2020/2217(INI)
Digital Europe programme (debate)
2021/04/29
Artificial intelligence in education, culture and the audiovisual sector (debate)
2021/05/18
Dossiers: 2020/2017(INI)
Meeting the Global COVID-19 challenge: effects of waiver of the WTO TRIPS agreement on COVID-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries (debate)
2021/05/19
Digital future of Europe: digital single market and use of AI for European consumers (debate)
2021/05/19
Dossiers: 2020/2216(INI)
The situation in Sri Lanka, in particular the arrests under the Prevention of Terrorism Act
2021/06/10
Dossiers: 2021/2748(RSP)
The listing of German NGOs as 'undesirable organisations' by Russia and the detention of Andrei Pivovarov
2021/06/10
Dossiers: 2021/2749(RSP)
Labour rights in Bangladesh (debate)
2021/07/08
Artificial intelligence in criminal law and its use by the police and judicial authorities in criminal matters (debate)
2021/10/04
Dossiers: 2020/2016(INI)
The future of EU-US relations (debate)
2021/10/05
Dossiers: 2021/2038(INI)
Human rights situation in Myanmar, including the situation of religious and ethnic groups
2021/10/07
EU-Taiwan political relations and cooperation (debate)
2021/10/19
Dossiers: 2021/2041(INI)
Digital Markets Act (debate)
2021/12/14
Dossiers: 2020/0374(COD)
Implementation of the Kimberley Process Certification scheme (debate)
2021/12/14
Dossiers: 2021/2885(RSP)
Digital Services Act (continuation of debate)
2022/01/19
Dossiers: 2020/0361(COD)
Violations of fundamental freedoms in Hong Kong
2022/01/19
Dossiers: 2022/2503(RSP)
One youth, one Europe (topical debate)
2022/02/16
The recent human rights developments in the Philippines
2022/02/17
Dossiers: 2022/2540(RSP)
Gender mainstreaming in the European Parliament – annual report 2020 (debate)
2022/03/08
Dossiers: 2021/2003(INI)
The need for an ambitious EU Strategy for sustainable textiles (debate)
2022/03/10
Myanmar, one year after the coup
2022/03/10
Dossiers: 2022/2581(RSP)
Outcome of the EU-China Summit (1 April 2022) (debate)
2022/04/05
Artificial intelligence in a digital age (debate)
2022/05/03
Dossiers: 2020/2266(INI)
The continuous crackdown of political opposition in Cambodia
2022/05/04
The Media freedom crackdown in Myanmar, notably the cases of Htet Htet Khine, Sithu Aung Myint and Nyein Nyein Aye
2022/10/05
The European Year of Youth 2022 Legacy (debate)
2022/11/24
The European Year of Youth 2022 Legacy (debate)
2022/11/24
30th Anniversary of the Single Market (debate)
2023/01/16
Access to strategic critical raw materials (debate)
2023/02/15
Situation in Georgia (debate)
2023/03/14
Cambodia: the case of opposition leader Kem Sokha
2023/03/15
The need for a coherent strategy for EU-China Relations (debate)
2023/04/18
Council of Europe Convention on preventing and combating violence against women and domestic violence – EU accession: institutions and public administration of the Union - Council of Europe Convention on preventing and combating violence against women and domestic violence - EU accession: judicial cooperation in criminal matters, asylum and non-refoulement (debate)
2023/05/09
Dossiers: 2016/0062A(NLE)
Myanmar, notably the dissolution of democratic political parties
2023/05/10
Artificial Intelligence Act (debate)
2023/06/13
Dossiers: 2021/0106(COD)
Global Convergence on Generative AI (debate)
2023/07/13
Single market emergency instrument (debate)
2023/09/12
Dossiers: 2022/0278(COD)
Human rights situation in Bangladesh, notably the case of Odhikar
2023/09/13
Economic coercion by third countries (debate)
2023/10/02
Dossiers: 2021/0406(COD)
Need to complete new trade agreements for sustainable growth, competitiveness and the EU’s strategic autonomy (debate)
2023/10/04
Outcome of the EU-US summit (debate)
2023/11/09
EU/New Zealand Free Trade Agreement (debate)
2023/11/21
Dossiers: 2023/0038(NLE)
International day for the elimination of violence against women (debate)
2023/11/23
EU-Taiwan trade and investment relations (debate)
2023/12/12
Dossiers: 2023/2829(RSP)
European Economic Security Strategy (debate)
2023/12/12
European Economic Security Strategy (debate)
2023/12/12

Reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1025/2012 as regards the decisions of European standardisation organisations concerning European standards and European standardisation deliverables
2022/07/14
Committee: IMCO
Dossiers: 2022/0021(COD)
Documents: PDF(186 KB) DOC(77 KB)
Authors: [{'name': 'Svenja HAHN', 'mepid': 197444}]

Shadow reports (9)

REPORT on shaping the digital future of Europe: removing barriers to the functioning of the digital single market and improving the use of AI for European consumers
2021/04/27
Committee: IMCO
Dossiers: 2020/2216(INI)
Documents: PDF(436 KB) DOC(172 KB)
Authors: [{'name': 'Deirdre CLUNE', 'mepid': 124988}]
RECOMMENDATION on the draft Council decision on the conclusion of the agreement between the Union and the Kingdom of Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union
2021/05/31
Committee: INTA
Dossiers: 2021/0003(NLE)
Documents: PDF(168 KB) DOC(52 KB)
Authors: [{'name': 'Heidi HAUTALA', 'mepid': 2054}]
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Indonesia pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union
2021/06/01
Committee: INTA
Dossiers: 2021/0044(NLE)
Documents: PDF(168 KB) DOC(50 KB)
Authors: [{'name': 'Heidi HAUTALA', 'mepid': 2054}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on Machinery products
2022/05/05
Committee: IMCO
Dossiers: 2021/0105(COD)
Documents: PDF(401 KB) DOC(187 KB)
Authors: [{'name': 'Ivan ŠTEFANEC', 'mepid': 124929}]
REPORT on the Indo-Pacific strategy in the area of trade and investment
2022/06/07
Committee: INTA
Dossiers: 2021/2200(INI)
Documents: PDF(205 KB) DOC(76 KB)
Authors: [{'name': 'Jan ZAHRADIL', 'mepid': 23712}]
REPORT on EU-India future trade and investment cooperation
2022/06/22
Committee: INTA
Dossiers: 2021/2177(INI)
Documents: PDF(198 KB) DOC(79 KB)
Authors: [{'name': 'Geert BOURGEOIS', 'mepid': 197467}]
REPORT on a standardisation strategy for the single market
2023/04/12
Committee: IMCO
Dossiers: 2022/2058(INI)
Documents: PDF(205 KB) DOC(62 KB)
Authors: [{'name': 'Adam BIELAN', 'mepid': 23788}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on laying down harmonised rules on Artificial Intelligence (Artificial Intelligence Act) and amending certain Union Legislative Acts
2023/05/22
Committee: IMCOLIBE
Dossiers: 2021/0106(COD)
Documents: PDF(1 MB) DOC(746 KB)
Authors: [{'name': 'Brando BENIFEI', 'mepid': 124867}, {'name': 'Dragoş TUDORACHE', 'mepid': 197665}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market
2023/10/26
Committee: IMCOINTA
Dossiers: 2022/0269(COD)
Documents: PDF(780 KB) DOC(346 KB)
Authors: [{'name': 'Maria-Manuel LEITÃO-MARQUES', 'mepid': 197635}, {'name': 'Samira RAFAELA', 'mepid': 197868}]

Opinions (4)

OPINION on the draft general budget of the European Union for the financial year 2020
2019/09/03
Committee: IMCO
Dossiers: 2019/2028(BUD)
Documents: PDF(131 KB) DOC(74 KB)
Authors: [{'name': 'Svenja HAHN', 'mepid': 197444}]
OPINION on Civil liability regime for artificial intelligence
2020/07/07
Committee: IMCO
Dossiers: 2020/2014(INL)
Documents: PDF(136 KB) DOC(54 KB)
Authors: [{'name': 'Svenja HAHN', 'mepid': 197444}]
OPINION on New Circular Economy Action Plan
2020/11/12
Committee: INTA
Dossiers: 2020/2077(INI)
Documents: PDF(132 KB) DOC(70 KB)
Authors: [{'name': 'Svenja HAHN', 'mepid': 197444}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union and its Member States from economic coercion by third countries
2022/06/22
Committee: IMCO
Dossiers: 2021/0406(COD)
Documents: PDF(210 KB) DOC(174 KB)
Authors: [{'name': 'Svenja HAHN', 'mepid': 197444}]

Shadow opinions (6)

OPINION on artificial intelligence in education, culture and the audiovisual sector
2020/07/06
Committee: IMCO
Dossiers: 2020/2017(INI)
Documents: PDF(136 KB) DOC(73 KB)
Authors: [{'name': 'Kim VAN SPARRENTAK', 'mepid': 197870}]
OPINION on artificial intelligence: questions of interpretation and application of international law in so far as the EU is affected in the areas of civil and military uses and of state authority outside the scope of criminal justice
2020/07/07
Committee: IMCO
Dossiers: 2020/2013(INI)
Documents: PDF(129 KB) DOC(66 KB)
Authors: [{'name': 'Andreas SCHWAB', 'mepid': 28223}]
OPINION with recommendations to the Commission on the framework of ethical aspects of artificial intelligence, robotics and related technologies
2020/07/08
Committee: IMCO
Dossiers: 2020/2012(INL)
Documents: PDF(165 KB) DOC(58 KB)
Authors: [{'name': 'Alexandra GEESE', 'mepid': 183916}]
OPINION on Intellectual property rights for the development of artificial intelligence technologies
2020/07/08
Committee: IMCO
Dossiers: 2020/2015(INI)
Documents: PDF(129 KB) DOC(66 KB)
Authors: [{'name': 'Adam BIELAN', 'mepid': 23788}]
OPINION on artificial intelligence in criminal law and its use by the police and judicial authorities in criminal matters
2020/09/09
Committee: IMCO
Dossiers: 2020/2016(INI)
Documents: PDF(133 KB) DOC(74 KB)
Authors: [{'name': 'Marcel KOLAJA', 'mepid': 197546}]
OPINION with recommendations to the Commission on corporate due diligence and corporate accountability
2020/10/28
Committee: INTA
Dossiers: 2020/2129(INL)
Documents: PDF(136 KB) DOC(51 KB)
Authors: [{'name': 'Bernd LANGE', 'mepid': 1909}]

Institutional motions (191)

MOTION FOR A RESOLUTION on the proposed new Criminal Code of Indonesia
2019/10/21
Dossiers: 2019/2881(RSP)
Documents: PDF(147 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on Egypt
2019/10/21
Dossiers: 2019/2880(RSP)
Documents: PDF(200 KB) DOC(51 KB)
MOTION FOR A RESOLUTION On the situation of LGBTI people in Uganda
2019/10/21
Dossiers: 2019/2879(RSP)
Documents: PDF(146 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the Turkish military operation in northeast Syria and its consequences
2019/10/21
Dossiers: 2019/2886(RSP)
Documents: PDF(158 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the proposed criminal code of Indonesia
2019/10/23
Dossiers: 2019/2881(RSP)
Documents: PDF(150 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on Egypt
2019/10/23
Dossiers: 2019/2880(RSP)
Documents: PDF(160 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the situation of LGBTI people in Uganda
2019/10/23
Dossiers: 2019/2879(RSP)
Documents: PDF(159 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on the continuous violations of human rights in Belarus, in particular the murder of Raman Bandarenka
2020/11/23
Dossiers: 2020/2882(RSP)
Documents: PDF(166 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on the situation in Ethiopia
2020/11/23
Dossiers: 2020/2881(RSP)
Documents: PDF(164 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on the deteriorating situation of human rights in Algeria, in particular the case of journalist Khaled Drareni
2020/11/23
Dossiers: 2020/2880(RSP)
Documents: PDF(147 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on the continuous violations of human rights in Belarus, in particular the murder of Raman Bandarenka
2020/11/25
Dossiers: 2020/2882(RSP)
Documents: PDF(164 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Ethiopia
2020/11/25
Dossiers: 2020/2881(RSP)
Documents: PDF(164 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the deteriorating situation of human rights in Algeria, in particular the case of journalist Khaled Drareni
2020/11/25
Dossiers: 2020/2880(RSP)
Documents: PDF(166 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on Iran, in particular the case of 2012 Sakharov Prize laureate Nasrin Sotoudeh
2020/12/14
Dossiers: 2020/2914(RSP)
Documents: PDF(169 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region
2020/12/14
Dossiers: 2020/2913(RSP)
Documents: PDF(186 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on the deteriorating situation of human rights in Egypt, in particular the case of the activists of the Egyptian Initiative for Personal Rights (EIPR)
2020/12/14
Dossiers: 2020/2912(RSP)
Documents: PDF(163 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on Iran, in particular the case of 2012 Sakharov Prize Laureate Nasrin Sotoudeh
2020/12/16
Dossiers: 2020/2914(RSP)
Documents: PDF(161 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region
2020/12/16
Dossiers: 2020/2913(RSP)
Documents: PDF(170 KB) DOC(58 KB)
JOINT MOTION FOR A RESOLUTION on the deteriorating situation of human rights in Egypt, in particular the case of the activists of the Egyptian Initiative for Personal Rights (EIPR)
2020/12/16
Dossiers: 2020/2912(RSP)
Documents: PDF(159 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on human rights situation in Turkey, notably the case of Selahattin Demirtas and other prisoners of conscience
2021/01/18
Dossiers: 2021/2506(RSP)
Documents: PDF(191 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on human rights situation in Vietnam, in particular the case of human rights journalists Pham Chi Dung, Nguyen Tuong Thuy et Le Huu Minh Tuan
2021/01/18
Dossiers: 2021/2507(RSP)
Documents: PDF(157 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the crackdown on the democratic opposition in Hong Kong
2021/01/18
Dossiers: 2021/2505(RSP)
Documents: PDF(167 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Vietnam, in particular the case of human rights journalists Pham Chi Dung, Nguyen Tuong Thuy and Le Huu Minh Tuan
2021/01/20
Dossiers: 2021/2507(RSP)
Documents: PDF(165 KB) DOC(56 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Turkey, notably the case of Selahattin Demirtaş and other prisoners of conscience
2021/01/20
Dossiers: 2021/2506(RSP)
Documents: PDF(164 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on the crackdown on the democratic opposition in Hong Kong
2021/01/20
Dossiers: 2021/2505(RSP)
Documents: PDF(168 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on human rights situation in Kazakhstan
2021/02/08
Dossiers: 2021/2544(RSP)
Documents: PDF(166 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on the political situation in Uganda
2021/02/08
Dossiers: 2021/2545(RSP)
Documents: PDF(149 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Rwanda, the case of Paul Rusesabagina
2021/02/08
Dossiers: 2021/2543(RSP)
Documents: PDF(146 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the situation in Myanmar
2021/02/08
Dossiers: 2021/2540(RSP)
Documents: PDF(146 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Myanmar
2021/02/09
Dossiers: 2021/2540(RSP)
Documents: PDF(211 KB) DOC(61 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Kazakhstan
2021/02/10
Dossiers: 2021/2544(RSP)
Documents: PDF(177 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the political situation in Uganda
2021/02/10
Dossiers: 2021/2545(RSP)
Documents: PDF(165 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on Rwanda, the case of Paul Rusesabagina
2021/02/10
Dossiers: 2021/2543(RSP)
Documents: PDF(157 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on the situation in Eastern Democratic Republic of Congo and the assassination of the Italian Ambassador Luca Attanasio and his entourage
2021/03/08
Dossiers: 2021/2577(RSP)
Documents: PDF(151 KB) DOC(46 KB)
MOTION FOR A RESOLUTION The human rights situation in the Kingdom of Bahrain, in particular the cases of death row inmates and human rights defenders
2021/03/08
Dossiers: 2021/2578(RSP)
Documents: PDF(154 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on the mass trials against opposition and civil society in Cambodia
2021/03/08
Dossiers: 2021/2579(RSP)
Documents: PDF(153 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in the Kingdom of Bahrain, in particular the cases of death row inmates and human rights defenders
2021/03/10
Dossiers: 2021/2578(RSP)
Documents: PDF(169 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the mass trials against the opposition and civil society in Cambodia
2021/03/10
Dossiers: 2021/2579(RSP)
Documents: PDF(160 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Eastern Democratic Republic of Congo and the assassination of the Italian Ambassador Luca Attanasio and his entourage
2021/03/10
Dossiers: 2021/2577(RSP)
Documents: PDF(163 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the blasphemy laws in Pakistan, in particular the case of Shagufta Kausar and Shafqat Emmanuel
2021/04/28
Dossiers: 2021/2647(RSP)
Documents: PDF(167 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on Bolivia and the arrest of former President Jeanine Añez and other officials
2021/04/28
Dossiers: 2021/2646(RSP)
Documents: PDF(152 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the COVID-19 pandemic in Latin America
2021/04/28
Dossiers: 2021/2645(RSP)
Documents: PDF(190 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on the situation in Chad
2021/05/17
Dossiers: 2021/2695(RSP)
Documents: PDF(156 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the situation in Haiti
2021/05/17
Dossiers: 2021/2694(RSP)
Documents: PDF(160 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on prisoners of war in the aftermath of the most recent conflict between Armenia and Azerbaijan
2021/05/17
Dossiers: 2021/2693(RSP)
Documents: PDF(175 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Chad
2021/05/19
Dossiers: 2021/2695(RSP)
Documents: PDF(156 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Haiti
2021/05/19
Dossiers: 2021/2694(RSP)
Documents: PDF(161 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on prisoners of war in the aftermath of the most recent conflict between Armenia and Azerbaijan
2021/05/19
Dossiers: 2021/2693(RSP)
Documents: PDF(161 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on meeting the global COVID-19 challenge: effects of the waiver of the WTO TRIPS Agreement on COVID-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries
2021/06/02
Dossiers: 2021/2692(RSP)
Documents: PDF(154 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on the situation in Sri Lanka, in particular the arrests under the Prevention of Terrorism Act
2021/06/07
Dossiers: 2021/2748(RSP)
Documents: PDF(156 KB) DOC(47 KB)
MOTION FOR A RESOLUTION The listing of German NGOs as 'undesirable organisations' by Russia and the detention of Andrei Pivovarov
2021/06/07
Dossiers: 2021/2749(RSP)
Documents: PDF(144 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Sri Lanka, in particular the arrests under the Prevention of Terrorism Act
2021/06/09
Dossiers: 2021/2748(RSP)
Documents: PDF(157 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the listing of German NGOs as ‘undesirable organisations’ by Russia and the detention of Andrei Pivovarov
2021/06/09
Dossiers: 2021/2749(RSP)
Documents: PDF(171 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on the death penalty in Saudi Arabia, notably the cases of Mustafa Hashem Al Darwish and Abdullah Al Howaiti
2021/07/05
Dossiers: 2021/2787(RSP)
Documents: PDF(157 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Hong Kong, notably the case of Apple Daily
2021/07/05
Dossiers: 2021/2786(RSP)
Documents: PDF(175 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the case of Ahmadreza Djalali in Iran
2021/07/05
Dossiers: 2021/2785(RSP)
Documents: PDF(156 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the death penalty in Saudi Arabia, notably the cases of Mustafa Hashem al-Darwish and Abdullah al-Howaiti
2021/07/07
Dossiers: 2021/2787(RSP)
Documents: PDF(167 KB) DOC(58 KB)
JOINT MOTION FOR A RESOLUTION on Hong Kong, notably the case of Apple Daily
2021/07/07
Dossiers: 2021/2786(RSP)
Documents: PDF(171 KB) DOC(58 KB)
JOINT MOTION FOR A RESOLUTION on the case of Ahmadreza Djalali in Iran
2021/07/07
Dossiers: 2021/2785(RSP)
Documents: PDF(159 KB) DOC(51 KB)
MOTION FOR A RESOLUTION The situation in Kakuma refugee camp in Kenya
2021/09/13
Dossiers: 2021/2874(RSP)
Documents: PDF(160 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the case of human rights defender Ahmed Mansoor in the UAEon the case of human rights defender Ahmed Mansoor in the UAE
2021/09/13
Dossiers: 2021/2873(RSP)
Documents: PDF(162 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Government crackdown on protests and citizens in Cuba
2021/09/13
Dossiers: 2021/2872(RSP)
Documents: PDF(186 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the situation in Afghanistan
2021/09/14
Dossiers: 2021/2877(RSP)
Documents: PDF(189 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Kakuma refugee camp in Kenya
2021/09/15
Dossiers: 2021/2874(RSP)
Documents: PDF(164 KB) DOC(58 KB)
JOINT MOTION FOR A RESOLUTION on the government crackdown on protests and citizens in Cuba
2021/09/15
Dossiers: 2021/2872(RSP)
Documents: PDF(165 KB) DOC(56 KB)
JOINT MOTION FOR A RESOLUTION on the case of human rights defender Ahmed Mansoor in the United Arab Emirates
2021/09/15
Dossiers: 2021/2873(RSP)
Documents: PDF(172 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on the case of Paul Rusesabagina in Rwanda
2021/10/04
Dossiers: 2021/2906(RSP)
Documents: PDF(146 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the human rights situation in Myanmar, including the situation of religious and ethnic groups
2021/10/04
Dossiers: 2021/2905(RSP)
Documents: PDF(154 KB) DOC(46 KB)
MOTION FOR A RESOLUTION The state law relating to abortion in Texas, USA
2021/10/04
Dossiers: 2021/2910(RSP)
Documents: PDF(168 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Myanmar, including the situation of religious and ethnic groups
2021/10/06
Dossiers: 2021/2905(RSP)
Documents: PDF(173 KB) DOC(60 KB)
JOINT MOTION FOR A RESOLUTION on the case of Paul Rusesabagina in Rwanda
2021/10/06
Dossiers: 2021/2906(RSP)
Documents: PDF(153 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on the state law relating to abortion in Texas, USA
2021/10/06
Dossiers: 2021/2910(RSP)
Documents: PDF(257 KB) DOC(59 KB)
MOTION FOR A RESOLUTION on the situation in Cuba, namely the cases of José Daniel Ferrer, Lady in White Aymara Nieto, Maykel Castillo, Luis Robles, Félix Navarro, Luis Manuel Otero, Reverend Lorenzo Rosales Fajardo, Andy Dunier García and Yunior García Aguilera
2021/12/13
Dossiers: 2021/3019(RSP)
Documents: PDF(153 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on continuous crackdown on civil society and human rights defenders in Russia: the case of Human Rights organisation Memorial
2021/12/13
Dossiers: 2021/3018(RSP)
Documents: PDF(159 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on forced labour in the Linglong factory and environmental protests in Serbia
2021/12/13
Dossiers: 2021/3020(RSP)
Documents: PDF(147 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on the continuous crackdown on civil society and human rights defenders in Russia: the case of human rights organisation Memorial
2021/12/15
Dossiers: 2021/3018(RSP)
Documents: PDF(163 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on forced labour in the Linglong factory and environmental protests in Serbia
2021/12/15
Dossiers: 2021/3020(RSP)
Documents: PDF(154 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on the political crisis in Sudan
2022/01/17
Dossiers: 2022/2504(RSP)
Documents: PDF(150 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the situation in Kazakhstan
2022/01/17
Dossiers: 2022/2505(RSP)
Documents: PDF(179 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on violations of fundamental freedoms in Hong Kong
2022/01/17
Dossiers: 2022/2503(RSP)
Documents: PDF(173 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on the political crisis in Sudan
2022/01/19
Dossiers: 2022/2504(RSP)
Documents: PDF(219 KB) DOC(59 KB)
JOINT MOTION FOR A RESOLUTION on violations of fundamental freedoms in Hong Kong
2022/01/19
Dossiers: 2022/2503(RSP)
Documents: PDF(171 KB) DOC(59 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Kazakhstan
2022/01/19
Dossiers: 2022/2505(RSP)
Documents: PDF(167 KB) DOC(58 KB)
MOTION FOR A RESOLUTION the political crisis in Burkina Faso
2022/02/14
Dossiers: 2022/2542(RSP)
Documents: PDF(157 KB) DOC(46 KB)
MOTION FOR A RESOLUTION the recent human rights developments in the Philippines
2022/02/14
Dossiers: 2022/2540(RSP)
Documents: PDF(157 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the death penalty in Iran
2022/02/14
Dossiers: 2022/2541(RSP)
Documents: PDF(170 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the death penalty in Iran
2022/02/16
Dossiers: 2022/2541(RSP)
Documents: PDF(156 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the political crisis in Burkina Faso
2022/02/16
Dossiers: 2022/2542(RSP)
Documents: PDF(159 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on the recent human rights developments in the Philippines
2022/02/16
Dossiers: 2022/2540(RSP)
Documents: PDF(161 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on the situation of journalists and human rights defenders in Mexico
2022/03/07
Dossiers: 2022/2580(RSP)
Documents: PDF(156 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on destruction of cultural heritage in Nagorno-Karabakh
2022/03/07
Dossiers: 2022/2582(RSP)
Documents: PDF(165 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on Myanmar, one year after the coup
2022/03/07
Dossiers: 2022/2581(RSP)
Documents: PDF(150 KB) DOC(46 KB)
on the situation of journalists and human rights defenders in Mexico
2022/03/09
Dossiers: 2022/2580(RSP)
Documents: PDF(158 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the destruction of cultural heritage in Nagorno-Karabakh
2022/03/09
Dossiers: 2022/2582(RSP)
Documents: PDF(158 KB) DOC(53 KB)
Myanmar, one year after the coup
2022/03/09
Dossiers: 2022/2581(RSP)
Documents: PDF(176 KB) DOC(59 KB)
MOTION FOR A RESOLUTION the EU Protection of children and young people fleeing because of the war in Ukraine
2022/04/05
Dossiers: 2022/2618(RSP)
Documents: PDF(198 KB) DOC(60 KB)
JOINT MOTION FOR A RESOLUTION on the reports of continued organ harvesting in China
2022/05/04
Dossiers: 2022/2657(RSP)
Documents: PDF(156 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the continuous crackdown of political opposition in Cambodia
2022/05/04
Dossiers: 2022/2658(RSP)
Documents: PDF(165 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the case of Osman Kavala in Turkey
2022/05/04
Dossiers: 2022/2656(RSP)
Documents: PDF(167 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on the instrumentalisation of justice as a repressive tool in Nicaragua
2022/06/07
Dossiers: 2022/2701(RSP)
Documents: PDF(149 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on reports of the human rights situation in Xinjiang, including the Xinjiang police files
2022/06/07
Dossiers: 2022/2700(RSP)
Documents: PDF(155 KB) DOC(47 KB)
MOTION FOR A RESOLUTION On Violations of media freedom and safety of journalists in Georgia
2022/06/07
Dossiers: 2022/2702(RSP)
Documents: PDF(159 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Xinjiang, including the Xinjiang police files
2022/06/08
Dossiers: 2022/2700(RSP)
Documents: PDF(169 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on violations of media freedom and the safety of journalists in Georgia
2022/06/08
Dossiers: 2022/2702(RSP)
Documents: PDF(157 KB) DOC(53 KB)
on the instrumentalisation of justice as a repressive tool in Nicaragua
2022/06/08
Dossiers: 2022/2701(RSP)
Documents: PDF(156 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on the arrest of Cardinal Zen and the trustees of the 612 relief fund in Hong Kong
2022/07/04
Dossiers: 2022/2751(RSP)
Documents: PDF(148 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the situation of indigenous and environmental defenders in Brazil, including the killing of Dom Philips and Bruno Pereira
2022/07/04
Dossiers: 2022/2752(RSP)
Documents: PDF(176 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the situation in Tajikistan’s Gorno-Badakhshan Autonomous Province
2022/07/04
Dossiers: 2022/2753(RSP)
Documents: PDF(147 KB) DOC(46 KB)
on the arrest of Cardinal Zen and the trustees of the 612 relief fund in Hong Kong
2022/07/06
Dossiers: 2022/2751(RSP)
Documents: PDF(157 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Tajikistan’s Gorno-Badakhshan Autonomous Province
2022/07/06
Dossiers: 2022/2753(RSP)
Documents: PDF(156 KB) DOC(53 KB)
on the situation of indigenous and environmental defenders in Brazil, including the killing of Dom Phillips and Bruno Pereira
2022/07/06
Dossiers: 2022/2752(RSP)
Documents: PDF(153 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on human rights violations in the context of forced deportation of Ukrainian civilians to and forced adoption of Ukrainian children in Russia
2022/09/12
Documents: PDF(182 KB) DOC(47 KB)
MOTION FOR A RESOLUTION Nicaragua, in particular the arrest of the Bishop Rolando Álvarez
2022/09/12
Dossiers: 2022/2827(RSP)
Documents: PDF(153 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the situation in the Strait of Taiwan
2022/09/12
Dossiers: 2022/2822(RSP)
Documents: PDF(149 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on the situation in the Strait of Taiwan
2022/09/13
Documents: PDF(160 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on human rights violations in the context of the forced deportation of Ukrainian civilians to and the forced adoption of Ukrainian children in Russia
2022/09/14
Documents: PDF(165 KB) DOC(56 KB)
JOINT MOTION FOR A RESOLUTION on Nicaragua, in particular the arrest of the bishop Rolando Álvarez
2022/09/14
Documents: PDF(159 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on the situation of human rights in Haiti in particular related to gang violence
2022/10/03
Dossiers: 2022/2856(RSP)
Documents: PDF(160 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the Media freedom crackdown in Myanmar, notably the cases of Htet Htet Khine, Sithu Aung Myint and Nyein Nyein Aye
2022/10/03
Dossiers: 2022/2857(RSP)
Documents: PDF(165 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the recent humanitarian and human rights situation in Tigray, Ethiopia, notably that of children
2022/10/03
Dossiers: 2022/2858(RSP)
Documents: PDF(152 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the Media freedom crackdown in Myanmar, notably the cases of Htet Htet Khine, Sithu Aung Myint and Nyein Nyein Aye
2022/10/05
Documents: PDF(182 KB) DOC(56 KB)
JOINT MOTION FOR A RESOLUTION on the recent humanitarian and human rights situation in Tigray, Ethiopia, notably that of children
2022/10/05
Documents: PDF(161 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the situation of human rights in Haiti in particular related to gang violence
2022/10/05
Documents: PDF(167 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on human rights in the context of the FIFA world cup in Qatar
2022/11/22
Dossiers: 2022/2948(RSP)
Documents: PDF(152 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the situation of human rights in the context of the FIFA World Cup in Qatar
2022/11/23
Documents: PDF(176 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on the Military junta crackdown on peaceful demonstrations in Chad
2022/12/12
Dossiers: 2022/2993(RSP)
Documents: PDF(146 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the Chinese government crackdown on the peaceful protests across the People's Republic of China
2022/12/12
Dossiers: 2022/2992(RSP)
Documents: PDF(154 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the case of human rights defender Abdulhadi Al-Khawaja in Bahrain
2022/12/12
Dossiers: 2022/2994(RSP)
Documents: PDF(149 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the military junta crackdown on peaceful demonstrations in Chad
2022/12/14
Documents: PDF(162 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the Chinese Government crackdown on the peaceful protests across the People’s Republic of China
2022/12/14
Documents: PDF(162 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on the humanitarian consequences of the blockade in Nagorno-Karabakh
2023/01/16
Dossiers: 2023/2504(RSP)
Documents: PDF(147 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on the establishment of a tribunal on the crime of aggression against Ukraine
2023/01/16
Dossiers: 2022/3017(RSP)
Documents: PDF(149 KB) DOC(48 KB)
MOTION FOR A RESOLUTION The situation of journalists in Morocco, notably the case of Omar Radi
2023/01/16
Dossiers: 2023/2506(RSP)
Documents: PDF(140 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on the storming of Brazilian democratic institutions
2023/01/16
Dossiers: 2023/2505(RSP)
Documents: PDF(152 KB) DOC(44 KB)
JOINT MOTION FOR A RESOLUTION on the humanitarian consequences of the blockade in Nagorno-Karabakh
2023/01/18
Documents: PDF(145 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the establishment of a tribunal on the crime of aggression against Ukraine
2023/01/18
Documents: PDF(165 KB) DOC(54 KB)
JOINT MOTION FOR A RESOLUTION on the storming of the Brazilian democratic institutions
2023/01/18
Documents: PDF(143 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on the situation of journalists in Morocco, notably the case of Omar Radi
2023/01/18
Documents: PDF(144 KB) DOC(44 KB)
MOTION FOR A RESOLUTION the recent deterioration of the inhuman imprisonment conditions of Alexei Navalny and other political prisoners in Russia
2023/02/13
Dossiers: 2023/2553(RSP)
Documents: PDF(147 KB) DOC(44 KB)
MOTION FOR A RESOLUTION the situation of human rights defenders in Eswatini, notably the murder of Thulani Maseko
2023/02/13
Dossiers: 2023/2551(RSP)
Documents: PDF(140 KB) DOC(43 KB)
MOTION FOR A RESOLUTION on violence against opposition activists in Equatorial Guinea, notably the case of Julio Obama Mefuman
2023/02/13
Dossiers: 2023/2552(RSP)
Documents: PDF(144 KB) DOC(44 KB)
JOINT MOTION FOR A RESOLUTION on the inhuman imprisonment conditions of Alexei Navalny
2023/02/15
Documents: PDF(146 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on the situation of human rights defenders in Eswatini, notably the murder of Thulani Maseko
2023/02/15
Documents: PDF(145 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on violence against opposition activists in Equatorial Guinea, notably the case of Julio Obama Mefuman
2023/02/15
Documents: PDF(145 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Tunisia: Recent attacks against freedom of expression and association and trade unions, in particular the case of journalist Noureddine Boutar
2023/03/13
Dossiers: 2023/2588(RSP)
Documents: PDF(142 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on Cambodia: the case of opposition leader Kem Sokha
2023/03/13
Dossiers: 2023/2589(RSP)
Documents: PDF(141 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on the recent poisoning of hundreds of school girls in Iran
2023/03/13
Dossiers: 2023/2587(RSP)
Documents: PDF(140 KB) DOC(44 KB)
JOINT MOTION FOR A RESOLUTION on recent attacks in Tunisia against freedom of expression and association, and against trade unions, in particular the case of journalist Noureddine Boutar
2023/03/15
Documents: PDF(148 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on Iran, in particular the poisoning of hundreds of schoolgirls
2023/03/15
Documents: PDF(145 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on Cambodia: the case of opposition leader Kem Sokha
2023/03/15
Documents: PDF(145 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on the risk of death penalty and execution of singer Yahaya Sharif Aminu for blasphemy in Nigeria
2023/04/17
Dossiers: 2023/2650(RSP)
Documents: PDF(149 KB) DOC(44 KB)
MOTION FOR A RESOLUTION The crackdown on the right to education and education rights activists in Afghanistan, including the case of Matiullah Wesa
2023/04/17
Dossiers: 2023/2648(RSP)
Documents: PDF(140 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on the universal decriminalisation of homosexuality in the light of recent developments in Uganda
2023/04/18
Dossiers: 2023/2643(RSP)
Documents: PDF(171 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the universal decriminalisation of homosexuality in the light of recent developments in Uganda
2023/04/19
Documents: PDF(185 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on the risk of the death penalty and the execution of singer Yahaya Sharif-Aminu for blasphemy in Nigeria
2023/04/19
Documents: PDF(146 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the crackdown on the right to education and education rights activists in Afghanistan, including the case of Matiullah Wesa
2023/04/19
Documents: PDF(146 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on Belarus: the inhumane treatment and hospitalization of prominent opposition leader Viktar Babaryka
2023/05/08
Dossiers: 2023/2693(RSP)
Documents: PDF(148 KB) DOC(45 KB)
MOTION FOR A RESOLUTION Myanmar notably the dissolution of democratic political parties
2023/05/08
Dossiers: 2023/2694(RSP)
Documents: PDF(146 KB) DOC(43 KB)
MOTION FOR A RESOLUTION Media freedom and freedom of expression in Algeria, the case of Ihsane El-Kadi
2023/05/08
Dossiers: 2023/2661(RSP)
Documents: PDF(137 KB) DOC(43 KB)
JOINT MOTION FOR A RESOLUTION on Belarus: the inhumane treatment and hospitalisation of prominent opposition leader Viktar Babaryka
2023/05/10
Documents: PDF(146 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on media freedom and freedom of expression in Algeria – the case of journalist Ihsane El-Kadi
2023/05/10
Documents: PDF(147 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on Myanmar, notably the dissolution of democratic political parties
2023/05/10
Documents: PDF(144 KB) DOC(45 KB)
MOTION FOR A RESOLUTION The political disqualifications in Venezuela
2023/07/10
Dossiers: 2023/2780(RSP)
Documents: PDF(140 KB) DOC(43 KB)
MOTION FOR A RESOLUTION India, the situation in Manipur
2023/07/10
Dossiers: 2023/2781(RSP)
Documents: PDF(139 KB) DOC(43 KB)
MOTION FOR A RESOLUTION crackdown on the media and freedom of expression in Kyrgyzstan
2023/07/10
Dossiers: 2023/2782(RSP)
Documents: PDF(153 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on India, the situation in Manipur
2023/07/12
Documents: PDF(144 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on the crackdown on the media and freedom of expression in Kyrgyzstan
2023/07/12
Documents: PDF(145 KB) DOC(44 KB)
JOINT MOTION FOR A RESOLUTION on the political disqualifications in Venezuela
2023/07/12
Documents: PDF(144 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the human rights situation in Bangladesh, notably the case of Odhikar
2023/09/11
Dossiers: 2023/2833(RSP)
Documents: PDF(141 KB) DOC(44 KB)
MOTION FOR A RESOLUTION Guatemala: the situation after the elections, the rule of law and judicial independence
2023/09/11
Dossiers: 2023/2831(RSP)
Documents: PDF(142 KB) DOC(44 KB)
MOTION FOR A RESOLUTION The case of Dr Gubad Ibadoghlu, imprisoned in Azerbaijan
2023/09/11
Dossiers: 2023/2832(RSP)
Documents: PDF(147 KB) DOC(68 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Bangladesh, notably the case of Odhikar
2023/09/13
Documents: PDF(145 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on the case of Dr Gubad Ibadoghlu, imprisoned in Azerbaijan
2023/09/13
Documents: PDF(143 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on Guatemala: the situation after the elections, the rule of law and judicial independence
2023/09/13
Documents: PDF(146 KB) DOC(46 KB)
MOTION FOR A RESOLUTION the case of Zarema Musaeva in Chechnya
2023/10/02
Dossiers: 2023/2882(RSP)
Documents: PDF(146 KB) DOC(43 KB)
MOTION FOR A RESOLUTION Egypt, in particular the sentencing of Hisham Kassem
2023/10/02
Dossiers: 2023/2883(RSP)
Documents: PDF(140 KB) DOC(44 KB)
MOTION FOR A RESOLUTION human rights situation in Afghanistan, in particular the persecution of former government officials
2023/10/02
Dossiers: 2023/2881(RSP)
Documents: PDF(141 KB) DOC(43 KB)
JOINT MOTION FOR A RESOLUTION on the case of Zarema Musaeva in Chechnya
2023/10/04
Documents: PDF(149 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on Egypt, in particular the sentencing of Hisham Kassem
2023/10/04
Documents: PDF(143 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Afghanistan, in particular the persecution of former government officials
2023/10/04
Documents: PDF(149 KB) DOC(45 KB)
MOTION FOR A RESOLUTION the latest attacks against women, women's rights defenders in Iran, and its arbitrary detention of EU nationals
2023/11/20
Dossiers: 2023/2979(RSP)
Documents: PDF(140 KB) DOC(43 KB)
MOTION FOR A RESOLUTION the killing of Tamaz Ginturi, a Georgian citizen, by Russia’s occupying forces in Georgia
2023/11/20
Dossiers: 2023/2981(RSP)
Documents: PDF(158 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on the unlawful detention of President Mohamed Bazoum in Niger
2023/11/20
Dossiers: 2023/2980(RSP)
Documents: PDF(141 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the latest attacks against women and women’s rights defenders in Iran, and Iran’s arbitrary detention of EU nationals
2023/11/22
Documents: PDF(146 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the latest attacks against women and women’s rights defenders in Iran, and Iran’s arbitrary detention of EU nationals
2023/11/22
Documents: PDF(146 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the Georgian citizens Tamaz Ginturi killed and Levan Dotiashvili abducted by the Russian occupation forces in the occupied Tskhinvali region of Georgia
2023/11/22
Documents: PDF(146 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the unlawful detention of President Mohamed Bazoum in Niger
2023/11/22
Documents: PDF(145 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the unknown status of Mikalai Statkevich and the recent attacks on Belarussian politicians’ and activists’ family members
2023/12/11
Dossiers: 2023/3023(RSP)
Documents: PDF(142 KB) DOC(44 KB)
MOTION FOR A RESOLUTION the abduction of Tibetan children and forced assimilation practices through Chinese boarding schools in Tibet
2023/12/11
Dossiers: 2023/3025(RSP)
Documents: PDF(160 KB) DOC(44 KB)
JOINT MOTION FOR A RESOLUTION on the abduction of Tibetan children and forced assimilation practices through Chinese boarding schools in Tibet
2023/12/13
Documents: PDF(159 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the unknown status of Mikola Statkevich and the recent attacks on Belarusian politicians’ and activists’ family members
2023/12/13
Documents: PDF(145 KB) DOC(44 KB)

Oral questions (4)

The use of contact tracing apps in the fight against the coronavirus
2020/04/16
Documents: PDF(49 KB) DOC(11 KB)
The use of contact tracing apps in the fight against the coronavirus
2020/04/16
Documents: PDF(49 KB) DOC(11 KB)
Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the adopted legal changes in the Hungarian Parliament
2021/06/22
Documents: PDF(55 KB) DOC(11 KB)
The Dutch childcare benefit scandal, institutional racism and algorithms
2022/06/28
Documents: PDF(51 KB) DOC(11 KB)

Written explanations (93)

Macro-financial assistance to Jordan (A9-0045/2019 - Luisa Regimenti)

. ‒ I would like to state that my support for this report, whose rapporteur is from ID Group, cannot in any way link me to this political group and the Eurosceptic positions it conveys, against which I am firmly opposed.
2019/12/17
Fair taxation in a digitalised and globalised economy - BEPS 2.0 (B9-0238/2019)

Wir lehnen eine aggressive Steuervermeidung von multinationalen Konzernen ab. Ideen wie eine Digitalsteuer innerhalb Europas lösen dieses Problem nicht. Das Base Erosion and Profit Shifting (BEPS) ist ein Programm zur Reduzierung von Steuerverschiebung und Gestaltung auf OECD-Ebene, mit Säule 1 zur gerechteren Aufteilung der Besteuerungsrechte und Säule 2 zur weltweiten Bekämpfung von Gewinnverkürzung (GloBE). Das Parlament begleitet diesen Prozess mit einer Entschließung. Grundsätzlich unterstützen wir den laufenden globalen Prozess auf OECD-/G20-Ebene zu „No Tax“- bzw. „Very Low Tax“ -Jurisdiktionen unter dem Begriff BEPS 2.0. Hierbei ist eine gemeinsame konsolidierte Basis zur Bemessung von Steuern der richtige Ansatz, um auf der Basis einer transparenten Besteuerungsgrundlage fairen Steuerwettbewerb zu garantieren und durchzusetzen.Jedoch mussten wir uns letztlich bei der Abstimmung zu der Entschließung enthalten, da diese eine Klausel zur Aufhebung des Einstimmigkeitsprinzips im Rat enthielt. Auch wenn die qualifizierte Mehrheit die Entscheidungsfindung bei Politikfeldern, wie zum Beispiel der Außenpolitik, erleichtert und verkürzt, lehnen wir sie bei Steuerfragen entschieden ab. Eine EU-Steuerpolitik mit qualifizierter Mehrheit ist nahezu sicher eine Hochsteuerpolitik. Es besteht darüber hinaus die Gefahr, dass Koalitionen für neue Steuern oder andere Maßnahmen zur Ausschaltung des Steuerwettbewerbs gefunden werden. Die Erhebung von Steuern soll auch weiterhin ein Privileg der Mitgliedstaaten bleiben.
2019/12/18
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (A9-0004/2020 - Guy Verhofstadt)

Voting in favour of the Withdrawal Agreement is not a vote of support for the United Kingdom leaving the European Union but a vote for a negotiated, orderly Brexit under mutually agreed provisions as opposed to a hard Brexit that would be devastating for all.
2020/01/29
Competition policy - annual report 2019 (A9-0022/2020 - Stéphanie Yon-Courtin)

Currently all Member States of the European Economic Area exempt aviation fuels sold to aircraft on international trips from taxation. As air traffic is an international business, unilateral solutions are not suggested. Firstly, it is difficult to measure the proportion flown or only absorbed in a member state. Secondly, airlines could be incentivised to engage in ‘fuel tourism’, meaning refuelling kerosene abroad before being taxed. Bilateral agreements between Member States on taxing fuels on flights would result in aircraft operators registered in non-EU states being subject to separate bilateral air service agreements that prohibits states from taxing fuels. Such a situation bears the danger to negatively distort the competitive market. For these reasons, we had to reject amendment 16/24.
2020/06/18
The reopening of the investigation against the Prime Minister of the Czech Republic on the misuse of EU funds and potential conflicts of interest (B9-0192/2020)

Der Kampf gegen Korruption und mögliche illegitime Verwendung von EU-Geldern liegt uns Freien Demokraten im Europäischen Parlament besonders am Herzen.Deswegen habe ich der Gesamtentschließung zugestimmt.Gegen einzelne Teile der Entschließung habe ich aber votiert, da diese rechtsstaatliche Verfahren vorwegnehmen. Diese Teile der Entschließung sind fachlich nicht korrekt bzw. führen zu einer Vorverurteilung. Ich bin der Ansicht, dass die rechtlichen Schritte in Tschechien und alle Ermittlungen der Kommission abzuwarten sind. Bis zum Abschluss aller von der EU und den nationalen Rechtsrahmen vorgesehenen Verfahren gilt daher die Unschuldsvermutung.Grundsätzlich möchte ich betonen, dass Rechtsstaatlichkeit und Demokratie in Tschechien nicht in Frage stehen.(vgl. Freedom House Index, Global Freedom Score Tschechien: 91/100, Polen: 84/100; Frankreich 90/100, Griechenland: 88/100; Ungarn 70/100, Italien 89/100).
2020/06/19
Banking Union - annual report 2019 (A9-0026/2020 - Pedro Marques)

Wir Freien Demokraten im Europäischen Parlament lehnen eine Risikoteilung bei der Einlagensicherung ohne adäquate Möglichkeiten einer Risikokontrolle grundsätzlich ab. Im Bereich der Einlagensicherung entsteht bei einer Risikoumverteilung unter sehr unterschiedlichen Ausgangsbedingungen der einzelnen Länder, Banken und Sicherungssysteme eine ungesteuerte Transferunion. Dies ginge zu Lasten der Einleger und Kreditinstitute, letztlich auch zu Lasten der Steuerzahler in Ländern mit funktionierenden Sicherungssystemen, deren Haftungsrisiken innerhalb der Eurozone steigen würden.Die Zeit ist noch nicht reif für ein europäisches Einlagensicherungssystem. Hierzu müssen zunächst die Risiken in den Bankbilanzen weiter reduziert werden. In der Zwischenzeit ist das deutsche Einlagensicherungssystem und insbesondere die volle Funktionsfähigkeit der Institutssicherungssysteme der Sparkassen und Genossenschaftsbanken zu garantieren.Hingegen unterstützen wir, dass der Bericht, explizit auf die funktionierenden institutsbezogenen Sicherungssysteme – wie die Institutssicherungssysteme der Sparkassen und Genossenschaftsbanken hinweist und die Kommission auffordert diese für die Weiterentwicklung von EDIS zu analysieren.
2020/06/19
Implementation of the common commercial policy – annual report 2018 (A9-0160/2020 - Jörgen Warborn)

Der Bericht ist ausgewogen und vermittelt ein zutreffendes Bild der Hauptthemen und aktuellen Fragen der EU-Handelspolitik, einschließlich der Stärkung von Handel und nachhaltiger Entwicklung, sowie der Durchsetzung von Abkommen. Da der geänderte Bericht jedoch eine Passage enthält, die die Ratifizierung des EU-Mercosur-Abkommens ablehnt, kann ich den Bericht in seiner endgültigen Form nicht unterstützen.
2020/10/07
Common agricultural policy: financing, management and monitoring (A8-0199/2019 - Ulrike Müller)

. – Das Europäische Parlament bestimmte seinen Standpunkt für die Reform der Gemeinsamen Agrarpolitik (GAP). Diese setzt sich aus drei verschiedenen Berichten zusammen. Der horizontalen Verordnung (MÜLLER-Bericht), den Strategieplänen (JAHR-Bericht) sowie dem Bericht zur gemeinsamen Marktorganisation (ANDRIEU-Bericht).Wir Freie Demokraten haben bei der finalen Abstimmung gegen den MÜLLER- und ANDRIEU-Bericht gestimmt, da diese nach der Abstimmung von Änderungsanträgen nicht unserer Vision einer nachhaltigen, effizienten und produktiven Landwirtschaft entsprechen. Wir sind gegen ein Hybridmodell, welches das Cross-Compliance-Modell und das Performance-Modell verbindet. Dadurch werden lediglich mehr Bürokratielasten für Landwirte entstehen. Landwirte gehören aufs Feld und nicht hinter den Schreibtisch.Der Wechsel zu einem reinen Performance-Modell wäre ein großer Schritt in Richtung Bürokratieabbau gewesen. Damit wären die Mitgliedstaaten stärker in der Verantwortung gewesen, die Ergebnisse zu kontrollieren. Wir müssen dazu kommen, stärker das Ergebnis in den Fokus zu nehmen, als bei jedem einzelnen Landwirt Cross-Compliance-Prüfungen durchzuführen. Das Europäische Parlament fordert nun ein Hybridmodell, was mehr Bürokratie bedeutet. Das können wir Freie Demokraten nicht mittragen.Das Verhandlungsmandat zur GAP (JAHR-Bericht) wird von den Freien Demokraten mitgetragen. Der Kompromiss bildet gute Grundlage für die Verhandlungen mit dem Rat. Ziel ist es, Landwirte für ihre gesellschaftlichen Leistungen an Natur und Umwelt stärker als bisher zu honorieren.
2020/10/23
Towards a more sustainable single market for business and consumers (A9-0209/2020 - David Cormand)

Der Binnenmarkt mit seinen zahlreichen Unternehmen und rund 450 Millionen Menschen ist der Hebel, die ehrgeizige Idee des europäischen Green Deals in konkrete Politik umzusetzen. Denn wir müssen heute Politik gestalten für eine ökologisch und ökonomisch verantwortungsbewusste Zukunft. Dieser Bericht ist jedoch nicht der Weg in diese Zukunft. Er atmet einen protektionistischen Geist und würde enorme bürokratische Belastungen für die europäische Wirtschaft schaffen. Die viel zu weitgehenden Regulierungsvorschläge würden insbesondere kleinen und mittleren Unternehmen sowie Startups erheblich schaden. Deshalb habe ich gegen den Bericht gestimmt. Statt Wirtschaftswachstum zu verdammen und Unternehmen staatlicherseits einzuschränken, sollten wir neues, nachhaltigeres Wachstum ermöglichen. Für Fortschritt durch Innovation ist die soziale Marktwirtschaft der richtige Weg.
2020/11/25
A New Industrial Strategy for Europe (A9-0197/2020 - Carlo Calenda)

Wir Freie Demokraten im Europarlament stehen für eine Industriestrategie, die mit Innovation, fairem Wettbewerb und Handel nachhaltiges Wachstum und Wohlstand für möglichst viele erreichen will. Diesen Anforderungen wird dieser Bericht nicht gerecht. Entscheidende Aspekte für eine zukünftige europäische Industriestrategie werden nicht genannt, z. T. falsche Weichenstellungen vorgenommen.Es fehlt nicht nur das Ziel, Technologieführerschaft anzustreben und so u. a. europäische Standards global durchzusetzen, sondern ebenso ein klares Bekenntnis zum regelbasierten Freihandel. Es sind jedoch Freihandel und Marktwirtschaft, die Millionen von Menschen weltweit aus der Armut befreit haben.Stattdessen werden über ein – wenn auch vorübergehendes – Verbot von ausländischen Übernahmen europäischer Unternehmen und die Verknüpfung von Beihilfen mit lokaler Produktion protektionistische Tendenzen vorangetrieben.Wir fordern hingegen eine Industriestrategie für Europa, die der Industrie hilft, Klima- und Kreislaufwirtschaftsziele zu erreichen sowie durch die Entfesselung der Digitalwirtschaft Wachstum und Arbeitsplätze zu schaffen und die die industrielle Souveränität Europas sichert, ohne in Protektionismus zu verfallen.
2020/11/25
Improving development effectiveness and efficiency of aid (A9-0212/2020 - Tomas Tobé)

Die Freien Demokraten haben sich bei diesem Bericht enthalten, da die klare Aussage, dass Entwicklungshilfe nicht von einer Zusammenarbeit beim Thema Migration und Sicherheit abhängig gemacht werden darf, aus dem Text gestrichen wurde. Wir Freien Demokraten wollen, dass die Europäische Union Politik aus einem Guss macht. Das heißt, dass alle Politikfelder miteinander koordiniert werden sollen. Das gilt auch für die Entwicklungszusammenarbeit. Jedoch dient die Entwicklungszusammenarbeit insbesondere der Verbesserung der Lebenssituation in den Partnerstaaten. Daher darf eine Unterstützung nicht ausschließlich von bestimmten Kriterien abhängig gemacht werden, sondern muss sich in einem Gesamtkonzept wiederfinden.
2020/11/25
Objection pursuant to Rule 112: Lead in gunshot in or around wetlands (B9-0365/2020)

Wir Freie Demokraten im Europarlament stehen hinter einem Verbot des Eintrags von Bleischrot in Feuchtgebiete, zu dem sich die EU im AEWA-Abkommen international verpflichtet hat. Geregelt ist dies bereits in 23 Mitgliedstaaten und in 14 deutschen Bundesländern.Trotzdem mussten wir der vorgeschlagenen Art und Weise der unionsweiten Umsetzung durch die Europäische Kommission widersprechen, damit der Gesetzesvorschlag zur weiteren Überarbeitung an die Fachgremien zurücküberwiesen wird. Denn eine eindeutige, praktisch vollstreckbare Definition von Feuchtgebieten ist entscheidend für erfolgreiche Vollstreckung. Die herangezogene Definition nach Ramsar bleibt, ohne die zugehörige Liste international ausgewiesener Feuchtgebiete dafür mit umschließender Pufferzone, für Schützen wie Vollzugsbeamte in der Praxis jedoch nicht bestimmbar.Zudem soll das bloße mitführen bleihaltiger Munition in betroffenen Gebieten verboten werden. Hier macht es sich der Gesetzgeber zu einfach, wenn er die Beweislast umkehrt - und damit implizit ein weitergehendes Verbot herbeiführt wo Schützen aus Unsicherheit vorsorglich ganz auf Bleischrot verzichten. Auch die Auswirkungen auf Schießstände internationale Wettbewerbe scheinen nicht abschließend geklärt.Stattdessen hätten wir einen Ansatz befürwortet, der via Verpflichtung zur Nutzung Bester-Verfügbarer-Technik dynamische Anreize zur Verbesserung alternativer Munition setzt und zudem die Bedürfnisse und möglichen Beiträge von Schießständen, insbesondere von Vereinsgetragenen, klarer in den Fokus rückt.
2020/11/25
Interinstitutional Agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (A9-0261/2020 - Esteban González Pons)

Die FDP-EU-Abgeordneten unterstützen die Einigung zum Mehrjährigen Finanzrahmen der EU (MFR). Deshalb unterstützen sie auch das Interinstitutional Agreement (IIA) als Teil dieser Einigung. Dennoch sehen die FDP-Abgeordneten den im IIA inbegriffenen Fahrplan zur Einführung neuer Eigenmittel kritisch. Die Zustimmung zum heute abgestimmten IIA ist eine Zustimmung zum MFR, aber nicht zu neuen Eigenmitteln der EU.
2020/12/16
A new strategy for European SMEs (A9-0237/2020 - Paolo Borchia)

. ‒ I would like to state that my support for this report, whose rapporteur is from the ID Group, cannot in any way link me to this political group and the Eurosceptic positions it conveys, to which I am firmly opposed.
2020/12/16
Sustainable corporate governance (A9-0240/2020 - Pascal Durand)

. – I am in favour of sustainable corporate governance and find it important that enterprises of all sizes adhere to responsible business conduct, but this own initiative report is in my opinion too far-reaching and imposes unnecessary burdens on SMEs in particular. I think it is important to ensure that the proposals have an actual impact on safeguarding human rights while balancing the increased bureaucratic consequences on company level.
2020/12/17
Artificial intelligence: questions of interpretation and application of international law (A9-0001/2021 - Gilles Lebreton)

. – I would like to state that my support for this report, whose rapporteur is from ID Group, cannot in any way link me to this political group and the Eurosceptic positions it conveys, against which I am firmly opposed.
2021/01/20
Decent and affordable housing for all (A9-0247/2020 - Kim Van Sparrentak)

. – Bezahlbares Wohnen, ausreichender Wohnraum und der Schutz von Mieterinnen und Mietern sind sehr wichtige Themen, bei denen wir an Lösungen für gravierende Probleme arbeiten müssen. Der vorliegende Bericht geht diese Probleme allerdings grundsätzlich falsch an und ist ein Angriff auf liberale Grundprinzipien wie die soziale Marktwirtschaft und das Recht auf Eigentum. Zahlreiche Aufrufe des Berichts würden weder zu einer besseren Situation in angespannten Wohnungsmärkten noch zu mehr gesamtgesellschaftlichem Zusammenhalt führen. Aus diesen Gründen habe ich gegen den Bericht gestimmt.
2021/01/21
The right to disconnect (A9-0246/2020 - Alex Agius Saliba)

. – Insbesondere in Zeiten der Corona-Pandemie stellen sich viele Fragen des Verhältnisses von Arbeit und Privatleben, die zuvor zu wenig Beachtung fanden. Arbeitnehmerschutz ist auch im Home-Office ein wichtiges Gut und zu gewährleisten. Dem vorliegenden Bericht kann ich jedoch nicht zustimmen, weil die vorgeschlagene EU-Richtlinie einerseits einen Eingriff in die Kompetenzen der Mitgliedstaaten im Bereich der Arbeits- und Sozialpolitik bedeutet. Zum anderen würde bei Umsetzung der legislativen Forderungen des Berichts die Autonomie der Tarifpartner untergraben. Beides sind wichtige Bausteine einer guten und zielgerichteten Arbeitsmarktpolitik, die wir nach Ansicht der Freien Demokraten im Europäischen Parlament nicht schwächen dürfen. Darüber hinaus schlägt der Bericht zahlreiche Maßnahmen vor, die bereits in anderen Gesetzestexten festgelegt sind, die angedachte Richtlinie wäre damit redundant zum bereits bestehenden rechtlichen Rahmen.
2021/01/21
The gender perspective in the COVID-19 crisis and post-crisis period (A9-0229/2020 - Frances Fitzgerald)

. – Unsere Zustimmung zu diesem wichtigen Bericht über die Geschlechterperspektive in der COVID-19-Krise ist nicht als Unterstützung der Aufforderung an die Mitgliedstaaten zu verstehen, die Richtlinie „Women on Boards “ anzunehmen. Wir Freien Demokraten im Europäischen Parlament sind generell für die Freigabe von Dossiers im Rat, aber wir sind nicht für die Annahme der Richtlinie „Frauen in Führungspositionen“ in ihrer derzeitigen Form, da wir mit einigen ihrer Inhalte nicht einverstanden sind, wie z. B. mit den Geschlechterquoten, die wir ablehnen.
2021/01/21
The EU Strategy for Gender Equality (A9-0234/2020 - Maria Noichl)

. – Wir Freien Demokraten halten es für wichtig, dass sich das Europäische Parlament als direkt gewählte Institution zur EU-Strategie für die Gleichstellung von Frauen und Männern äußert. Deshalb haben wir für den Bericht gestimmt, auch wenn wir nicht mit jedem Aspekt seines Inhalts einverstanden sind. Wir sind generell für die Freigabe von Akten durch die Mitgliedstaaten, aber wir sind nicht für die Verabschiedung der Richtlinie „Frauen in Führungspositionen“ in ihrer derzeitigen Form. Wir sind auch gegen verbindliche Geschlechterquoten bei Wahlen, zumal wir dies in Deutschland für verfassungswidrig halten. Unser Abstimmungsverhalten zu den einzelnen Änderungsanträgen zum Bericht gibt einen Überblick über unsere wesentlichen Meinungsverschiedenheiten mit dem Inhalt des Abschlussberichts.
2021/01/21
Closing the digital gender gap: women’s participation in the digital economy (A9-0232/2020 - Maria da Graça Carvalho)

. – Unsere Zustimmung zu diesem Bericht über die Beteiligung von Frauen an der digitalen Wirtschaft ist nicht als Unterstützung der Aufforderung an die Mitgliedstaaten zu verstehen, die Richtlinie „Women on Boards “ anzunehmen. Wir Freien Demokraten im Europäischen Parlament sind generell für die Freigabe von Dossiers durch die Mitgliedstaaten, aber wir sind nicht für die Annahme der „Women on Boards “-Richtlinie in ihrer jetzigen Form, da wir mit einigen ihrer Inhalte nicht einverstanden sind, wie z. B. mit den Geschlechterquoten, die wir ablehnen.
2021/01/21
New Circular Economy Action Plan: see Minutes (A9-0008/2021 - Jan Huitema)

. – Meine Fraktion Renew Europe ist ein starker Verfechter von Kreislaufwirtschafts-Elementen als tragende Säule der EU-Industriepolitik des Green Deals. Der von einem Renew-Berichterstatter koordinierte Bericht trägt eine klar liberale Handschrift und findet insgesamt meine Zustimmung. Insbesondere befürworte ich den Fokus auf wirtschaftliche Chancen der Kreislaufwirtschaft und auf den Führungsanspruch auf Feldern nachhaltiger Technologien, der Lebenszyklus-Emissionen betrachtet, Digitalisierung wie KMU mitdenkt und durch Abbau von Regulierung, Vermeidung zusätzlicher Bürokratie, Hersteller-Produktverantwortung sowie Anreize für Pioniere wirksam werden soll.In der Ausgestaltung anknüpfender Gesetzesinitiativen gilt es allerdings auch Klippen zu umschiffen. Ich habe mich daher an einigen gesondert abgestimmten Stellen des Berichts enthalten oder gegen einzelne Aspekte gestimmt. Dies betraf im Umwelt-Ausschuss insbesondere den Ruf nach verbindlichen Zielen zur Reduzierung des Primär-Rohstoff-Verbrauchs und nach Ausweitung von EcoDesign auf nicht-energieverbrauchsrelevante Produkte sowie der verengte Blick auf CCS—/CCU-Technik.Bei aus der Stellungnahme des Binnenmarktausschusses stammenden Forderungen, die Kleine und Mittlere Unternehmen ohne Mehrwert für die Umwelt übermäßig belasten würden, konnte ich ebenfalls nicht vorbehaltlos zustimmen. Daher habe ich gegen zu weitreichende oder zu unklare Forderungen bezüglich verpflichtender Mindestzeiten für Ersatzteilverfügbarkeit, zur Beweislastumkehr oder zu verpflichtenden Anforderungen im Rahmen eines grünen Beschaffungswesens gestimmt.Was Nachhaltigkeitsbestrebungen in der Mobilität anbelangt, so begrüße ich eine kritische Betrachtung des Gesamtlebenszyklus aller Antriebsstränge und die Einbeziehung strategischer Erwägungen zu kritischen Rohstoffen. Jedoch muss eine freie Entscheidung zwischen Antriebstechnologien gewährleistet bleiben und die individuelle Abwägung zwischen Nachrüstung, Reparatur und Neuanschaffung beim Fahrzeughalter bleiben.
2021/02/09
European Skills Agenda for sustainable competitiveness, social fairness and resilience (B9-0108/2021)

Ich habe dem sehr guten und wichtigen Antrag zur Europäischen Kompetenzagenda zugestimmt, aber bei der Einzelabstimmung zum CO2-Reduktionsziel der EU gegen die Reduktionszahl von 60 % bis 2030 gestimmt.Wir Freie Demokraten sprechen uns dafür aus, an dem Ziel von 55 % weniger CO2-Ausstoß festzuhalten, auf das sich die EU-Staaten im vergangenen Dezember geeinigt haben. Gleichzeitig sind wir der Überzeugung, dass wir versuchen sollten, das zum vom Europäischen Parlament formulierten Ziel von 60 % fehlenden 5 % über technische Lösungen zu erreichen. Etwa durch neue Technologien wie das Direct-Air-Capture-Verfahren mit CO2-Speicherung. So schaffen wir es, Ökonomie und die Pariser Klimaziele in Balance zu bringen.Eine detaillierte Beschreibung unserer Ziele und Vorstellungen für die CO2-Reduktion hat die FDP-Bundestagsfraktion in ihrem Antrag „55+5 – Ein ambitioniertes EU-Klimaziel mit Negativemissionstechnologien ermöglichen“ vom 15.12.2020 formuliert.
2021/02/10
The situation in Myanmar (B9-0116/2021)

Dies ist eine wichtige Resolution, die den Militärputsch in Myanmar verurteilt. Meine Forderungen an die EU-Kommission und die Mitgliedstaaten sind klar:Die EU muss die für den Putsch verantwortlichen Militärangehörigen entschlossen sanktionieren. Auch der bevorzugte Zugang Myanmars zum EU-Binnenmarkt gehört ausgesetzt. Die Achtung der Menschenrechte muss Grundlage für die wirtschaftliche Zusammenarbeit im Rahmen des „Alles-außer-Waffen“-Abkommens bleiben. Demokratieabbau und Militärdiktatur sind mit dem bevorzugten Marktzugang unvereinbar. Als drittgrößter Handelspartner Myanmars müssen wir wirtschaftlichen Druck aufbauen.Myanmar muss die Vereinten Nationen ins Land zu lassen, damit sie unabhängig die Menschrechtsituation vor Ort untersuchen können.Um den Demokratisierungsprozess in Myanmar stand es schon seit Langem nicht gut. An der zivilen Regierung gibt es sehr berechtigte Kritik, aber bei den Wahlen vor wenigen Monaten erhielt sie die breite Unterstützung der Bevölkerung. Diese Wahlen betrachtet das Militär als Angriff auf seine Macht. Nun ist die Zukunft des Landes noch ungewisser. Es liegt auch in europäischer Verantwortung, das Streben nach Demokratie zu unterstützen.
2021/02/11
Challenges ahead for women’s rights: more than 25 years after the Beijing Declaration and Platform for Action (B9-0114/2021)

Unsere Zustimmung zu diesem wichtigen Bericht ist nicht als Unterstützung der verbindlichen Geschlechterquoten zu verstehen, die wir ablehnen. Wir Freien Demokraten im Europäischen Parlament sind gegen verbindliche Geschlechterquoten bei Wahlen, zumal wir dies in Deutschland für verfassungswidrig halten. Unser Abstimmungsverhalten zu den einzelnen Änderungsanträgen zum Bericht gibt einen Überblick über unsere wesentlichen Meinungsverschiedenheiten bezüglich des Inhaltes des Abschlussberichts.
2021/02/11
Corporate due diligence and corporate accountability (A9-0018/2021 - Lara Wolters)

Wir FDP-Europaabgeordneten haben den Bericht zum europäischen Lieferkettengesetz zugestimmt. Das Thema gehört auf die EU-Ebene, nationale Gesetze würden Unsicherheiten schaffen und dem Binnenmarkt schaden. Der Bericht ist ein Signal an die Kommission, dass das Parlament einen branchen-, risiko- und größenbasierten Ansatz erwartet. Dies halten wir für wichtig, denn ein Lieferkettengesetz soll nur da greifen, wo es gebraucht wird. Mit Größe oder sensibler Branche wächst Verantwortung. Kleine und mittlere Unternehmen dürfen nicht unnötig bürokratisch belastet werden. Wichtig ist, dass bei ihnen das Risiko für Verletzung von Menschenrechten der Maßstab ist. Kleine und mittlere Unternehmen brauchen spezielle Unterstützung, wie bei der Umsetzung digitaler Lösungen, um ihre Lieferketten nachvollziehbar zu machen.Der Bericht nutzt die Begriffe Lieferkette und Wertschöpfungskette synonym. Im Gesetzesentwurf der Kommission muss klar sein, dass es nur um Zulieferer geht, nicht um die gesamte Wertschöpfungskette. Das Lieferkettengesetz darf nicht dazu führen, dass Unternehmen pauschal für andere Akteurinnen und Akteure entlang der Lieferkette haften. Auch eine eventuelle Ausweitung der Zuständigkeiten europäischer Gerichte und einen eventuellen Eingriff ins internationale Privatrecht sehen wir kritisch.Letztlich muss es Unternehmen leichter gemacht werden, ihrer menschenrechtlichen Sorgfalt nachzukommen. Dazu braucht es klare Vorgaben und moderne Technologien zur Nachverfolgung der Lieferketten. Das Ziel ist Schutz von Menschenrechten durch Transparenz, nicht Bürokratie.
2021/03/10
Equal treatment in employment and occupation in light of the UNCRPD (A9-0014/2021 - Katrin Langensiepen)

Für uns Freie Demokraten ist die Inklusion von Menschen mit Behinderung in das gesellschaftliche Leben und in den Arbeitsmarkt von erheblicher Bedeutung. Menschen mit Behinderung sollen Wahlfreiheit über die individuelle Gestaltung des eigenen Lebens haben. Daher treten wir unter anderem für bessere Teilhabemöglichkeiten auf dem ersten Arbeitsmarkt ein. Aus diesem Grund unterstützen wir den Bericht von Katrin Langensiepen. Vor dem Hintergrund unserer Überzeugungen in der Arbeits- und Sozialpolitik konnten wir lediglich bei den gesonderten Abstimmungen zu einem Aspekt nicht zustimmen: Die Forderung nach „Diversity Quoten“ (§§ 7, 8) folgt zwar dem Ziel, mehr Diversität am Arbeitsplatz zu erreichen, was wir voll und ganz teilen. Jedoch ist der Begriff hier nicht klar genug definiert, was wir in der Umsetzung als problematisch erachten. Zudem sehen wir in diesem Bereich die Zuständigkeit bei den Mitgliedstaaten, die in der Arbeits- und Sozialpolitik den Weg zum gemeinsamen Ziel wählen sollten, der ihrem System am besten entspricht. Eine europäisch vorgegebene Quoten- oder Mindestlohnregelung würde dem unserer Überzeugung nach entgegenstehen und teilweise sogar zur Verschlechterung von sozialer Absicherung und Teilhabe führen. Der Forderung, dass die EU-Institutionen durch eine spezifische Diversity-Quote für die Rekrutierung von Menschen mit Behinderung mit gutem Beispiel vorangehen sollten (§ 8), haben wir hingegen zugestimmt.
2021/03/10
Soil protection (B9-0221/2021)

. – Dieser Entschließungsantrag findet unsere Zustimmung, da er eine deutlich liberale Handschrift trägt und wesentliche Forderungen berücksichtigt. So ist der vorgeschlagene EU—Ordnungsrahmen für Bodenschutz durch deutliche Bekenntnisse zum Subsidiaritätsprinzip, zu nationalen Zuständigkeiten und zu Privateigentumsrechten sowie durch eine umfassende Folgenabschätzung eingehegt.Zudem wird die EU—weite Umsetzung von Vorgaben gefordert, die in Deutschland zum größten Teil bereits bestehen. Hierdurch werden die Wettbewerbsbedingungen auf dem Binnenmarkt geebnet. Berücksichtigung findet auch die Rolle von Forschung und Entwicklung sowie die Vermeidung unnötiger KMU—Belastungen.Die Kommissionsankündigung einer europäische Carbon Farming Initiative begrüßen wir als zukunftsgewandten, markteffizienten Ansatz zur Honorierung der Klimaleistungen unserer Land— und Forstwirte.Statt der Minimierung von Bodenversieglung und allen anderen Landnutzungsformen, die sich auf die Leistungsfähigkeit von Böden auswirken, steht für uns die nachhaltige Nutzung von Böden, Wäldern und anderen Landflächen im Zentrum, zu der wir insbesondere Besitzerinnen und Bewirtschafter in der Lage sehen, da diese praxisnah ein ureigenes Interesse an langfristig ertragreicher Nutzbarkeit haben.Bei der Stickstoff—Verwendung setzen wir auf digital-gestützte Präzisionslandwirtschaft und anwendungsorientierte Forschung als Quell für den wirtschaftlicheren Einsatz besserer Produkte, anstatt auf die Senkung regulatorischer Nitrat—Grenzwert—Vorgaben.
2021/04/28
Digital taxation: OECD negotiations, tax residency of digital companies and a possible European Digital Tax (A9-0103/2021 - Andreas Schwab, Martin Hlaváček)

. – The FDP stands for the opportunities of digitalisation like no other party in Germany. That is why we want to make it easier for our companies to enter the digital economy. We decisively refuse considerations such as the digital tax proposed by the European Commission as a kind of second sales / VAT Tax. If the European Union was to introduce such a tax unilaterally, it would only aggravate international clashes on taxation with potential counter-reactions from other economic areas as well as provoking the danger of double taxation in digital value creation. Instead of pushing for a European solution, we should rather reinforce and support the discussion on an appropriate taxation of the digital economy at the OECD/G20 level.For this reason, we cannot vote in favour of this report although we appreciate several valuable points like trying to solve the issue of overly complex national tax systems as well as protecting the SMEs from an even larger bureaucratic burden resulting from another tax, the digital taxation.
2021/04/28
The accessibility and affordability of Covid-testing (B9-0233/2021, B9-0234/2021)

. – Die FDP—Delegation im Europäischen Parlament hat für die Entschließung zur Zugänglichkeit von Covid—19—Tests gestimmt. Den Freien Demokraten ist es wichtig, einen universellen Zugang zu diagnostischen Tests zu gewährleisten, die das Recht auf Freizügigkeit innerhalb der EU ermöglichen. Die Einführung eines in der Europäischen Union harmonisierten Covid—19—Impfpasses darf nicht aus wirtschaftlichen Gründen zu einer Diskriminierung von Bürgerinnen und Bürgern führen.Es wird jedoch in Abschnitt 3 der Entschließung gefordert, dass die Mitgliedstaaten und die Europäische Kommission zusätzlich vorübergehende Preisbeschränkungen für die Tests einführen sollen. Wir stehen dieser Forderung skeptisch gegenüber und haben uns bei der Abstimmung zu diesem Abschnitt enthalten. Die geforderten Preisbeschränkungen dienen nicht dem Zweck der Ausstellung des Covid—19—Impfpasses, welcher ebenso durch vollständige Impfung oder Genesung ausgestellt werden kann.
2021/04/29
Accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030 (B9-0263/2021)

Die Freien Demokraten stehen zur Stärkung der europäischen Strategie zur Beseitigung von AIDS als globale Gesundheitsbedrohung bis 2030. Dem endgültigen Text konnten wir allerdings nicht zustimmen aufgrund der Einführung eines Änderungsantrages von Die Linke, der mit dieser Entschließung keinerlei Verbindungen hat und die Aufhebung des Patentschutzes für Covid-Impfungen fordert. Diese Maßnahme halten wir für überflüssig und schädlich. Bei dem endgültigen Entschließungsantrag habe ich mich deswegen enthalten.
2021/05/19
EU Biodiversity Strategy for 2030: Bringing nature back into our lives (A9-0179/2021 - César Luena)

. – Wir Freie Demokraten wollen das Artensterben bestmöglich verhindern, denn der Erhalt der globalen Artenvielfalt ist ökologisch, ökonomisch und medizinisch sinnvoll und notwendig und uns somit Menschheitsaufgabe und ethische Verpflichtung.Dem Entschließungsantrag zur EU-Strategie für Artenvielfalt 2030 konnten wir als Freidemokraten im Europäischen Parlament jedoch nicht zustimmen, da wir uns für einen konstruktiven, einigenden Ausgleich der ökologischen, wirtschaftlichen und sozialen Dimensionen nachhaltiger Entwicklung einsetzen, während der Bericht die ökologische über die beiden anderen stellen will.Zudem lehnen wir die Festlegung verbindlicher Flächen-, Bodenschutz- und Restaurierungsziele auf europäischer Ebene im Sinne der Subsidiarität ab – denn Natur- und Artenschutz kann am besten vor Ort ausgestaltet werden.Auch europäische, gesetzlich verankerte Ausbaupfade für Ökolandbauflächen sowie pauschale Reduktionsvorgaben für den Einsatz von Dünge- und Pflanzenschutzmitteln halten wir für den falschen Weg. Weiter kommen wir hier nur gemeinsam mit den Landwirten und Landwirtinnen sowie mit den Landbesitzern und -besitzerinnen, indem wir Leistungen über Marktanreize fördern und belohnen.Wir wollen, dass sich Leistungen zur Speicherung von Kohlenstoff in Böden, Wäldern und Naturprodukten künftig lohnen, weshalb wir uns für Carbon -Farming -Anreize einsetzen, anstatt hier die staatlichen Vorgaben weiter hochzuschrauben.Weitgehend ausgeblendet blieb in den Verhandlungen zum Entschließungsantrag zudem die Rolle von Eigentums- und Nutzungsrechten als Beitrag zu effektivem Artenschutz.
2021/06/08
Meeting the Global Covid-19 challenge: effects of waiver of the WTO TRIPS agreement on Covid-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries (RC-B9-0306/2021, B9-0306/2021, B9-0307/2021, B9-0308/2021, B9-0309/2021, B9-0310/2021, B9-0311/2021)

Wir Freien Demokraten sehen, dass die Freigabe von Patenten nicht die Knappheit an Impfstoff lösen wird. Vielmehr wäre das eine Absage an die Innovationskraft der sozialen Marktwirtschaft, die uns den Impfstoff überhaupt erst ermöglicht hat.Von rund 300 Impfstoffkandidaten sind weltweit erst 14 zugelassen. Bis jetzt waren also nur wenige Unternehmen erfolgreich, und auf unternehmerisches Risiko muss auch finanzieller Erfolg folgen dürfen.Impfungen müssen zügig für alle Menschen zugänglich sein.Das schaffen wir über den Ausbau von Produktion und Vergabe von Lizenzen.Wir unterstützen einen starken Schutz der Rechte des geistigen Eigentums. Da sich die Entschließung des Europäischen Parlaments „zum Umgang mit der Herausforderung der weltweiten COVID-19-Pandemie: Folgen der Aussetzung des TRIPS-Übereinkommens der WTO für COVID 19-Impfstoffe, Behandlung, Ausrüstung und die Steigerung der Produktions- und Fertigungskapazitäten in Entwicklungsländern“ für einen Patentverzicht ausspricht, konnten wir den Text in der finalen Abstimmung nicht unterstützen.
2021/06/09
Promoting gender equality in science, technology, engineering and mathematics (STEM) education and careers (A9-0163/2021 - Susana Solís Pérez)

Unsere Zustimmung zu diesem wichtigen Bericht über die Förderung der Gleichstellung von Frauen und Männern in Ausbildung und Beruf im Bereich Mathematik, Informatik, Naturwissenschaften und Technik (MINT) ist nicht als Unterstützung der Aufforderung an die Mitgliedstaaten zu verstehen, die Richtlinie „Women on Boards “ anzunehmen.Wir Freien Demokraten im Europäischen Parlament sind generell für die Freigabe von Dossiers im Rat, aber wir sind nicht für die Annahme der Richtlinie „Frauen in Führungspositionen“ in ihrer derzeitigen Form, da wir mit einigen ihrer Inhalte nicht einverstanden sind, wie z. B. mit den Geschlechterquoten, die wir ablehnen.
2021/06/10
Public sector loan facility under the Just Transition Mechanism (A9-0195/2020 - Johan Van Overtveldt, Henrike Hahn)

Wir begrüßen die Einrichtung des Just Transition Mechanism , der dafür sorgen soll, dass der Kampf gegen den Klimawandel und der Weg zur Nachhaltigkeit für jeden gangbar wird. Wir werden eng begleiten und prüfen, ob diese finanzielle und praktische Unterstützung auch wirklich öffentliche und private Investitionen in betroffenen Regionen generiert, insbesondere durch das InvestEU-Programm. Die sogenannte Taxonomie-Verordnung halten wir aber – in ihrer derzeitigen Ausführung – für den falschen Ansatz. Obgleich als freiwilliges Instrument gedacht, überreguliert sie kleinschrittig auch da, wovon gerade die Liquidität von SMEs abhängt.
2021/06/24
Use of technologies for the processing of data for the purpose of combating online child sexual abuse (temporary derogation from Directive 2002/58/EC) (A9-0258/2020 - Birgit Sippel)

Die E-Privacy-Richtlinie beinhaltet ein digitales Telekommunikations- und Briefgeheimnis. Dieses Gesetz soll das aushebeln und die verdachtslose, vollautomatische Durchleuchtung von Inhalten möglich machen. Selbst das in Videokonferenzen Gesprochene könnte auf Grundlage der geplanten Regelung künftig durchforstet werden.Die FDP lehnt das verdachtsunabhängige Scannen von Online-Kommunikation als unverhältnismäßig ab. Wie auch bei der vom Europäischen Gerichtshof gekippten Vorratsdatenspeicherung ist es in einem Rechtsstaat nicht hinnehmbar, dass alle Bürger ohne Anlass unter Generalverdacht gestellt werden.Die FDP lehnt es außerdem ab, dass die polizeiliche Ermittlungsarbeit privatisiert wird und in Zukunft Unternehmen wie Facebook und Google die privaten Gespräche auf kriminelles Verhalten hin überwachen sollen.Der Kampf gegen Kinderpornografie ist ein sehr wichtiges Ziel, das von der FDP voll unterstützt wird. Es gibt zahlreiche technische Möglichkeiten, einzelne Personenkreise effektiv zu überwachen, ohne die Allgemeinheit unter Generalverdacht zu stellen. Diese müssen noch stärker als heute eingesetzt werden. Generell ist davon auszugehen, dass der verabscheuungswürdige Konsum von Kinderpornografie durch dieses Gesetz nicht reduziert, sondern lediglich in andere Kanäle verdrängt wird, die nicht durch europäische Jurisdiktion kontrolliert werden können.
2021/07/06
Amendments to Parliament's Rules of Procedure (A9-0214/2021 - Gabriele Bischoff)

Die Freien Demokraten haben sich bei der Abstimmung zum Bericht über die Änderung der Artikel 99, 197, 213, 214, 222, 223, 230 und 235 und der Anlage V der Geschäftsordnung des Parlaments sowie die Einfügung eines neuen Artikels 106a in die Geschäftsordnung des Europäischen Parlaments enthalten.Der Änderung an Artikel 213 in Bezug auf die Geschlechtervielfalt haben wir nicht zugestimmt.Wir Freien Demokraten erkennen den Wert von Vielfalt an und setzen uns dafür ein, den Anteil von Frauen in Ämtern und Mandaten zu erhöhen.Quotenregelungen sind Symptombekämpfung, die echte Gleichberechtigung untergraben.Wir sind der Ansicht, dass es andere Wege gibt, um mehr Gleichberechtigung zu erreichen – beispielsweise eine bessere Vereinbarkeit von Familie und Beruf.Dies könnte zum Beispiel durch die Möglichkeit des hybriden Arbeitens im Parlament, auch nach der Pandemie, erreicht werden.Wir als Freie Demokraten stehen für eine Politik der Gleichberechtigung für Frauen und Männer.
2021/07/06
Visa Information System (VIS): visa processing (A9-0207/2021 - Paulo Rangel)

Wir Freie Demokraten im Europäischen Parlament begrüßen die Erweiterung des Anwendungsbereichs und die Interoperabilität des Europäischen Visa-Informationssystems. Deshalb haben wir der Überarbeitung dieser Verordnung zugestimmt.Allerdings ist es uns wichtig anzumerken, dass wir die Senkung des Alters für die Erfassung biometrischer Daten von derzeit 12 auf 6 Jahre als unverhältnismäßig empfinden. Es gibt derzeit keine konkreten Daten, die dessen Notwendigkeit und Verhältnismäßigkeit belegen. Der Schutz der Privatsphäre von Kindern sollte nur dann untergraben werden, wenn dies unbedingt erforderlich ist. Außerdem schafft dieser Paradigmenwechsel einen schwierigen Präzedenzfall für den Umgang mit biometrischen Daten von Kindern.
2021/07/07
General Union Environment Action Programme to 2030 (A9-0203/2021 - Grace O'Sullivan)

Wir Freie Demokraten im Europäischen Parlament begrüßen den Kommissionsvorschlag zum 8. EU-Umweltrahmenprogramm. Manche Änderungswünsche des Parlaments können wir jedoch nicht mittragen, weshalb wir uns zu dessen Bericht enthalten.Das Artensterben wollen wir bestmöglich verhindern. Aber sich vorfestzulegen, im EU-Haushalt 2027-34 mehr als 10 % für Artenvielfalt auszugeben, ist verfrüht. Es würde der Gesamtgemengelage an Herausforderungen, denen sich Europa gegenübersieht, nicht gerecht werden.Dass wirtschaftliche Tätigkeiten keine erhebliche Beeinträchtigung unserer Umweltziele verursachen sollen, ist klar (DNSH-Prinzip, Art. 17 EU-Taxonomie). Eine Ausweitung der EU-Taxonomie auf Felder, für die sie weder ursprünglich gedacht war noch ausgelegt ist, sehen wir aber äußerst kritisch. Insbesondere muss eine förderliche Lösung für den Gasbereich gefunden werden, da wir durch den Erneuerbaren-Ausbau und den parallelen Ausstieg aus Kohle und Atom in den kommenden Jahren über Sektorengrenzen hinweg stark auf (natürlich zunehmend dekarbonisierte) speicherbare Energieträger inkl. Gas angewiesen sein werden.Und ja, umweltschädliche Subventionen inklusive für fossile Kraftstoffe gilt es abzubauen – wofür wir unsere Stimme gegeben haben. Der Komplettausstieg bis 2027 bzw. 2025 erscheint aber schlichtweg nicht praktikabel. Hier gilt es im Detail, gute Lösungen zu finden, die soziale, wirtschaftliche und Umweltaspekte in der Balance halten, wobei wir insbesondere auf die Lenkungswirkung des EU-Emissionshandels setzen.
2021/07/08
Review of the macroeconomic legislative framework (A9-0212/2021 - Margarida Marques)

Für uns Freie Demokraten ist die Überprüfung des makroökonomischen Rechtsrahmens mit dem Ziel einer besseren Wirkung auf die Realwirtschaft in Europa von außerordentlicher Bedeutung und vor dem Hintergrund der Corona-Rettungsmaßnahmen von äußerster Aktualität. Dabei hebt der vorliegende Bericht unter anderem richtigerweise hervor, dass die Kredite des einmaligen NextGenerationEU‑Programms in die nationalen Schulden einberechnet werden müssen. Doch die Dringlichkeit der Rückkehr zur makroökonomischen Konditionalität und Fiskaldisziplin, zum Beispiel durch eine rasche Deaktivierung der Ausweichsklausel des Stabilitäts- und Wachstumspakts, wird in diesem Report viel zu wenig deutlich. Ebenso ist das im Bericht aufgegriffene Modell des European Fiskal Boards mit seiner zentralen Ausgaberegel zwar ein interessanter Beitrag zur Weiterentwicklung des Stabilitäts- und Wachstumspakts, doch sehen wir die Zukunft eher in einem Maastricht-2.0-Modell, in dem die Auszahlung von Kohäsionsmitteln an die Einhaltung des Fiskalpakts durch den jeweiligen Mitgliedstaat geknüpft wird und das nach einem Defizitverfahren automatische Sanktionen gegen Mitgliedstaaten vorsieht, die nicht politisch ausgehebelt werden können.
2021/07/08
Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the adopted legal changes in the Hungarian Parliament (B9-0412/2021, B9-0413/2021)

On 15 June 2021, the Hungarian Parliament voted in favour of amendments proposed by Fidesz MPs that severely restrict freedom of speech and children’s rights. The Law prohibits the ‘portrayal and promotion of gender identity different from sex assigned at birth, the change of sex and homosexuality’ in schools, in television programmes and in publicly available advertisements on any platforms for persons aged under 18, even for educational purposes; the Law disqualifies such content from being considered as a public service announcement or social responsibility advertisement even if intended for adults; the Law introduces amendments to the Child Protection Act, the Family Protection Act, the Act on Business Advertising Activity, the Media Act and the Public Education Act.I consider this Law to be in breach of EU law and of the rights of LGBTIQ citizens in Hungary, in particular the freedom to provide services and freedom of movement of goods as set out in the Treaty on the Functioning of the European Union, the Audiovisual Media Services Directive and E-commerce Directive in conjunction with the Charter of Fundamental Rights. Therefore I voted in favour of the resolution ‘Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted in the Hungarian Parliament’.
2021/07/08
Objection pursuant to Rule 111(3): Criteria for the designation of antimicrobials to be reserved for the treatment of certain infections in humans (B9-0424/2021)

Die FDP-Delegation im Europäischen Parlament lehnt den Einwand der Grünen gegen den Kriterienkatalog für die europäische Reserveantibiotikaliste zur EU-Tierarzneimittel-Verordnung klar ab und stimmt deshalb geschlossen dagegen.Anders als von den Grünen behauptet, würde der Einwand nicht mehr Antibiotikaresistenzen verhindern. Ganz im Gegenteil. Wird der Einwand angenommen, würde sich die Arbeit an der so wichtigen Reserveantibiotikaliste weiter verzögern. Genau hier dürfen wir aber keine Zeit mehr verlieren, um dem Problem der Antibiotikaresistenzen in der Humanmedizin schnellstmöglich zu begegnen. Darüber hinaus würde die Kommission im weiteren Verlauf vermutlich einen strikteren Vorschlag vorlegen, der dazu führen würde, dass viele gängige Krankheiten bei Nutz- aber auch Haustieren nicht mehr antibiotisch behandelt werden könnten. Großes tierisches Leid wäre die Folge. Damit unterwandert der Einwand der Grünen auch den von der Kommission und der Weltgesundheitsorganisation verfolgten „One Health“-Ansatz, der die Gesundheit von Menschen, Tieren und Pflanzen ganzheitlich betrachtet.Auch allgemein gilt für uns Freie Demokraten das Motto „Trust our Agencies“. Der Kriterienkatalog wurde wissenschaftlich fundiert von unabhängigen Experten der zuständigen Fachagenturen (EMA, EFSA und ECDC) erarbeitet. Die Schaffung einer Antibiotikareserve für den Menschen ist richtig und wichtig. Der vorliegende Kommissionsvorschlag bedeutet daher bereits eine Einschränkung für die Tiermedizin.
2021/09/15
Implementation of EU requirements for exchange of tax information (A9-0193/2021 - Sven Giegold)

Wir Freien Demokraten im Europäischen Parlament stehen für Gerechtigkeit und Transparenz, gerade auch in Steuerfragen. Daher unterstützen wir einen besseren Zugang zu Informationen darüber, wie die Mitgliedstaaten bisher die Directive on Administrative Cooperation (DAC) genutzt haben (Austauschvolumen, Art der Daten etc.), insbesondere im Rahmen der interinstitutionellen Zusammenarbeit des Parlaments mit dem Rat und der Kommission.Die gewonnenen Informationen helfen, besonders unter dem Aspekt Verhältnismäßigkeit und Anwendungsfreundlichkeit nachzuvollziehen, was seit 2013 angefangen mit DAC 1 zur Bekämpfung von Steuerhinterziehung und Steuerbetrug in Europa erreicht wurde. DAC 4 beispielsweise, das die Berichterstattung unter Finanzbehörden als „Country-by-Country Reporting“ einführt, unterstützen wir. Ein öffentliches „Country-by-Country Reporting“ jedoch lehnen wir ab, da wir hier sonst erhebliche Nachteile für die Wirtschaft sehen. Bei DAC 6, der Berichterstattung von Intermediären über grenzüberschreitende Steuerplanungsmodelle, macht uns die Forderung nach einer Ausdehnung auf nationale Fälle Sorgen. Darüber hinaus lehnen wir eine Vermögensteuer ab, da wir diese Art der Substanzbesteuerung als wirtschaftlich schädlich betrachten, gerade, weil der Erhebungsaufwand mit hohen Kosten verbunden ist. Aus diesen Gründen haben wir uns bei diesem Bericht enthalten.
2021/09/16
EU Road Safety Policy Framework 2021-2030 – Recommendations on next steps towards "Vision Zero" (A9-0211/2021 - Elena Kountoura)

. – Wir Freie Demokraten im Europäischen Parlament setzen uns für mehr Sicherheit auf Europas Straßen ein.Eine Null-Toleranz-Grenze in Bezug auf Alkohol am Steuer (Erwägung 36) sehen wir jedoch kritisch, da diese nur schwer umgesetzt und kontrolliert werden kann. Schon bei der Einnahme bestimmter Medikamente kann eine Null-Promille-Grenze nicht eingehalten werden, was diesen Wert im Prinzip unanwendbar macht. Bei der Ausgestaltung zukünftiger Regeln muss zudem das Subsidiaritätsprinzip Beachtung finden.Trotz der betreffenden Erwägung haben wir für den Gesamtbericht als verhandelten Gesamtkompromiss gestimmt. Eine einzelne oder getrennte Abstimmung von Textpassagen war nicht möglich. Der Initiativbericht hat keine unmittelbaren Rechtsfolgen, sondern fließt in zukünftige Initiativen der Europäischen Kommission mit ein. Wir Freie Demokraten begrüßen, dass die EU im EU-Politikrahmen für die Straßenverkehrssicherheit im Zeitraum 2021 bis 2030 ihr langfristiges strategisches Ziel, die Zahl der Todesfälle und der schweren Verletzungen auf den europäischen Straßen bis 2050 auf nahezu Null zu senken („Vision Null Straßenverkehrstote“), sowie ihr mittelfristiges Ziel, Todesfälle und schwere Verletzungen mit der Erklärung von Valletta bis 2030 um 50 % zu reduzieren. Es braucht dafür einen koordinierten, gut geplanten, systematischen und gut finanzierten Ansatz auf europäischer, nationaler, regionaler und lokaler Ebene.
2021/10/05
The future of EU-US relations (A9-0250/2021 - Tonino Picula)

. – Die FDP setzt sich wie keine andere Partei für die Stärkung des regelbasierten Multilateralismus und der Menschenrechte weltweit ein. Zum Erreichen dieser Ziele bekennen wir uns uneingeschränkt zur NATO und zu einer Vertiefung der Beziehungen mit den USA. Daher ist es sehr positiv, dass sich das Europäische Parlament durch den Bericht über die Zukunft der Beziehungen zwischen der EU und USA ausgiebig mit dem Thema beschäftigt. Wichtige Punkte aus dem Bericht sind der Ruf nach enger EU-US-Kooperation im Verhältnis mit China und Russland, eine Stärkung der NATO und der Zusammenarbeit in Sicherheits- und Verteidigungsfragen, eine Stärkung von Internationalen Organisationen (UN, WHO) und eine engere interparlamentarische Zusammenarbeit.Ein angesprochenes Thema halten wir Freie Demokraten aber für höchst problematisch. Dabei handelt es sich um die Initiative der US-Regierung zur Freigabe von Patenten in der Impfstoffherstellung (TRIPS waiver ). Dies lehnen wir nach wie vor strikt ab. Solch ein starker Eingriff in den Schutz geistigen Eigentums schwächt Innovation und Entwicklung und ist somit keine Lösung für Impfstoffknappheiten. Wir sehen, dass es bessere und schnellere Möglichkeiten gibt, den Mangel an Impfstoffen zu beseitigen, wie beispielsweise die vollständige Nutzung der bestehenden Flexibilität im Rahmen des TRIPS.Aufgrund der vielen wichtigen und richtigen Initiativen, die in dem Bericht angesprochen werden, stimmt die FDP-Delegation dem Bericht zur Zukunft der Beziehungen zwischen der EU und den USA dennoch zu.
2021/10/06
UN Climate Change Conference in Glasgow, the UK (COP26) (B9-0521/2021)

Wir Freie Demokraten im Europäischen Parlament bekennen uns klar zum Pariser Abkommen. Wichtig ist hier ein schneller Abschluss der Verhandlungen zum Regelwerk der Umsetzung u. a. von Artikel 6 (internationale Marktmechanismen). Ebenso bekennen wir uns zu den EU-Klimazielen für 2030 und zur Transformation hin zu Klimaneutralität bis 2050. Trotzdem haben wir uns zum heutigen Entschließungsantrag zur 26. Vertragsstaatenkonferenz enthalten.Denn emissionsfreie Straßenfahrzeuge sind für uns mit dem gegebenen EU-Rechtsrahmen absehbar nicht machbar. Abgase werden derzeit nur am Auspuff erfasst, einzelne Technologiestränge also auf dem Papier in ihrer Klimawirkung geschönt und andere schlechter gemacht, statt dass ein umfassender, technologieoffener Lebenszyklus-Ansatz fairen Wettbewerb um die künftige Vielfalt in sauberen Antriebssträngen befördert und dafür sorgt, dass jede gute Innovation ihre Anwendung finden kann.Zudem sind wir überzeugt, dass Versorgungssicherheit und wirtschaftliche Nachhaltigkeit auch im künftigen Energiesystem groß zu schreiben sind. Ein verengter Fokus auf „Energieeffizienz an erster Stelle“ und Direktelektrifizierung droht mangelnde Speicherlösungen für Strom und absehbar eskalierende Systemkosten aus dem Blick zu verlieren. Den Ausbau der Erneuerbaren Energien wollen wir vorantreiben – aber im Hinblick auf nationale Rahmenbedingungen bedeutet dies auch, der Errichtung moderner Gaskraftwerke und dem Import alternativer Kraftstoffe keine Steine in den Weg zu legen.Bei der Forderung nach einem EU-weit rechtsverbindlichen Regulierungsrahmen für Bodenschutz wollen wir die Katze nicht im Sack kaufen. Hier muss für uns die nachhaltige Nutzung von Böden, Wäldern und Landflächen im Zentrum stehen, zu der wir insbesondere Besitzerinnen und Bewirtschafter in der Lage sehen, da diese praxisnah ein ureigenes Interesse an langfristig ertragreicher Nutzbarkeit haben.
2021/10/21
Pandora Papers: implications on the efforts to combat money laundering, tax evasion and avoidance (B9-0527/2021, RC B9-0530/2021, B9-0530/2021, B9-0531/202)

2021, das Jahr in dem im Wirtschaftsausschuss des Europäischen Parlaments das Thema Steuern zentral ist, erreicht seinen vorerst traurigen Höhepunkt mit der jüngsten Veröffentlichung der sogenannten Pandora Papers .Ein erneuter Anlass für uns Freie Demokratien, zu betonen, dass wir für die Medienfreiheit sowie für den Schutz von Whistleblowern und Investigativjournalisten stehen, die Aufdeckungen dieser Art überhaupt erst möglich machen und damit einen besonders wichtigen Beitrag zu einer offenen und transparenten Demokratie leisten.Praktiken wie Steuerhinterziehung gehen letztendlich immer zu Lasten von Steuerzahlern sowie kleinen und mittelständischen Unternehmen, die mit ihrer sozialen und wirtschaftlichen Leistung das System tragen, das andere hintergehen. So entsteht Ungerechtigkeit und eine Verzerrung des fairen Wettbewerbs.Deshalb fordern wir mit unserer Zustimmung zu diesem Bericht eine gründliche Untersuchung der Missstände in den EU-Mitgliedstaaten, inklusive der Ermittlung der Profiteure von Briefkastenfirmen und anderen dubiosen Praktiken, wie Staatsbürgerschaftserwerb und Wohnsitzregelungen.Ferner wollen wir endlich das Schließen von Steuerschlupflöchern, die aggressive Steuervermeidung, Geldwäsche und Steuerhinterziehung im großen Stil ermöglichen, erreichen. Dabei führen aber strengere Neuregelungen zu nichts, solange die geltenden Gesetze nicht ordnungsgemäß umsetzt werden und die Behörden der EU-Mitgliedstaaten nicht enger zusammenarbeiten.Zudem ist es nicht konstruktiv, Leistungsträger wie Unternehmerinnen und Unternehmer unter eine Art Generalverdacht zu stellen und mit unverhältnismäßigen Berichtspflichten und Transparenzregelungen abzustrafen. Auch muss nicht zu weitreichenden vertraglichen „Umwälzungen“, wie der Abschaffung der Einstimmigkeit in Steuerfragen im Rat, gegriffen werden.Besser sollen bestehende Instrumente, wie die aktuelle schwarze Liste der EU für Steueroasen, ambitionierter vorangetrieben und umgesetzt werden. Für diesen Prozess zu mehr Steuergerechtigkeit und Verantwortungsübernahme werden wir Freie Demokraten uns im Europäischen Parlament weiterhin einsetzen.
2021/10/21
A Pharmaceutical Strategy for Europe (A9-0317/2021 - Dolors Montserrat)

Im November 2020 hat die Kommission die Arzneimittelstrategie für Europa angenommen. Darin werden bedeutende Initiativen vorgestellt, die im Rahmen der EU-Gesundheitsunion in den nächsten Jahren umgesetzt werden sollen. Nun hat das Parlament über den gleichlautenden Bericht abgestimmt.Der Bericht des Parlaments ist ein Kompromiss zwischen den drei größten Fraktionen des Parlaments. Aus Sicht der Freien Demokraten enthält der Bericht viele wichtige, unterstützenswerte Abschnitte. Dazu gehören die Diversifizierung von Lieferketten zur Bekämpfung von Abhängigkeiten und Engpässen von Arzneimitteln und Medizinprodukten, die Ausweitung der Forschungsförderung, die Bekämpfung von Antibiotikaresistenzen gemäß dem „One Health“-Ansatz, sowie auf unser Betreiben hin die Betonung der Bedeutung von kleinen und mittelständischen Unternehmen für die pharmazeutische Wertschöpfungskette und Innovation in Europa.Naturgemäß finden sich in dem Kompromiss auch Teile, mit denen wir Freien Demokraten uns nicht identifizieren können. Dabei handelt es sich in erster Linie um die Abschnitte zum Schutz geistigen Eigentums. Patentschutz ist eines der Kernanreize für Unternehmen, in neue, bahnbrechende Innovationen und Arzneimittel zu investieren. Daher ist für uns jegliche Aufweichung des Patentschutzes nicht akzeptabel.Aufgrund der positiven Punkte stimmt die FDP-Delegation im Europäischen Parlament dem Bericht dennoch zu. Es ist wichtig, dass das Parlament zu solch einem wichtigen Thema Stellung bezieht und die Gesetzgebung in den kommenden Jahren konstruktiv mitgestaltet.
2021/11/24
Multilateral negotiations in view of the 12th WTO Ministerial Conference in Geneva, 30 November to 3 December 2021 (B9-0550/2021)

Die FDP setzt sich dezidiert für die Stärkung des regelbasierten Multilateralismus ein und wir begrüßen die ehrgeizige Handelsagenda, die in der Entschließung vorgeschlagen wurde.Einen enthaltenen Punkt halten wir aber für höchst problematisch. Dabei handelt es sich um die Ergänzung des finalen Texts durch einen Änderungsantrag von den Grünen zur Freigabe von Patenten in der Impfstoffherstellung (TRIPS waiver). Dies lehnen wir ab. Solch ein starker Eingriff in den Schutz geistigen Eigentums schwächt Innovation und Entwicklung und ist zudem keine Lösung, um Impfstoff schnell weltweit zugänglich zu machen. Stattdessen wäre beispielsweise die vollständige Nutzung der bestehenden Flexibilität im Rahmen des TRIPS sinnvoller.Da sich die Entschließung des Europäischen Parlaments „Multilaterale Verhandlungen im Vorfeld der 12. WTO—Ministerkonferenz vom 30. November bis zum 3. Dezember 2021 in Genf“ für einen Patentverzicht ausspricht, konnten wir den Text in der finalen Abstimmung nicht unterstützen.
2021/11/25
Combating gender-based violence: cyberviolence (A9-0338/2021 - Elissavet Vozemberg-Vrionidi, Sylwia Spurek)

Die FDP im Europäischen Parlament unterstützt den Bericht mit Empfehlungen an die Kommission zur Bekämpfung von geschlechtsspezifischer Gewalt: Gewalt im Internet. Revenge Porn, sexualisierte Gewalt und jegliche Art von sexuellem Missbrauch müssen mit aller Härte des Gesetzes verfolgt werden.Daher ist auch eine größere Sorgfaltspflicht für pornografisches Material im Internet absolut richtig. Die im Annex des Berichts vorgeschlagene Online-Identifizierungspflicht sehen wir als problematischen Eingriff in Grundrechte jedoch ausgesprochen kritisch. Die Accountauthentifizierung mit einer Telefonnummer kommt letzten Endes einer Klarnamenpflicht durch die Hintertür gleich. Einen derartigen Eingriff in die Grundrechte von Bürger:innen lehnen wir prinzipiell ab. Im konkreten Fall würde in vielen Fällen zudem das Recht auf Anonymität von Sexarbeiter:innen eingeschränkt.
2021/12/14
Equality between women and men in the European Union in 2018-2020 (A9-0315/2021 - Sandra Pereira)

Wir Freien Demokraten halten es für wichtig, dass sich das Europäische Parlament als direkt gewählte Institution Vorschläge zur Gleichstellung von Frauen und Männern in der Europäischen Union macht. Deshalb haben wir für den Bericht gestimmt, auch wenn wir nicht mit jedem inhaltlichen Aspekt einverstanden sind. Unser Abstimmungsverhalten zu den einzelnen Änderungsanträgen gibt einen Überblick über unsere wesentlichen Vorbehalte zu einzelnen Vorschlägen des finalen Berichts.
2021/12/15
Strengthening Europe in the fight against cancer (A9-0001/2022 - Véronique Trillet-Lenoir)

Die europäische Kooperation bei der Erforschung und Bekämpfung von Krebs ist ein sehr gutes Beispiel, wie die angestrebte engere Zusammenarbeit auf europäischer Ebene im Gesundheitsbereich mit Leben gefüllt werden kann. Das Parlament hat nun mit seinem Bericht über die Stärkung Europas im Kampf gegen Krebserkrankungen zu dem „Beating Cancer Plan“ der Europäischen Kommission Stellung bezogen.Der Bericht deckt alle Phasen der Krankheit ab und fordert wichtige Initiativen in den Bereichen Prävention, Früherkennung, Behandlung und Forschung. Nun ist wieder die Kommission mit konkreten Vorschlägen an der Reihe.Leider wurde der Bericht im Vorfeld von Abschnitten zum Thema Alkohol und Krebsprävention überschattet. Im ursprünglichen Entwurf wurde Alkohol pauschal an den Pranger gestellt und drastische Maßnahmen, wie verpflichtende Warnhinweise auf Alkoholflaschen sowie ein Verbot des Sport-Sponsorings gefordert. Glücklicherweise wurde bei diesen Passagen, auch durch unser Werben, noch durch Änderungsanträge deutlich nachgebessert, weshalb die FDP-Delegation im Europäischen Parlament dem Bericht geschlossen zugestimmt hat. Auch in Zukunft werden wir uns gegen Alkoholmissbrauch und für einen eigenverantwortlichen Konsum einsetzen. Wichtig dazu sind beispielsweise auch weiter Fortschritte bei der digitalen Etikettierung, zum Beispiel in Form eines QR-Codes. Dies würde insbesondere kleine, lokale Bier- und Weinproduzenten entlasten.
2022/02/16
Role of culture, education, media and sport in the fight against racism (A9-0027/2022 - Salima Yenbou)

. – Wir Freien Demokraten machen uns stark für eine freiheitliche Gesellschaft und gegen Rassismus, Fremdenhass, Antisemitismus und Homophobie. Im Europäischen Parlament setzen wir uns aktiv für die Bekämpfung von Rassismus und Hatespeech ein. Dabei spielen vor allem Bildung, aber auch generell Kultur und Medien eine enorm wichtige Rolle. Der Bericht enthält zahlreiche Beobachtungen und Lösungsansätze, denen die Freien Demokraten zustimmen.Allerdings versucht der Bericht auch, den Gebrauch von sogenannten Inhaltsfiltern – besser bekannt als Uploadfilter – zur Bekämpfung von Rassismus im Netz zu rechtfertigen. Dieser Feststellung können die Freien Demokraten nicht zustimmen. Die Nutzung von Uploadfiltern ist nicht nur gefährlich für die Kunst- und Meinungsfreiheit im Netz. Uploadfilter sind außerdem auch kein zuverlässiges Mittel, um Hatespeech im Netz mit der notwendigen Gründlichkeit zu bekämpfen.
2022/03/08
Gender mainstreaming in the European Parliament – annual report 2020 (A9-0021/2022 - Irène Tolleret, Gwendoline Delbos-Corfield)

Unsere Zustimmung zu diesem wichtigen Bericht ist nicht als Unterstützung der verbindlichen Geschlechterquoten zu verstehen, die wir ablehnen. Wir Freien Demokraten im Europäischen Parlament sind gegen verbindliche Geschlechterquoten bei Wahlen, zumal wir dies in Deutschland für verfassungswidrig halten. Unser Abstimmungsverhalten zu den einzelnen Änderungsanträgen zum Bericht gibt einen Überblick über unsere wesentlichen Meinungsverschiedenheiten bezüglich des Inhaltes des Abschlussberichts.
2022/03/09
Batteries and waste batteries (A9-0031/2022 - Simona Bonafè)

Wir Freie Demokraten im Europaparlament setzen uns für EU-einheitliche Standards und Vorgaben ein, um eine gemeinsame Kreislaufwirtschaft im Binnenmarkt für effektiven Klima- und Ressourcenschutz und als Chance für nachhaltige Wirtschaftsentwicklung und Arbeitsplätze zu stärken.Der Kommissionsvorschlag zur Modernisierung der EU-Rechtsvorschriften für Batterien und Altbatterien ist ein wichtiger Schritt hin zu dieser Kreislaufwirtschaft und findet insgesamt unsere Zustimmung. Die Parlamentsposition, dass unternehmerische Sorgfaltspflichten sich über die Lieferkette hinaus auf Glieder in der Wertschöpfungskette erstrecken sollten, die jenseits unternehmerischer Vertragsbeziehungen liegen und sich somit der Kontrolle des betroffenen Unternehmens entziehen, lehnten wir in der Abstimmung jedoch entschieden ab. Denn insbesondere kleine und mittlere Unternehmen dürfen nicht unnötig bürokratisch belastet werden. Ebenfalls sprechen wir uns gegen die Ausweitung des Anwendungsbereichs von spezifischen Batterietypen auf Batterien generell aus.
2022/03/10
Fair and simple taxation supporting the recovery strategy (A9-0024/2022 - Luděk Niedermayer)

Der Bericht umfasst die Einschätzungen und Empfehlungen des Europäischen Parlaments zu den Initiativen des im Zuge der COVID-Pandemie im Juli 2020 verabschiedeten Steuerpaketes der Europäischen Kommission. Das Paket umfasst 25 Initiativen, die zu einer faireren und einfacheren Steuergestaltung in den Mitgliedstaaten beitragen sollen. Wir Freie Demokraten begrüßen ausdrücklich das durch die verabschiedeten Maßnahmen verfolgte Ziel der Kommission, die Mitgliedstaaten bei der Bewältigung der COVID-Pandemie zu unterstützen und gleichzeitig die Steuereffizienz und -gerechtigkeit in der EU zu erhöhen.Der Bericht umfasst hierbei viele wichtige Aspekte, für die wir Freie Demokraten uns schon seit Längerem einsetzen, beispielsweise verstärkte Bemühungen hinsichtlich der Digitalisierung der Verwaltung, eine allgemeine Reduzierung des Verwaltungsaufwandes sowie ein effizientes und koordiniertes Vorgehen gegen Steuerhinterziehung. Der Entschluss, sich trotz dieser vielen positiven Aspekte zu enthalten, ist darauf begründet, dass es im Bericht Bestrebungen dahingehend gibt, das Einstimmigkeitsprinzip in Steuerfragen durch das Prinzip der qualifizierten Mehrheit auf Grundlage des Artikels 116 des AEUV zu ersetzen. Wir Freie Demokraten lehnen dieses Vorhaben ab, da die Steuerhoheit laut EU-Verträgen bei den Mitgliedstaaten liegt und es im Falle einer Überstimmung Deutschlands zu einer Aushebelung der Entscheidungsfreiheit und des Budgetrechts des Deutschen Bundestages nach Artikel 110 des Grundgesetzes (GG) kommen könnte.
2022/03/10
Right to repair (B9-0175/2022)

The FDP Delegation in the European Parliament voted in favour of the resolution on the right to repair as we consider a more sustainable Single Market a crucial goal of this legislature. Our support for the resolution as a whole is however regardless of the fact that we are sceptical towards several ideas expressed in the final text. That concerns in particular the articles 7 (analysing requirements product by product), 17 (unclear provisions on green public procurement), 18 and 19 (unclear financial implications an necessity) as well as 24 (extension of minimum liability period by Member States).
2022/04/07
Election of the Members of the European Parliament by direct universal suffrage (A9-0083/2022 - Domènec Ruiz Devesa)

Der vorliegende Vorschlag für einen neuen Europäischen Direktwahlakt ist ein wichtiger Schritt in die richtige Richtung, um transnationale Listen für die Wahl der Mitglieder des Europäischen Parlaments einzuführen. Dies ist eine Kernforderung von uns Freie Demokraten. Gleichwohl können wir dem Vorschlag in seiner vorliegenden Fassung nicht zustimmen und haben uns als FDP-Delegation im Europäischen Parlament enthalten. Der Vorschlag geht uns insgesamt für die Aufstellung transnationaler Listen nicht weit genug. Wir wollen eine wirkliche europaweite Liste erreichen ohne Einschränkung der Besetzung von Listenplätzen durch die Kategorisierung der Kandidatinnen und Kandidaten nach ihrem Herkunftsland.Gender Equality ist ein erklärtes Anliegen der Freien Demokraten. Nachbesserung besteht gleichwohl bei verpflichtenden Quoten-Regelungen und Reißverschlussverfahren, die in der bestehenden Form nicht der einschlägigen Rechtsprechung des Bundesverfassungsgerichts sowie der Verfassungsgerichte der Länder Brandenburg und Thüringen entsprechen und überarbeitet werden müssen.Wir werden uns aus diesen Gründen dafür einsetzen, dass der Europäische Direktwahlakt bei den weiteren Beratungen im Rat nachgebessert wird.
2022/05/03
The follow up of the Conference on the Future of Europe (B9-0228/2022, B9-0229/2022, B9-0235/2022)

. ‒ The FDP Delegation in the European Parliament voted in favour of the resolution for a follow-up of the Conference on the Future of Europe. After a one-year-long consultation with the citizens, it needs to be ensured that the European institutions further review the citizens’ recommendations.Our support for the resolution as a whole is however regardless of the fact that we remain opposed to permanent EU debts as stated in Articles 8 and 13. The Next Generation EU fund and SURE instrument are exceptional measures to rebuild Europe’s economy after the COVID-19 pandemic. Furthermore, the FDP Delegation welcomes the abolishment of unanimity in the Council in the area of foreign and security policy, however, is not in favour of the abolishment of unanimity in other areas as stated in Article 11. Furthermore, we expresses our concerns on Article 12.
2022/05/04
Strengthening Europol’s mandate: cooperation with private parties, processing of personal data, and support for research and innovation (A9-0290/2021 - Javier Zarzalejos)

Die FDP unterstützt ein gestärktes Mandat für Europol. Wir brauchen eine europäische Strafverfolgungsbehörde, die in der Lage ist, modernste Technologien zur Gewährleistung der Sicherheit unserer Gesellschaften einzusetzen. Dank der Reform kann Europol zudem nun Initiativen für strafrechtliche Ermittlungen anfordern, wenn dies in die Zuständigkeit der EU fällt. Der Zugewinn an Kompetenzen erfordert jedoch auch eine stärkere Kontrolle. Wir haben daher daran gearbeitet, die demokratische Aufsicht, Sicherheitsvorkehrungen, Transparenz und Rechenschaftspflichten im Mandat von Europol deutlich zu verbessern.
2022/05/04
Objection pursuant to Rule 111(3): Amending the Taxonomy Climate Delegated Act and the Taxonomy Disclosures Delegated Act (B9-0338/2022)

Für uns Freie Demokraten ist die Erreichung einer klimaneutralen, wettbewerbsfähigen und widerstandsfähigen Wirtschaft als Basis von Wohlstand und Zukunftsfähigkeit unserer Gesellschaften ein zentrales Anliegen unseres politischen Handelns. Entsprechend wichtig ist es, die Dekarbonisierung unserer Wirtschaft zu erreichen, ohne diese zu deindustrialisieren.Notwendig dafür sind Innovations- und Technologieoffenheit, aber auch die Nutzung von Übergangstechnologien. In dieser Hinsicht müssen Investitionen in Gas- und Kernenergie weiterhin möglich sein. Besonders in Zeiten steigender Energiepreise und unsicherer Energieversorgung ist es umso wichtiger, Verfügbarkeit, Bezahlbarkeit und Nachhaltigkeit sicherzustellen.Wir vertreten Politik, welche für die Akzeptanz der Bevölkerung für die Energiewende sorgt. Dass Gas- und Kernenergie hierzu jedoch überhaupt im Rahmen der Taxonomie als „grün“ gekennzeichnet werden müssen, liegt an der grundlegenden Fehlkonstruktion der Taxonomie. Hier wird die Problematik des derzeitigen Ansatzes der Taxonomie deutlich, alle wirtschaftlichen Tätigkeiten mit Auswirkung auf deren Finanzierbarkeit nach ihrer Nachhaltigkeit kategorisieren zu wollen statt ausschließlich im Sinne eines Verbraucherschutz-Labels über „Grüne Investitionsmöglichkeiten“ zu informieren.Mit unserer Enthaltung, machen wir Freie Demokraten einerseits auf die grundlegende Fehlkonstruktion der Taxonomie aufmerksam, während wir andererseits Investitionen in Gas- und Kernkraft weiterhin ermöglichen und dadurch einen für alle Mitgliedstaaten möglichen Weg hin zu einer CO2-emissionsfreien europäischen Zukunft ebnen.
2022/07/06
Deforestation Regulation (A9-0219/2022 - Christophe Hansen)

Wir Freie Demokraten wollen national wie international mehr Aufforstungen und den Schutz bestehender Wälder. Weltweit müssen wir wertvolle Waldökosysteme und Moore erhalten. Dafür müssen wir internationale Anreize schaffen – zum Beispiel durch Belohnung der langfristigen Bindung von CO2 durch das Emissionshandelssystem.Vor diesem Hintergrund begrüßen wir auch den Vorschlag der EU-Kommission zum Gesetz für entwaldungsfreie Lieferketten. Jedoch konnten wir in seiner aktuellen Form nicht zustimmen und haben uns als FDP-Delegation im Europäischen Parlament enthalten. Neben einer Aufnahme von Finanzinstitutionen in den Geltungsbereich der Verordnung, zu der die Kommission keine Folgenabschätzung vorgelegt hat, sehen wir die geforderten Anforderungen an die Sorgfaltspflicht als enorme administrative Hürde. Eine Verbesserung des Status-Quo vor Ort sollte im Mittelpunkt stehen und die Lösung praktisch sein, um es Unternehmen leichter zu machen ihren Sorgfaltspflichten nachzukommen.
2022/09/13
Energy efficiency (recast) (A9-0221/2022 - Niels Fuglsang)

Die FDP-Delegation im Europaparlament hat sich heute in der Schlussabstimmung zur Energieeffizienzrichtlinie (EED) enthalten. Die EED schreibt der EU einen verbindlichen Deckel an Energiekonsum vor (deutlich unter dem aktuellen Verbrauch) und verpflichtet die Mitgliedstaaten, ihren Energieverbrauch jährlich um 2 % zu reduzieren. Während Energieeffizienz generell natürlich wichtig ist – besonders in der aktuellen Energiekrise - sollte sie kein Selbstzweck sein. Nicht die Reduzierung des Energieverbrauchs muss im Zentrum unserer Klimapolitik stehen, sondern die Reduzierung des CO2-Ausstoßes.Die Reduzierung des CO2-Ausstoßes wird durch das Marktinstrument ETS erwiesenermaßen erreicht. Die EED stellt somit eine teure Doppelregulierung dar. Während die EED auf starre Vorgaben setzt, erreicht der ETS CO2-Reduktion am kostengünstigsten. Darüber hinaus wird der Umstieg auf grünen Wasserstoff, z. B. in der Stahlindustrie, zunächst zu einem Anstieg des Energieverbrauchs führen. Mit der EED unterlaufen wir also den schnellen Hochlauf der europäischen Wasserstoffwirtschaft.
2022/09/14
Adequate minimum wages in the European Union (A9-0325/2021 - Dennis Radtke, Agnes Jongerius)

Das Ergebnis der interinstitutionellen Einigung auf eine Richtlinie über angemessene Mindestlöhne in der Europäischen Union bewerten wir Freien Demokraten weitaus positiver als den 2021 abgestimmten Text des Europäischen Parlaments. Besonders wichtig ist für uns, dass die Besonderheiten der verschiedenen nationalen Systeme beachtet werden, die Tarifautonomie gewahrt bleibt und im Falle Deutschlands die Mindestlohnkommission weiterhin unabhängig arbeiten kann. Wir haben der Richtlinie jedoch nicht zustimmen können, da wir in diesem Bereich die Zuständigkeit bei den Mitgliedstaaten sehen. Sie sollen in der Arbeits- und Sozialpolitik den Weg zum gemeinsamen Ziel wählen, der ihrem System am besten entspricht. Wir sind der Überzeugung, dass im Bereich der Gestaltung von Arbeitsmarkt und Sozialsystemen eine EU-weite Politik hauptsächlich zum Tragen kommen sollte, wenn es gilt, grenzüberschreitende Fragen und Probleme zu lösen.
2022/09/14
Renewable Energy Directive (A9-0208/2022 - Markus Pieper)

Die FDP-Delegation im Europaparlament hat sich heute in der Schlussabstimmung zur Richtlinie für Erneuerbare Energien (RED) enthalten. In der RED gibt sich die EU ein verbindliches Ziel an erneuerbarem Anteil an der Energieproduktion allgemein und in einigen Sektoren. Auch Planungs- und Genehmigungsverfahren sollen vereinfacht und beschleunigt werden. Der heutige abgestimmte Text enthält viele wichtige und richtige Punkte.Gleichzeitig findet sich aber auch ein Abschnitt, der uns Freien Demokraten tief missfällt. Dabei handelt es sich um übermäßig strikte Nachhaltigkeitskriterien für Holzbiomasse. Deren energetische Nutzung, z.B. in der Form von Pellets oder Hackschnitzeln, soll nur noch bedingt als nachhaltig eingestuft werden und soll zukünftig nicht mehr förderfähig sein. Gerade auch in der aktuellen Situation gefährdet dies unsere Versorgungssicherheit, führt zu mehr Abhängigkeit von fossilen Energieträgern und steigenden Energiepreisen. Hier werden wir uns dafür einsetzen, dass der Text in den Verhandlungen mit den Mitgliedstaaten noch bedeutend geändert wird.In einer engen Abstimmung, hat das Parlament allerdings auch entschieden, die sog. Additionalitätskriterien für die Produktion von grünem Wasserstoff abzuschaffen. Diese Entbürokratisierung wird einen großen Beitrag zum schnellen Hochlauf der europäischen Wasserstoffwirtschaft leisten. Dafür haben wir uns seit langem eingesetzt. Somit steht am Schluss die Enthaltung.
2022/09/14
Outcome of the Commission’s review of the 15-point action plan on trade and sustainable development (B9-0415/2022)

Moderne Handelsabkommen der EU unterstützen die europäischen Bemühungen für Nachhaltigkeit und das Einhalten von Menschenrechten. Dafür gibt es in Handelsabkommen Kapitel zu Handel und nachhaltiger Entwicklung. Wir Freien Demokraten halten den Vorschlag für die Modernisierung von diesen Kapiteln für sehr relevant.Allerdings sieht der Entschließungsantrag „Ergebnis der Überprüfung des 15-Punkte-Aktionsplans für Handel und nachhaltige Entwicklung durch die Kommission“ auch Sanktionen vor, sollte ein Partner sich nicht an Vereinbarungen halten. Dies wäre ein Novum. Uns ist wichtig, dass wir vor allem einen Fokus darauflegen, mögliche Probleme in der Umsetzung zu lösen statt Strafen zu diskutieren. Die EU muss ein attraktiver Handelspartner sein. Dazu gehört, dass Handel Zusammenarbeit auf Augenhöhe ist und keine Einbahnstraße. Wir lehnen ebenfalls ab, dass sich die Überprüfung auf bereits abgeschlossene Verhandlungen erstreckt. Damit konnten wir dem Entschließungsantrag in seiner aktuellen Form nicht zustimmen und haben uns als FDP-Delegation im Europäischen Parlament enthalten.
2022/10/06
General budget of the European Union for the financial year 2023 - all sections (A9-0241/2022 - Nicolae Ştefănuță, Niclas Herbst)

Der EU-Jahreshaushalt 2023 steht im Zeichen vom russischen Angriffskriegs auf die Ukraine, von Energiekrise und Inflation. Der im Parlament ausgehandelte Kompromiss weist situationsgerechte Schwerpunkte zur Unterstützung von Bürgerinnen und Bürgern sowie von Unternehmen vor, ohne langfristige Zukunftsinvestitionen für Digitalisierung, Klima und Forschung zu vernachlässigen. Auch die merkbare Stärkung von europäischer Sicherheits-, Verteidigungs- und Außenpolitik ist zu begrüßen. Deshalb haben wir Freie Demokraten dem Haushalt und der zugehörigen Parlamentsentschließung zugestimmt.Gleichzeitig soll die Positionierung der FDP bei zwei Aspekten noch erläutert werden: Der Positionierung zur Mittelverwendung der Haushaltslinie „Südliche Nachbarschaft“ konnten wir nicht zustimmen. Die Verwendung von EU-Mitteln für palästinensische Schulbücher mit antisemitischen Inhalten ist inakzeptabel. Wir haben stattdessen für eine Haushaltsreserve gekämpft, die nur nach positiven Änderungen des Curriculums durch die Palästinensische Autonomiebehörde ausgezahlt und ansonsten an zivilgesellschaftliche, im Friedensprozess engagierte Organisationen im Bildungsbereich ausgeschüttet werden sollte.Eine finale Entscheidung über einen etwaigen Kauf des Osmose-Gebäudes in Straßburg sollte erst nach abgeschlossener Analyse der Raumbedürfnisse und des Gebäudemarktes erfolgen. Wir haben einen Änderungsantrag zur Ablehnung des Kaufs deshalb abgelehnt. Es bleibt dennoch klar: Das Europäische Parlament sollte nur einen einzigen Sitz haben.
2022/10/19
System of own resources of the European Union (A9-0266/2022 - Valérie Hayer, José Manuel Fernandes)

Als Freie Demokraten stehen wir für eine solide Haushaltspolitik, auch in der Europäischen Union. Dazu gehört, dass aufgenommene Schulden zurückgezahlt werden müssen, um zukünftige Generationen nicht zusätzlich zu belasten. Deshalb ist es gut, dass sich das Europäische Parlament mit der Rückzahlung der für den EU-Wiederaufbaufonds Next Generation EU am Kapitalmarkt aufgenommenen Mittel beschäftigt.Für uns Freie Demokraten ist es wichtig, dass bei der Schuldenrückzahlung nicht der alleinige Fokus auf neuen Belastungen für die Unternehmen sowie Bürgerinnen und Bürger steht. Es muss insgesamt bei den bisherigen Ausgabenschwerpunkten mehr Spielraum gefunden werden, ohne tatsächliche Zukunftsinvestitionen wie für Erasmus+ oder Horizon Europe zu begrenzen.Die Zuweisung eigener Steuern an die europäische Ebene oder die Einführung von EU-Steuern lehnen wir hingegen ab. Insbesondere eine Finanztransaktionsteuer, die im Bericht als mögliche Option genannt wird, halten wir für falsch. Eine solche Steuer würde die Sparerinnen und Sparer, die Altersvorsorge sowie die Realwirtschaft belasten. Deshalb haben wir Freie Demokraten uns bei der finalen Abstimmung des Berichts enthalten.
2022/11/23
Prospects for the two-State solution for Israel and Palestine (RC-B9-0552/2022, B9-0552/2022, B9-0553/2022, B9-0554/2022, B9-0555/2022, B9-0556/2022, B9-0557/2022)

Es ist richtig, dass sich das Europäische Parlament jetzt mit dem Nahost-Konflikt befasst. Dies ist dringend geboten, denn eine dauerhafte, friedliche Zweistaatenlösung zu erreichen, ist in der aktuellen Lage schwieriger denn je.Trotzdem haben wir Freien Demokraten uns bei der Abstimmung der Entschließung zur Zweistaatenlösung enthalten, da diese nicht in ausreichendem Maße dazu beiträgt, festgefahrene Konfrontationen im Nahostkonflikt (auch innerhalb des Europäischen Parlaments) zu überwinden und eine balancierte, konstruktive Rolle für die Europäische Union als Partner für eine friedvolle Zukunftslösung zu definieren. Mit der vorliegenden Entschließung bleibt das Europäische Parlament hinter seinen Möglichkeiten zurück. Es hilft nicht, die üblichen Positionen und Argumente aufzulisten, sondern es müsste darum gehen, neue politische Wege zu beschreiten und den Teufelskreis von Gewalt, Gegengewalt und Hass zu durchbrechen.Wir Freien Demokraten sind überzeugt, dass die Europäische Union als Kontinent der Versöhnung dabei politisch und gesellschaftlich unterstützen könnte. Wir setzen uns daher dafür ein, die Zivilgesellschaft vor Ort in ihrem Einsatz für Demokratie, gegenseitigen Respekt und Toleranz zu bestärken. Dabei spielt das Bildungssystem eine Schlüsselrolle.Für die Europäische Union und Deutschland kommt es darauf an, die Arbeitsdefinition der Internationalen Allianz zur Erinnerung an den Holocaust (IHRA) umzusetzen, entschlossen gegen Antisemitismus und Rassismus vorzugehen und Boykottbewegungen wie BDS keinen Vorschub zu leisten.
2022/12/14
Upscaling the 2021-2027 Multiannual Financial Framework (A9-0281/2022 - Jan Olbrycht, Margarida Marques)

Die Freien Demokraten im Europäischen Parlament setzen sich für eine solide Haushaltspolitik ein, sowohl in Brüssel als auch in den Mitgliedstaaten. Gerade in den Krisenzeiten mit steigender Inflation ist dieses Soliditätsgebot eine Grundvoraussetzung für eine effektive Krisenbekämpfung.Gleichzeitig bedarf es im Rahmen eines soliden EU-Haushalts der für die Krisenbeantwortung notwendige Flexibilität bei den Investitionen. Diese werden vom mehrjährigen Finanzrahmen (MFR) festgelegt, dessen Beschluss inzwischen zwei Jahre zurückliegt – lange vor Beginn des russischen Angriffskriegs in der Ukraine. Der EU-Jahreshaushalt 2023 hat gezeigt, dass hier nicht genug Spielräume vorliegen, um die wirklichen Zukunftsinvestitionen, gerade in der Verteidigungs-, Sicherheits- und Außenpolitik, zu priorisieren. Deshalb kann eine zielgerichtete Öffnung des MFR sinnvoll sein.Für die Freien Demokraten ist klar: Eine Erhöhung des MFR darf nur im Rahmen der bereits vorgesehenen Eigenmittel erfolgen. Ziel müssen auch Verschiebungen zwischen den Haushaltsrubriken sein, insbesondere weg von den teils nicht abgerufenen Kohäsionsfonds. Neue Projekte, wie einen Europäischen Souveränitätsfonds, sehen wir enorm kritisch, eine erneute gemeinsame Schuldenaufnahme schließen wir in jedem Falle aus. Die Europäische Union muss ihre Krisenfestigkeit gerade jetzt auch im Haushalt beweisen.
2022/12/15
CO2 emission standards for cars and vans (A9-0150/2022 - Jan Huitema)

Die FDP-Delegation im Europäischen Parlament hat das Verhandlungsergebnis zwischen dem Parlament und den Mitgliedstaaten zu den CO2-Flottengrenzwerten für Pkws und Vans abgelehnt. Demnach dürfen ab 2035 nur noch Fahrzeuge zugelassen werden, die kein CO2 am Auspuff ausstoßen. Das bedeutet de facto das Aus für den Verbrennungsmotor, auch wenn dieser mit CO2-neutralen synthetischen Kraftstoffen betrieben wird.Wir freie Demokraten haben uns von Anfang an für einen technologieoffenen Ansatz eingesetzt. Nur mit einer Lebenszyklusanalyse werden alle Emissionen einer Antriebstechnologie erfasst und das beste Resultat für die Umwelt, den Industriestandort Deutschland und für die Verbraucherinnen und Verbraucher erzielt. Durch den Einsatz der FDP haben wir eine wichtige Öffnungsklausel für den Einsatz von CO2-neutralen synthetischen Kraftsoffen erreicht.Das ändert allerdings nichts am grundsätzlich fehlgeleiteten Ansatz des erzielten Verhandlungsergebnisses, das wir so auch in der Abstimmung klar abgelehnt haben.
2023/02/14
Energy performance of buildings (recast) (A9-0033/2023 - Ciarán Cuffe)

Die FDP-Delegation im Europäischen Parlament hat den Bericht zur Richtlinie über die Energieeffizienz von Gebäuden (EPBD) abgelehnt. Gemäß dem verabschiedeten Text sollen die Mitgliedstaaten ihren Gebäudebestand in Energieeffizienzklassen (A-G) einteilen. Darauf aufbauend, sind strikte Sanierungspflichten vorgesehen. Bis 2033 müssen somit etwa 45 % des gesamten Gebäudebestands saniert werden. Das bedeutet bereits, dass Länder die bisher Vorreiter in Sachen Energieeffizienz sind, benachteiligt werden. Energieeffizienzklasse D in Finnland wird etwas komplett Anderes bedeuten als D in Griechenland. Abgesehen von der Finanzierung erscheint dies auch völlig unrealistisch, wenn man den Mangel an Fachkräften und Baumaterial betrachtet. Die EPBD stellt zudem einen schweren Eigentumseingriff dar. Falls ein Gebäude nicht die nötige Energieeffizienzklasse erfüllt, soll der Verkauf und die Vermietung erschwert werden. Insbesondere Menschen, denen keine Finanzierungsmöglichkeit zur Verfügung steht, werden hier in die Kostenfalle gejagt. Statt der ordnungspolitischen Keule, setzen wir Freie Demokraten auf den Europäischen CO2-Zertifikatehandel ETS der bald auch für den Gebäudesektor gelten wird. So besteht auch ein wirtschaftlicher Anreiz, den Gebäudebestand zu dekarbonisieren und Sanierungen dort vorzunehmen, wo sie sinnvoll und kosteneffizient umsetzbar sind. Die EPBD als teure Doppelregulierung ist daher abzulehnen.
2023/03/14
European Semester for economic policy coordination 2023 (A9-0044/2023 - Irene Tinagli)

Wir Freie Demokraten stehen für ein wirtschaftlich standhaftes Europa, welches solide haushaltet. Dies gilt auch für seine Mitgliedstaaten und ist Grundvoraussetzung für die Widerstandsfähigkeit der Europäischen Union in Krisenzeiten. Die monetären Effekte des russischen Angriffskriegs auf die Ukraine, steigende Energiekosten und die Auswirkungen der Inflation halten uns vor Augen, dass eine gemeinsame Koordinierung der finanzpolitischen Maßnahmen zur finanzwirtschaftlichen Resilienz beitragen können. Unsere Unterstützung für eine einheitliche europäische Finanzpolitik ist jedoch abhängig von der Tatsache, dass wir weiterhin gegen eine dauerhafte Verschuldung der EU sind. Der Next Generation EU-Fond sowie SURE waren außergewöhnliche Maßnahmen gemäß Artikel 122 AEUV zur Unterstützung der europäischen Wirtschaft vor dem Hintergrund der COVID-19-Pandemie und der sich daraus entwickelnden Krise(n). Wir wollen jedoch, dass der Rückgriff auf die Schuldenpolitik einmalig bleibt, so wie es Artikel 122 AEUV vorsieht und wie es die Bundesregierung den Bürgerinnen und Bürgern versprochen hat. Eine Schuldenunion lehnen wir ab.
2023/03/15
Impact on the 2024 EU budget of increasing European Union Recovery Instrument borrowing costs (A9-0163/2023 - Johan Van Overtveldt)

Die gemeinsame Schuldenaufnahme der Europäischen Union für das NextGenerationEU-Programm wird wichtige Zukunftsinvestitionen im Jahreshaushalt 2024 verhindern. Durch die steigenden Zinskosten für die Finanzierung des Wiederaufbauprogramms der EU werden andere Prioritäten zurückstecken müssen. Voraussichtlich müssen sämtliche Flexibilisierungsinstrumente für die Finanzierung der EU-Schulden genutzt werden. Als Freie Demokraten begrüßen wir, dass das Europäische Parlament dieses Risiko erkannt hat.Dem vorgeschlagenen Lösungsweg können wir so aber nicht zustimmen. Falls der Mehrjährige Finanzrahmen erneut geöffnet werden sollte, kann es dabei nicht einfach nur um eine Erhöhung der zur Verfügung stehenden Mittel gehen. Stattdessen müssen nicht abgerufene Gelder, insbesondere die Kohäsionsmittel, anders verteilt werden. So können wichtige Investitionen, zum Beispiel für Forschung, Digitalisierung und Migrationspolitik gestärkt werden, ohne neue Mittel abrufen zu müssen.
2023/05/10
Own resources: a new start for EU finances, a new start for Europe (A9-0155/2023 - José Manuel Fernandes, Valérie Hayer)

Für die Freien Demokraten im Europäischen Parlament ist klar: Die Europäische Union muss wieder zurück auf den Weg einer soliden Haushaltspolitik kommen. Um die richtigen Zukunftsinvestitionen garantieren zu können, braucht es die notwendigen Gelder. Neue EU-Steuern für Mittel, die am Ende gar nicht abgerufen werden, haben aber nichts mit einer ernstzunehmenden Haushaltspolitik zu tun. Deshalb haben wir als Freie Demokraten gegen den Bericht gestimmt.Neue Vorschläge wie der „faire Grenzmechanismus“, die Finanztransaktionssteuer, die Steuer auf Krypto-Währungen und auch auf Statistiken basierende Eigenmittel sind nett gemeint, aber wären für die europäische Haushaltspolitik desaströs. Statt immer neuer Steuern mit versuchter Lenkungswirkung sollte die Union einen Fokus darauf setzen, nicht genutzte Gelder für Investitionen mit richtigem Mehrwert zu verwenden und mit mehr Flexibilisierungsmöglichkeiten einen zukunftsfesten Haushalt zu schaffen.
2023/05/10
Corporate Sustainability Due Diligence (A9-0184/2023 - Lara Wolters)

Wir FDP-Europaabgeordnete halten ein europäisches Lieferkettengesetz grundsätzlich für wichtig. Nur auf EU-Ebene, kann dies sinnvoll und ohne unverhältnismäßige Einschränkungen des Binnenmarkts realisiert werden. Der Parlamentsposition für eine Richtlinie über die Sorgfaltspflichten von Unternehmen im Hinblick auf Nachhaltigkeit konnten wir als Freidemokraten im Europäischen Parlament jedoch nicht zustimmen. Die Parlamentsposition folgt nicht ausreichend einem risikobasierten Ansatz, würde unverhältnismäßige Berichtspflichten sowie Rechtsunsicherheiten schaffen. Unser Ziel ist ein konstruktives, pragmatisches und ausgewogenes Lieferkettengesetz, das es in der Praxis Unternehmen leichter machen würde, ihren Sorgfaltspflichten nachzukommen. Das Ziel muss Schutz von Menschenrechten durch Transparenz sein, nicht Bürokratie.
2023/06/01
Quality traineeships in the EU (A9-0186/2023 - Monica Semedo)

Die FDP-Delegation im Europäischen Parlament setzt sich dafür ein, dass Praktika europaweit fair vergütet werden. Dem vorliegenden Bericht mit Empfehlungen an die Kommission zu hochwertigen Praktika in der Union konnten wir allerdings nicht zustimmen, da er die falschen Instrumente fordert. Statt die verschiedenen Systeme und Regeln durch EU-Richtlinien und Ratsentscheidungen über einen Kamm zu scheren, gilt es, die bestehenden Probleme gezielt in den Mitgliedsstaaten zu beheben. Dies sollte mit Unterstützung der europäischen Ebene geschehen, aber nicht durch Eingriffe, die nicht im Kompetenzbereich der EU liegen. Da einige für uns wichtige Änderungsanträge leider keine Mehrheit im Plenum fanden, haben wir gegen den Text des Parlaments gestimmt.
2023/06/14
Protection of journalists and human rights defenders from manifestly unfounded or abusive court proceedings (A9-0223/2023 - Tiemo Wölken)

Die FDP-Delegation im Europäischen Parlament unterstützt nachdrücklich das Ziel, Journalisten und Personen, die sich öffentlich beteiligen, vor offenkundig unbegründeten Klagen zu schützen. Die hierfür zu ergreifenden Maßnahmen müssen aber ausgewogen sein und dürfen den freien Zugang zum Recht nicht einschränken.Da dies bei den Vorschlägen des vorliegenden Berichts nicht hinreichend gegeben ist und diese nicht systemgerecht in das deutsche Prozessrecht umsetzbar sind, haben wir uns bei der Abstimmung enthalten.
2023/07/11
Implementation of ‘passerelle’ clauses in the EU Treaties (A9-0208/2023 - Giuliano Pisapia)

Die FDP-Delegation im Europäischen Parlament unterstützt grundsätzlich die Implementierung von „Passerelle“-Klauseln für Mehrheitsentscheidungen. Allerdings haben wir Bedenken bezüglich ihrer Anwendung in der Steuerpolitik. Unsere Position basiert auf dem Prinzip der Subsidiarität und dem Schutz nationaler Souveränität. Wir sind der Ansicht, dass die Besteuerung weiterhin in den Zuständigkeitsbereich der Mitgliedstaaten fallen sollte, um maßgeschneiderte Lösungen zu ermöglichen. Eine zentralisierte Entscheidungsfindung auf EU-Ebene würde die Vielfalt vernachlässigen und nicht allen Mitgliedstaaten gerecht werden.Daher haben wir gegen entsprechende Passagen gestimmt, die eine Übertragung von Entscheidungsbefugnissen in der Steuerpolitik auf die Mehrheitsentscheidung vorsehen. Unser Ziel ist es, die nationalen Kompetenzen zu respektieren und die Vielfalt der Europäischen Union zu wahren.Trotz unserer Bedenken sind wir offen für weitere Diskussionen und eine pragmatische Herangehensweise an „Passerelle“-Klauseln in anderen Politikbereichen. Wir möchten eine effiziente und demokratische Entscheidungsfindung auf EU-Ebene gewährleisten, ohne die nationalen Souveränitätsrechte zu beeinträchtigen. Unsere Vision ist eine ausgewogene Balance zwischen europäischer Zusammenarbeit und nationaler Entscheidungsfreiheit, um die Interessen und Bedürfnisse aller Mitgliedstaaten gleichermaßen zu berücksichtigen.
2023/07/11
Banking Union – annual report 2022 (A9-0177/2023 - Kira Marie Peter-Hansen)

Wir Freien Demokraten im Europäischen Parlament begrüßen die Bankenunion und sehen diese als integralen Teil der Europäischen Integration. Während wir Bankenaufsicht und den Abwicklungsmechanismus im gemeinsamen Euro-Raum befürworten, sprechen wir uns klar gegen eine Risikoteilung bei der Einlagensicherung ohne angemessene Risikokontrollmöglichkeiten aus.Durch eine Umverteilung von Risiken bei sehr unterschiedlichen Ausgangsbedingungen der einzelnen Länder, Banken und Sicherungssysteme entsteht eine unkontrollierte Transferunion im Bereich der Einlagensicherung. Dies würde Einleger und Kreditinstitute belasten und letztendlich zu einer höheren Haftung der Steuerzahler in einigen Ländern mit funktionierendem Einlagensystem führen.Wir unterstützen, dass in dem Bericht zur Bankenunion 2022 explizit auf die funktionierenden institutsbezogenen Sicherungssysteme, wie u. a. die Institutssicherungssysteme bei den Sparkassen und Genossenschaftsbanken, hingewiesen wurde. Die Kommission wird aufgefordert, diese Sicherungssysteme im Zusammenhang mit der Weiterentwicklung des Europäischen Einlagensicherungssystems (EDIS) zu analysieren.Unseres Erachtens müssen vor einem europäischen Einlagensicherungssystem zunächst die Risiken in den Bankbilanzen europaweit reduziert werden. Bis dahin ist es essentiell, das deutsche Einlagensicherungssystem aufrechtzuerhalten und insbesondere sicherzustellen, dass die Institutssicherungssysteme regional und national voll funktionsfähig sind.
2023/07/11
Fostering and adapting vocational training as a tool for employees' success and a building block for the EU economy in the new industry 4.0 (A9-0232/2023 - Anna Zalewska)

Die FDP-Delegation im Europäischen Parlament hat dem weitgehend gelungenen Bericht über die Förderung und Gestaltung der Berufsbildung zugestimmt. Allerdings haben wir gegen ein unterschiedsloses Verbot jeglicher unbezahlten Praktika gestimmt und bedauern, dass dieser Abschnitt eine Mehrheit im Plenum gefunden hat.Wir setzen uns für europaweit fair vergütete Praktika ein, halten ein Komplettverbot unbezahlter Praktika allerdings für den falschen Weg. Eine solche Regelung würde die Zahl an angebotenen Praktikumsplätzen massiv einschränken und ist besonders für kurze Lernpraktika unverhältnismäßig.
2023/07/11
Nature restoration (A9-0220/2023 - César Luena)

Nach einer grundsätzlichen Ablehnung des Kommissionsvorschlags hat die FDP-Delegation im Europäischen Parlament auch die Parlamentsposition zum Gesetz zur Wiederherstellung der Natur abgelehnt. Viele der großen Probleme, hinsichtlich einer Sicherstellung der Nahrungsmittelproduktion und einer Entschärfung des Verschlechterungsverbotes, haben sich verbessert.Dennoch vertreten wir die Ansicht, dass der von der Kommission vorgeschlagene Ansatz, aufgrund seiner Rückwärtsgewandtheit, nicht zu retten ist. Daher haben wir uns einen neuen, durchdachteren Vorschlag gewünscht. Die Parlamentsposition wurde jedoch angenommen und jetzt gilt es die erreichten Verbesserungen in den Verhandlungen mit den Mitgliedstaaten durchzusetzen.
2023/07/12
COVID-19 pandemic: lessons learned and recommendations for the future (A9-0217/2023 - Dolors Montserrat)

Mit einigen Vorbehalten begrüßt die FDP-Delegation im Europäischen Parlament den Bericht des COVI-Sonderausschusses zu den Lehren aus der COVID-19 Pandemie. Der Bericht enthält viele wichtige Punkte, darunter klare Aufforderung an die Kommission zu mehr Transparenz bei der gemeinsamen Beschaffung von Impfstoffen und der Entwicklung einer Strategie zur Bekämpfung von postakuten Infektionssyndromen (Long-Covid).Allerdings gilt es noch einmal zu betonen, dass bei der globalen Versorgung mit Impfstoffen nicht der Patentschutz den limitierenden Faktor dargestellt hat. Dies haben wir auch im Bericht festgehalten. Eine Aufweichung des bestehenden TRIPS-Abkommens lehnen wir grundsätzlich ab. Dies gilt ebenfalls für die geforderten permanenten Transferzahlungen.
2023/07/12
Regulation of prostitution in the EU: its cross-border implications and impact on gender equality and women’s rights (A9-0240/2023 - Maria Noichl)

We Free Democrats are resolute in our fight against trafficking and sexual exploitation. However, we were not able to vote in favour of this report as it contains inaccuracies, misinterpretations of facts and misleading information, and would be harmful to the people it is supposed to protect.The report promotes the so-called Nordic/Equality Model, which criminalises the clients of prostitution, as a base for the approach to prostitution. The European Parliament cannot promote one model over another, as the regulation or criminalisation of certain activities related to prostitution are the competence of the individual EU Member States.Our group, Renew Europe, has made it a priority to fight against all forms of violence, sexual exploitation and harm against women, and with that commitment comes the responsibility to make sure women in prostitution and working within the sex industry are protected from trafficking and other harmful situations, regardless of the legal status of the activity.
2023/09/14
Interim report on the proposal for a mid-term revision of the Multiannual Financial Framework 2021-2027 (A9-0273/2023 - Jan Olbrycht, Margarida Marques)

Die Freien Demokraten kämpfen für eine solide EU-Haushaltspolitik im Mehrjährigen Finanzrahmen (MFR). Der Kommissionsvorschlag für die Halbzeitrevision des MFR hat die richtigen Investitionslücken im EU-Haushalt erkannt. Die vorgeschlagenen Investitionsbereiche – Ukrainehilfe, Bekämpfung der Migrationskrise und strategische Investitionen in Forschung, Wirtschaft und Verteidigung – bieten allesamt europäischen Mehrwert. Die Freien Demokraten konnten die Stärkung dieser Bereiche durch das Parlament im Zwischenbericht deshalb unterstützen. Neue Programme, wie einen wiederholt vorgeschlagenen Souveränitätsfonds, lehnen wir ab.Die Finanzierung dieser Investitionen kann aus Sicht der Freien Demokraten nur durch Umschichtungen erreicht werden, nicht durch neue Eigenmittel. Aufgrund einer hohen Menge nicht abgerufener Gelder aus den Kohäsionsfonds und dem Wiederaufbaufonds sind solche Umschichtungen auch möglich. Unsere Änderungsanträge zur Finanzierung durch Umschichtungen wurden jedoch von Konservativen und Sozialdemokraten im Ausschuss und im Plenum abgelehnt.In dem Wissen, dass im Rat die Notwendigkeit von Umschichtungen von einer großen Mehrheit der Mitgliedstaaten geteilt wird, haben wir als Freie Demokraten dem Zwischenbericht dennoch zustimmen können. Damit unterstützen wir das Parlament in seiner Verhandlungsaufgabe, die richtigen Ausgabenprioritäten zu erkämpfen. Die Mitgliedstaaten müssen sicherstellen, dass Umschichtungen diese Investitionen erlauben.
2023/10/03
Establishing the Strategic Technologies for Europe Platform (‘STEP’) (A9-0290/2023 - José Manuel Fernandes, Christian Ehler)

Investitionen in strategische Technologien sind im geopolitischen Kontext für die Unabhängigkeit und Eigenständigkeit der Europäischen Union essenziell. Der EU-Haushalt bietet bereits jetzt zahlreiche Programme an, die solche Investitionen beinhalten oder anregen können. Dass der ursprüngliche Kommissionsvorschlag für STEP sich auf bestehende Programme fokussiert hat, ist deshalb genau richtig gewesen. Die Finanzierung durch neue Gelder war bereits im Kommissionsvorschlag ein grundlegender Fehler.Das Parlament hätte die Chance gehabt, in Zeiten hoher Inflation ein klares Zeichen für solide Haushaltsführung zu setzen. Mutigere Umschichtungen von ungenutzten Kohäsionsgeldern hätten in STEP eine sinnvollere Umsetzung finden können. Mit den überhöhten Forderungen nach noch mehr Geldern und einem neuen Souveränitätsfonds macht sich das Parlament jedoch unglaubwürdig – eine vertane Chance. Als Freie Demokraten haben wir den Vorschlag deshalb nicht unterstützt.
2023/10/17
General budget of the European Union for the financial year 2024 - all sections (A9-0288/2023 - Siegfried Mureşan, Nils Ušakovs)

Die Positionierung des Europäischen Parlaments in den Verhandlungen zum Jahreshaushalt 2024 setzt die richtigen Schwerpunkte. Mit den Forderungen nach Investitionen für Horizont Europa, Erasmus+, Medienpluralismus, Sicherheitszusammenarbeit, Grenzschutz, Verteidigung und Menschenrechte weltweit setzt das Parlament EU-Programme mit tatsächlichem europäischen Mehrwert in den Fokus. Als Freie Demokraten haben wir uns somit erfolgreich für diese Schwerpunktverschiebung eingesetzt und deshalb der Parlamentsposition zugestimmt.Für die Verhandlungen mit dem Ministerrat und der Kommission erhoffen wir uns dennoch einige Verbesserungen. Die geplanten Mittel für Kohäsions- und Strukturfonds sind zu hoch geplant. Für das laufende Jahr hat die Kommission erst kürzlich die Auszahlungsschätzung für diese Mittel um 5 Mrd. Euro verringert. Die EU darf hier keine Realitätsverweigerung betreiben, wenn die Mitgliedstaaten mit der Abrufung der Gelder nicht hinterherkommen.Nach den abscheulichen Terrorangriffen der Hamas gegen Israel gilt dem Staat unsere volle Solidarität. Es ist deshalb vollkommen klar, dass die EU absolut sicher sein muss, dass keine ihrer Gelder über Umwege in die Hände der Hamas fließen. Bis dahin sollten keine Auszahlungen von Entwicklungsgeldern nach Palästina erfolgen. Außerdem muss sichergestellt werden, dass keinerlei EU-Gelder in die Finanzierung antisemitischen Schulmaterials fließt. Als Freie Demokraten setzen wir uns weiter dafür ein.
2023/10/18
Type-approval of motor vehicles and engines with respect to their emissions and battery durability (Euro 7) (A9-0298/2023 - Alexandr Vondra)

Die FDP-Delegation im Europäischen Parlament hat den Bericht zur neuen Abgasnorm Euro-7 abgelehnt. Der Text des Parlaments stellt zwar eine deutliche Verbesserung im Vergleich zum Vorschlag der Kommission dar, ein entscheidender Punkt fehlt allerdings: die gesetzliche Verankerung von Erneuerbaren Kraftstoffen (z. B. E-Fuels). Für uns Freie Demokraten war aufgrund des gerade stattfindenden Transformationsprozesses in der Automobilbranche von Anfang an klar, dass Euro-7 zu keinen exzessiven Kosten führen darf. Ebenso klar war, dass eine Verankerung von Erneuerbaren Kraftstoffen in Euro-7 erfolgen muss. Aus diesem Grund haben wir Änderungsanträge ins Plenum eingebracht, um diese Verankerung zu erreichen und das volle Potential von klimaneutralen Kraftstoffen für die schnelle Dekarbonisierung des Transportsektors nutzen zu können. Dass eine knappe Mehrheit das abgelehnt hat, ist eine vertane Chance. Wir Freie Demokraten im Europäischen Parlament werden uns auch weiterhin für Erneuerbare Kraftstoffe einsetzen, denn nur Technologieoffenheit bringt die besten und günstigsten Lösungen.
2023/11/09
Common rules promoting the repair of goods (A9-0316/2023 - René Repasi)

Das „Recht auf Reparatur“-Gesetz muss einen Beitrag leisten um Wirtschaftswachstum stärker von primärer Ressourcennutzung zu entkoppeln. Das muss mit sinnvollen Maßnahmen zur Verbesserung von Reparierbarkeit von Produkten und zur Reduzierung des Ressourcenverbrauchs einhergehen. Produkte müssen einfacher zu reparieren sein, auch durch Anreize für eine Reparatur kann hier viel erreicht werden.Die FDP im Europäischen Parlament kann der finalen Version des Parlamentstexts jedoch nicht zustimmen, da sie die Wahlfreiheit der Verbraucher beschneidet: Es ist höchst problematisch, dass das Recht für Verbraucher eingeschränkt werden soll, zwischen Reparatur und Ersatzgerät zu wählen, wenn ein Produkt fehlerhaft ist. Stattdessen sollen Verbraucher zur Reparatur verpflichtet werden. Viele Fragen bleiben unbeantwortet. Etwa ob in der Zwischenzeit ein Ersatzgerät gestellt wird, wer das bezahlt und wer entscheidet, wann eine Reparatur sich nicht mehr lohnt. Mehr Bürokratie für Unternehmen und schlechterer Verbraucherschutz kann nicht die Lösung sein.Dieses Problem muss im Trilog behoben werden, damit ein praktikables und verbraucherfreundliches Recht auf Reparatur kommt.
2023/11/21
Framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act) (A9-0343/2023 - Christian Ehler)

Der Ausbau von Netto-Null-Technologien in der Europäischen Union ist essenziell für die Erreichung der Ziele der grünen und digitalen Transformation. Als FDP-Delegation im Europäischen Parlament begrüßen wir deswegen die europäische Initiative dazu mit Maßnahmen zur Beschleunigung von Genehmigungsverfahren und zentralen Anlaufpunkten.Weiterhin setzen wir Freien Demokraten uns allerdings auch für die Vereinfachung von Vergabeverfahren ein. Der Parlamentsbericht steht diesem Anliegen diametral entgegen. Sowohl die überzogene Gewichtung als auch unkonkrete Ausgestaltung der Nachhaltigkeits- und Resilienzkriterien sind für uns inakzeptabel. Darüber hinaus lehnen wir die Einführung von Präqualifikationskriterien, mit welchen Länder des Globalen Südens quasi pauschal von Vergabeverfahren ausgeschlossen werden, als protektionistisches Instrument ab. Deswegen kann die FDP im Europäischen Parlament dem finalen Parlamentstext nicht zustimmen.Jetzt kommt es darauf an, im Trilog eine konkretere Ausgestaltung und angemessene Gewichtung der Vergabekriterien zu erreichen, um europäische Netto-Null-Industrien wirklich zu fördern.
2023/11/21
Strengthening the CO2 emission performance targets for new heavy-duty vehicles (A9-0313/2023 - Bas Eickhout)

Das Resultat der engen Abstimmung zu den CO2-Flottengrenzwerten für schwere Nutzfahrzeuge hat Licht und Schatten. Eine Mehrheit des Parlaments ist einer Reihe von FDP-Anträgen gefolgt, mit dem Ziel Technologieoffenheit in die Europäische Verkehrspolitik zu bringen. Zum einen konnte ein realistischer Grenzwert für den CO2-Ausstoß von Wasserstoffverbrennungsmotoren gesetzt werden. Dies ist notwendig, da aufgrund von Motorenöl weiterhin minimale Mengen an CO2 ausgestoßen werden. Der zu niedrige Grenzwert des Umweltausschusses hätte das Aus für den Wasserstoffmotor bedeutet. Weiterhin wurden Erneuerbare Kraftstoffe in den Gesetzestext aufgenommen. Basierend darauf, muss die Kommission nun einen Vorschlag vorlegen, um eine neue LKW-Klasse zu schaffen, die rein mit klimafreundlichen Kraftstoffen betrieben werden soll. Das ist ein wichtiger Schritt in Richtung Technologieoffenheit. Die neue Fahrzeugklasse soll dann nicht unter die Flottengrenzwertregulierung fallen, bei der CO2-Werte lediglich am Auspuff gemessen werden.Gleichzeitig wurden Anträge abgelehnt, die diesen ideologischen Tailpipeansatz des Gesetzesvorschlags insgesamt korrigiere. Daher hat die FDP-Delegation im EP den Text in der Schlussabstimmung abgelehnt. Für die nun anstehenden Trilogverhandlungen mit den Mitgliedsstaaten ist es entscheidend, diese Erfolge zu verteidigen und auszubauen, damit Erneuerbare Kraftstoffe ihren Beitrag zur Dekarbonisierung des Transportsektors leisten können.
2023/11/21
Sustainable use of plant protection products (A9-0339/2023 - Sarah Wiener)

Im Kommissionsvorschlag sollte der Einsatz von Pflanzenschutzmitteln pauschal in allen Schutzgebieten verboten werden. Dies hätte zahlreichen Landwirten die Existenzgrundlage entzogen. Deutschland wäre besonders hart davon betroffen gewesen, da allein die Landschaftsschutzgebiete, also die Gebiete, die eine Kulturlandschaft schützen sollen, knapp 30 % der Gesamtfläche einnehmen. Hier hätte Landwirtschaft nur noch sehr eingeschränkt stattfinden können. Darüber hinaus waren überzogene Reduktionspflichten vorgesehen.Mit zahlreichen von uns eingebrachten Änderungsanträgen, konnten wir den Gesetzvorschlag deutlich verbessern. So wäre es in sensiblen Gebieten nun möglich gewesen, den Einsatz von Pflanzenschutzmitteln nur dann einzuschränken, wenn der Schutzzweck des Schutzgebiets gefährdet gewesen wäre. Pauschalverbote, wie von der Kommission und der grünen Berichterstatterin im Parlament vorgesehen, wären vom Tisch gewesen. Daher haben wir in der finalen Abstimmung für die Parlamentsposition gestimmt.
2023/11/22
Packaging and packaging waste (A9-0319/2023 - Frédérique Ries)

Die Abstimmung zur Europäischen Verpackungsverordnung hat den Vorschlag der Kommission in einigen Aspekten verbessert. So wurde erreicht, dass Hersteller und Vertreiber von den vorgesehenen pauschalen Mehrwegquoten ausgenommen werden können, wenn der Nachweis erbracht wird, dass Einwegverpackungen über eine bessere Ökobilanz verfügen. Diese Ausnahmen müssen aber auch unbürokratisch umgesetzt werden.Auf der anderen Seite stellt der nun verabschiedete Text weiterhin eine bürokratische Überregulierung dar. So werden unter anderem detaillierte Vorgaben für den Einsatz von Rezyklaten, für Recyclingfähigkeit und zum Leerraum in Verpackungen festgeschrieben. Starre Vorgaben zu nationalen Pfandsystemen würden beispielsweise dazu führen, dass das etablierte deutsche Pfandlabel verboten wird. Das Europäische Parlament hat zusätzlich ein pauschales Verbot von sogenannten per- und polyfluorierte Alkylverbindungen (PFAS) in Verpackungen beschlossen. Diese kommen dort aufgrund ihrer wasser- und fettabweisenden Eigenschaften zum Einsatz. Solch ein Verbot kann in bestimmten Fällen sinnvoll sein, ist in dieser Pauschalität aber abzulehnen. Dies gilt umso mehr, da die Europäischen Chemikalienagentur ECHA aktuell prüft, ob und in welchem Umfang die Verwendung von PFAS einzuschränken ist. Dieser Bewertung sollte nicht vorweggegriffen werden.Aus diesen Gründen hat die FDP-Delegation im Europäischen Parlament, den Text in der Schlussabstimmung abgelehnt.
2023/11/22

Written questions (29)

Compliance by Turkey with EU State aid rules
2019/09/23
Documents: PDF(51 KB) DOC(19 KB)
Coca-Cola fined for LGBTI campaign in Hungary
2019/11/07
Documents: PDF(52 KB) DOC(10 KB)
Continuation of trade negotiations and implementation of trade agreements during the COVID-19 crisis
2020/04/15
Documents: PDF(40 KB) DOC(9 KB)
Massive industrial recovery plan for airlines and the aeronautics industry in the light of the economic impact of the COVID-19 pandemic
2020/04/22
Documents: PDF(42 KB) DOC(10 KB)
Reports of flight cancellations without refunds
2020/06/11
Documents: PDF(41 KB) DOC(10 KB)
Alleged illicit financing from the Venezuelan government
2020/06/16
Documents: PDF(50 KB) DOC(10 KB)
Development of trade relations with Thailand
2020/07/10
Documents: PDF(38 KB) DOC(9 KB)
Mass arrest of LGBTI activists in Poland
2020/09/01
Documents: PDF(58 KB) DOC(11 KB)
Transatlantic collaboration on artificial intelligence
2020/09/30
Documents: PDF(42 KB) DOC(10 KB)
EU action on the human rights violations in Xinjiang since the publication of the China Cables on 23 November 2019
2020/11/23
Documents: PDF(44 KB) DOC(10 KB)
Customs controls in Europe after Brexit
2020/11/27
Documents: PDF(40 KB) DOC(9 KB)
The Bangladeshi Government’s relocation of Rohingya refugees to Bhasan Char island, potentially against their will
2020/12/16
Documents: PDF(44 KB) DOC(10 KB)
Impact of the source code clause on the future EU regulation on artificial intelligence (AI)
2021/01/26
Documents: PDF(39 KB) DOC(9 KB)
The impact of the source code clause on future EU regulation of artificial intelligence
2021/01/26
Documents: PDF(38 KB) DOC(9 KB)
The impact of the report by the panel of experts in the EU-Korea dispute settlement procedure on the labour rights provisions in the CAI
2021/01/27
Documents: PDF(39 KB) DOC(9 KB)
EU response to the crackdown on democracy in Cambodia
2021/03/17
Documents: PDF(44 KB) DOC(9 KB)
Starting negotiations on a bilateral investment agreement with Taiwan
2021/03/25
Documents: PDF(41 KB) DOC(9 KB)
Bank charges for invitations to general meetings of foreign companies
2021/04/20
Documents: PDF(38 KB) DOC(9 KB)
Lieferando shadow websites
2021/04/26
Documents: PDF(38 KB) DOC(9 KB)
Encryption technologies in the context of WTO e-commerce negotiations
2021/05/12
Documents: PDF(39 KB) DOC(10 KB)
The EU’s support for civil society in Belarus
2021/05/28
Documents: PDF(39 KB) DOC(9 KB)
Chinese investment in a major European container hub: HHLA Container Terminal Tollerort in Hamburg, Germany
2021/10/21
Documents: PDF(41 KB) DOC(9 KB)
Unpaid traineeships in EU institutions
2022/02/13
Documents: PDF(52 KB) DOC(11 KB)
The exclusion of trainees in EU institutions from Erasmus grants
2022/02/13
Documents: PDF(50 KB) DOC(10 KB)
The European Chips Act and its implications for competition and a functioning market
2022/02/16
Documents: PDF(41 KB) DOC(9 KB)
PimEyes: the fundamental rights implications of private use facial recognition technology and biometric databases
2022/07/14
Documents: PDF(47 KB) DOC(10 KB)
Designation of the IRGC as a terrorist organisation within the parameters of Common Position 2001/931/CFSP
2023/02/16
Documents: PDF(51 KB) DOC(11 KB)
EU response to electoral process violations in Cambodia
2023/07/21
Documents: PDF(42 KB) DOC(10 KB)
Retail establishment restrictions under German urban planning law
2023/08/30
Documents: PDF(41 KB) DOC(10 KB)

Amendments (2708)

Amendment 95 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 1
4. Matters shall be considered to be transnational where they can reasonably be expected to concern the Community- scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.
2024/02/22
Committee: EMPL
Amendment 101 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2
Those conditions shall be deemed to be met where: the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings affect workers in undertakings or establishments in more than one Member State.
2024/02/22
Committee: EMPL
Amendment 105 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point a
(a) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in undertakings or establishments in more than one Member State;deleted
2024/02/22
Committee: EMPL
Amendment 114 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b
(b) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in another Member State can reasonably be expected to be affected by the consequences of those measures.”;deleted
2024/02/22
Committee: EMPL
Amendment 163 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 1
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 1
“These expenses shall include reasonable costs of experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to central management before they are incurred. Expenses shall be notified to and approved by central management before they are incurred. Member States may in particular limit the funding to cover one expert only.”;
2024/02/22
Committee: EMPL
Amendment 179 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point d
(d) the format,offline or online format, in person or digital venue, frequency and duration of meetings of the European Works Council;”;
2024/02/22
Committee: EMPL
Amendment 189 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f – indent 1
– the possible use of experts, including legal experts, to assist the European Works Council in the discharge of its functions;
2024/02/22
Committee: EMPL
Amendment 200 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 3
– the provision of necessary and relevant training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10(4), first subparagraph;”;
2024/02/22
Committee: EMPL
Amendment 214 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Directive 2009/38/EC
Article 6 – paragraph 2 a
“2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, as far as possible, and without prejudice to national laws on electing workers representatives, the objective of gender balance whereby, striving to achieve representation of women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members.”;
2024/02/22
Committee: EMPL
Amendment 240 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 1 – subparagraph 2
A Member State may make such dispensation subject to prior administrative or judicial authorisation.deleted
2024/02/22
Committee: EMPL
Amendment 245 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 2
2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the non-transmission of information.”;deleted
2024/02/22
Committee: EMPL
Amendment 270 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 4
4. In so far as this is necessary for and directly linked to the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages.
2024/02/22
Committee: EMPL
Amendment 279 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) adequate procedures are available to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner;, and shall not encompass preliminary injunctions aimed at the temporary suspension of decisions made by the central management.
2024/02/22
Committee: EMPL
Amendment 292 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 2
In the event of failure to comply with the national provisions transposing the obligations under Article 9(2) and (3), Member States shall provide for pecuniary sanctions, to be determined considering the criteria listed in the third subparagraph of this paragraph, without prejudice to the possibility to provide for other types of sanctions in addition.
2024/02/22
Committee: EMPL
Amendment 298 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 3
For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, duration, consequences, and the intentional or negligent nature of the offence, and in respect of pecuniary sanctions, also the size and financial situation of the sanctioned undertaking or group, and any other relevant criteria.”;
2024/02/22
Committee: EMPL
Amendment 304 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
(c) the following paragraph 4 is added: “4. Where Member States make access to legal proceedings conditional upon the prior implementation of an alternative dispute resolution, that procedure shall neither result in a decision which is binding on the parties concerned, nor otherwise prejudice their right to bring legal proceedings.”;deleted
2024/02/22
Committee: EMPL
Amendment 317 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a – paragraph 1
1. WThere, following the transposition of [OP: insert reference to this amending Directive], obligations arising from this Directive under Article 6 shall not automatically be applicable to a European Works Council agreement or agreement on an information and consultation procedure concluded before [OP: insert date from which the transposing provisions are to apply, set out in the Article 2(1), 2nd subpar. of this amending Directive] in accordance with Articles 5 and 6 of Directive 94/45/EC or Articles 5 and 6 of this Directive is not in conformity with any of the requirements applicable to that agreement as a consequence of the amendments provided for in [OP: insert reference to this amending Directive], central management shall initiate negotiations to adapt that agreement at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States. Central management may also initiate such negotiations on its own initiative.
2024/02/22
Committee: EMPL
Amendment 320 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a – paragraph 1 a (new)
1a. If a European Works Council agreement or agreement on an information and consultation agreement referred to in paragraph one is not in conformity with any of the requirements in Article 6 of the amendments provided for in [OP: insert reference to this amending Directive], central management shall however initiate negotiations to adapt that agreement at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States. Central management may also initiate such negotiations on its own initiative. After such a renegotiation procedure, the obligations arising from this Directive shall apply.
2024/02/22
Committee: EMPL
Amendment 7 #

2023/2072(INI)

Draft opinion
Paragraph 2
2. Notes that China was the seventh biggest investor in the EU in 2021 and that Chinese investments in Europe continued to decline in 2022, reaching a 10-year low of EUR 7.9 billion, following a different pattern than the global recovery in FDI flows seen in 2021;
2023/09/11
Committee: INTA
Amendment 9 #

2023/2072(INI)

Draft opinion
Paragraph 2 a (new)
2a. Highlights that according to an Evaluation from the European Union Court of Auditors, Chinese investments in the EU have been concentrated during 2000-2020 in strategic areas such as transport and infrastructure, information and communication technologies, and energy;
2023/09/11
Committee: INTA
Amendment 10 #

2023/2072(INI)

Draft opinion
Paragraph 2 b (new)
2b. Points out that the political system in China provides for investors based on a combination of private and state actors or of state-owned enterprises, closely linked to the ruling party, and therefore brings ambiguity regarding the interest behind their investments in third countries’ critical infrastructure;
2023/09/11
Committee: INTA
Amendment 12 #

2023/2072(INI)

Draft opinion
Paragraph 3
3. Is nevertheless convinced that the trade and investment relationship between the EU and China isare of strategeconomic importance and should bethat these should be reciprocal and rules- based, with the multilateral trading system and the principle of reciprocity at its cobe it on a bilateral level or under the multilateral trading system; regrets that this is not the case today and believes that the enlarged EU trade toolbox with autonomous measures such as the FDI screening, the International Procurement and the Foreign Subsidies Instruments, the Enforcement as well as the Anti- Coercion regulations, are of major importance when it comes to foreign ownership, control or access to EU critical infrastructure;
2023/09/11
Committee: INTA
Amendment 19 #

2023/2072(INI)

Draft opinion
Paragraph 4
4. Emphasises that trade and investment are key drivers of sustainable growth, job creation and, innovation and that the EU should therefore maintain its economic openness 1 ; Meanwhile the European Union must strike a balance between investment attractiveness and the defence of its critical infrastructures and at the same time its autonomy; in this sense welcomes the new de-risking strategy in the Commission’s and the High Representative’s Communication on a European Economic Security Strategy in June 2023; _________________ 1 Commission communication of 18 February 2021 entitled ‘Trade Policy Review – An Open, Sustainable and Assertive Trade Policy’ (COM(2021)0066).
2023/09/11
Committee: INTA
Amendment 38 #

2023/2072(INI)

Draft opinion
Paragraph 6
6. Welcomes the Commission’s proposed European economic security strategy2 , which aims to maximise the benefits of the EU’s economic openness while minimising the risks resulting from economic interdependencies; and to protect, promote and strengthen the European open autonomy strategy;. Approves of the fact that the strategy explicitly recognises that risks to the physical and cyber security of critical infrastructure are key security vulnerabilities for European economies; _________________ 2 Joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 20 June 2023 on ‘European Economic Security Strategy’ (JOIN(2023)0020).
2023/09/11
Committee: INTA
Amendment 44 #

2023/2072(INI)

Draft opinion
Paragraph 6 a (new)
6a. Raises concerns over the fact that Chinese investment in critical infrastructure in third countries may lead to gaining control in or over some sectors, which in turn could facilitate espionage and control of access; believes in this respect that cooperation between EU Member States is key, in ensuring security and public order when it comes to foreign direct investments into the EU but also in order to ensure incentives for Union wide strategic cooperation that makes configurations like the 14+1 less attractive ;
2023/09/11
Committee: INTA
Amendment 55 #

2023/2072(INI)

Draft opinion
Paragraph 7
7. Recalls that the Regulation on the screening of foreign direct investments3 addresses risks to security and public order resulting from investments from outside the EU; notes that critical infrastructure is among the factors that may be taken into consideration by the Member States or the Commission in determining whether an investment is likely to affect security or public order.; expresses strong concerns that all Member States do not have in place or use screening on foreign investment in critical infrastructure and believes that there is scope and need for strengthening the Regulation in its upcoming review at the end of the year; _________________ 3 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1).
2023/09/11
Committee: INTA
Amendment 6 #

2023/2059(INI)

Draft opinion
Recital A a (new)
Aa. whereas Hu Jintao reported to the 18th National Congress of the CCP a national goal of building China into a maritime great power;
2023/09/28
Committee: INTA
Amendment 18 #

2023/2059(INI)

Draft opinion
Paragraph 2
2. Highlights that an open, sustainable and assertive EU trade policy, coupled with ambitiousfree and fair trade agreements, would strengthen the competitiveness and resilience of European ports; reminds, however, that the European Union needs to strike a balance between attracting foreign investments and defending its critical infrastructure, including the integrity of its ports;
2023/09/28
Committee: INTA
Amendment 33 #

2023/2059(INI)

Draft opinion
Paragraph 3
3. Notes that the implementation of recent or pending EU legislation, including in the field of trade, will requires effective enforcement by the Union and its Member States, as well as investment and training for port operators and authorities;
2023/09/28
Committee: INTA
Amendment 42 #

2023/2059(INI)

Draft opinion
Paragraph 4
4. Emphasises that in certain cases foreign trade and investment can cause security vulnerabilities, in particular with regard to foreign ownership, control or access to EU critical infrastructure, including European ports. Notes,in this regard the special nature of some ports, which do not only provide logistical infrastructure but also contribute to the European defence system;
2023/09/28
Committee: INTA
Amendment 45 #

2023/2059(INI)

Draft opinion
Paragraph 5
5. Underlines that Chinese state companies have sought to acquire majority or controlling stakes in a number of European ports as part of, currently estimated to include total or partial control of 14 ports in the European Union and 10% of European shipping activities; warns that this is not only done in simple economic interests, but these investments are also part of the Chinese government’s so called “international ocean governance”, translated into politics such as the Belt and Road Initiative, which is a strategy aiming to gain influence over key European naval infrastructure and a distinct matter of economic security of considerable importance in the current context of geopolitical competition; is convinced that the EU-China bilateral trade and investment relationship is of strategic importance and should be rules-based, with the multilateral trading system and the principle of reciprocity at its core, and with clear European control of its critical infrastructure;
2023/09/28
Committee: INTA
Amendment 62 #

2023/2059(INI)

Draft opinion
Paragraph 7
7. Recalls that the regulation on the screening of foreign direct investments2 addresses risks to security and public order resulting from investments from third countries, including those concerning European ports; believes that the review of this regulation should look closely into loopholes and access to critical European infrastructure, stemming from the fragmented use and implementation of screening mechanisms across Member States, as well as how the regulation can be strengthened to serve its purpose; _________________ 2 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1).
2023/09/28
Committee: INTA
Amendment 64 #

2023/2059(INI)

Draft opinion
Paragraph 8
8. Emphasises the considerable role that the Global Gateway could play in strengthening the network of European ports with third countries, facilitating trade and expanding investment opportunities; stresses in this context that this strategy must also contribute to the strengthening of the partner countries, and in particular of their independence in terms of critical strategic infrastructure to prevent them falling under the control of foreign investors with ambiguous goals.
2023/09/28
Committee: INTA
Amendment 3 #

2023/2019(INI)

Motion for a resolution
Recital C
C. whereas Parliament requested that the Commission carefully assess the possible inclusion of electronically supplied services whose main feature is the provision of access to and use of copyright protected works or other protected subject matter into the scope of the Geo-blocking Regulation; whereas the Commission was bound by the Geoblocking Regulation Article 9, to perform such an evaluation by 23 March 2020; whereas the Commission report on the first short-term review of the Geo-blocking Regulation stated that, as regards audiovisual content, the Commission would engage in dialogue with stakeholders with a view to fostering the circulation of quality content across the EU; whereas this dialogue is included as Action 7 in the Media and Audiovisual Action Plan9 ; __________________ 9 COM(2020)0784.
2023/07/13
Committee: IMCO
Amendment 17 #

2023/2019(INI)

Motion for a resolution
Paragraph 1
1. Underlines the remaining untapped potential for cross-border economic activities that could be encouraged by the removal of all geo-blocking barriers and the continued promotion of the free movement of products and services in line with the principles of the Geo-blocking Regulation; emphasizes the need for increased consumer awareness and improved enforcement of measures at the national level to ensure the effectiveness of the Geo-blocking Regulation; calls for further actions aimed at removal of barriers and easing burdens to provide cross-border services, especially parcel delivery services, to realize the full potential of the Single Market for consumers and businesses;
2023/07/13
Committee: IMCO
Amendment 24 #

2023/2019(INI)

Motion for a resolution
Paragraph 2
2. Underlines the importance of the Geo-blocking Regulation in building a more robust, coherent and accessible internal market for all citizens and businesses in the EU, regardless of their place of residence or establishment; stresses that further steps need to be taken to achieve the full potential of the Regulation, including by strengthening the legal framework supporting the cross- border exchange of goods and services; emphasizes the need for a comprehensive evaluation of the Regulation's effectiveness, taking into account the changes in consumers' and traders' behaviour triggered by the COVID-19 pandemic;
2023/07/13
Committee: IMCO
Amendment 29 #

2023/2019(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Notes that the Commission published the First short-term review of the Geo-blocking Regulation’ (COM(2020)0766) and the accompanying staff working document (SWD(2020)0294) only on 30 November 2020, which is 7 months after the deadline set in the Regulation;
2023/07/13
Committee: IMCO
Amendment 30 #

2023/2019(INI)

Motion for a resolution
Paragraph 2 b (new)
2 b. Recalls the European Parliament plenary debate, on the evaluation of Geoblocking Regulation, on 11 March 2021, where the Commission was called on multiple occasions to adopt a legislative proposal to include audiovisual services in the scope of the Geoblocking Regulation; Recalls that during this debate the Commission announced that it will engage, with stakeholders in a dialogue to identify how to foster better circulation of such content across the Union; Recalls that during the same debate the Commission announced that it will take stock of the progress achieved by the end of 2022 and decide on the follow- up, assessing various options, including legislative interventions;
2023/07/13
Committee: IMCO
Amendment 31 #

2023/2019(INI)

Motion for a resolution
Paragraph 2 c (new)
2 c. Recalls that this dialogue was also mentioned in the Media and Audiovisual Action Plan adopted on 3 December 2020, where the Commission stated that this dialogue will take place in the course of 2021 and contribute to agreeing on concrete steps to improve access to and availability of audiovisual content across borders, that possible specific targets to increase the circulation of audiovisual works across the EU and ways to achieve them could be defined in the dialogue, and that the Commission, will monitor the progress in the achievement of the specific targets in cooperation with the audiovisual sector and decide on the follow-up, assessing various options, including legislative intervention;
2023/07/13
Committee: IMCO
Amendment 32 #

2023/2019(INI)

Motion for a resolution
Paragraph 2 d (new)
2 d. Notes that the Commission effectively launched the dialogue on 9 November 2021 and that the fifth and the final meeting took place on 6 December 2022. Regrets that the Commission did not set out clear targets in regard to improving access to and availability of audiovisual content across borders at the beginning of the dialogue with the industry; Regrets that during past 3 years, from the announcement of the dialogue with the audiovisual industry at the end of 2020 until today, this exercise did not bring any concrete solutions, in terms of improving access to and availability of audiovisual content across borders, for the consumers;
2023/07/13
Committee: IMCO
Amendment 33 #

2023/2019(INI)

Motion for a resolution
Paragraph 2 e (new)
2 e. Calls the Commission to present to the Parliament the detailed outcome of its stakeholder dialogue on improving access to and availability of audiovisual content across borders, as a matter of urgency; asks the Commission to complement this report with an assessment of the proposed measures and its potential benefits for consumers;
2023/07/13
Committee: IMCO
Amendment 34 #

2023/2019(INI)

Motion for a resolution
Paragraph 3
3. Recognises that the Commission carried out its first review prior to the start of the COVID-19 pandemic, which means that changes to both consumer and trading behaviour triggered by the pandemic were therefore not reflected in the 2020 Commission report; recalls the changes in consumer habits and the rising preference for online services that were additionally strengthened by the COVID-19 pandemic; underlines, therefore, the need to draw further conclusions based on the new data in this area, as 12 % of EU businesses10 started or increased efforts to sell goods or services online due to the pandemicsuggests a re- evaluation of the Geo-blocking Regulation in the context of the accelerated digital transformation induced by the pandemic, which has seen an increasing number of businesses moving online; recalls the changes in consumer habits and the rising preference for online services that were additionally strengthened by the COVID-19 pandemic; acknowledges the surge in online activities, including e-commerce, digital services, and remote work, underscoring the need for a robust and inclusive digital single market that caters to these evolving consumer habits; underlines, therefore, the need to draw further conclusions based on the new data in this area, as 12 % of EU businesses10 started or increased efforts to sell goods or services online due to the pandemic; emphasizes the importance of the Geo-blocking Regulation in facilitating cross-border online transactions and ensuring a fair and competitive digital single market, given the significant shift of businesses towards online platforms; __________________ 10 Eurostat, ‘Online sales efforts on the rise due to the pandemic’, 11 April 2022.
2023/07/13
Committee: IMCO
Amendment 40 #

2023/2019(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Recalls that, even before COVID- 19 pandemic, there was an increasing demand among EU consumers to access audiovisual content and sports in another EU country. 40% of Europeans tried or were interested in accessing audiovisual content from other EU Member State already in 20191a; notes that geoblocking of the audiovisual sectors leads to the fragmentation of the Digital Single Market. According to Commission's report1b, the availability of audiovisual content online (in particular films and series) across the EU remains very limited (on average 14.1%); is particularly concerned that consumers in Greece have access to only 1.3% of all the titles available in all EU Member States; __________________ 1a First short-term review of the Geo- blocking Regulation (COM(2020)0766) and the accompanying staff working document (SWD(2020)0294). 1b Flash Eurobarometer 477b, Cross border access to content online, June 2019.
2023/07/13
Committee: IMCO
Amendment 45 #

2023/2019(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Member States to fully apply and enforce the Geo-blocking Regulation and to act decisively against entitcompanies that deprive consumers of all the benefits offered by the single market, also by securing proper enforcement tools, including through a reinforced Consumer Protection Cooperation network; urgecalls the Commission to strengthen equalthe enforcement and to initiate and follow-up on infringement procedures in order to avoid the fragmentation of the rules;
2023/07/13
Committee: IMCO
Amendment 48 #

2023/2019(INI)

Motion for a resolution
Paragraph 5
5. Is concerned that a full-scale evaluation will face challenges due to the delay in application and a lack of data; notes, however, that the progress in the digitalisation of trade in goods and services should by its nature ease cross- border access and promote competition among different EU businesses to the benefit of consumerEmphasizes the need for a more robust data collection and analysis framework to better understand the impact and effectiveness of the Geo- blocking Regulation, including its effects on consumer behaviour and market dynamics;
2023/07/13
Committee: IMCO
Amendment 50 #

2023/2019(INI)

Motion for a resolution
Paragraph 6
6. Acknowledges the need for further evidence on the effectiveness, proportionality and dissuasiveness of the different enforcement measures in the Member States in the context of business- to-business transactions; encourages the Commission to conduct a comprehensive study on the impact of the Geo-blocking Regulation on business-to-business transactions, with a particular focus on small and medium-sized enterprises;
2023/07/13
Committee: IMCO
Amendment 52 #

2023/2019(INI)

Motion for a resolution
Paragraph 7
7. Notes that one third of all complaints received by responding competent authorities were not actually covered by the Regulation, including, among other things, copyright-protected content and insurance services; acknowledges the need for further investigation into these areas, particularly in light of the Commission's study on the impacts of extension of the scope of geo- blocking regulation to audiovisual and non-audiovisual services giving access to copyright protected content; emphasizes the importance of considering the potential benefits of extending the scope of the Regulation to new areas such as copyright-protected content, particularly in relation to audiovisual content, the availability of which is often limited within national borders and access to which is often geo-blocked, as well as insurance services;
2023/07/13
Committee: IMCO
Amendment 59 #

2023/2019(INI)

Motion for a resolution
Paragraph 8
8. Notes that the blocking of access to online interfaces and rerouting were the most common grounds for complaint in most Member States; recalls that the new Consumer Protection Cooperation Regulation (EU) 2017/2394 is meant to reinforce the cooperation of the Consumer Protection Cooperation network as it provides for new procedures and reinforced mutual assistance and alert mechanisms; calls for an evaluation of the effectiveness of these new procedures and mechanisms, and for the development of strategies to address the most common grounds for complaint; emphasizes the need to increase efforts put in the awareness raising campaigns for both traders and consumers;
2023/07/13
Committee: IMCO
Amendment 61 #

2023/2019(INI)

Motion for a resolution
Paragraph 9
9. Recognises that certain price differences can exist for cross-border customers, which can be justified based on different value added tax (VAT) rates; and higher costs for cross-border delivery and running business operations; believes, however, thatt the same time, consumers should not be blocked from accessing competitive offers made available across the single market by the same or other providers; calls on the Commission and the Member States to take further steps to ease the access to and operations of cross-border parcel delivery services; encourages the Commission to continue analysing the changes of consumers' and traders' behaviours, triggered by the COVID-19 pandemic, that have not been sufficiently reflected in the 2020 Commission report;
2023/07/13
Committee: IMCO
Amendment 65 #

2023/2019(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Calls the Commission and Member States to work together to ensure that the benefits of the single market are fully realized by all consumers, regardless of their location;
2023/07/13
Committee: IMCO
Amendment 66 #

2023/2019(INI)

Motion for a resolution
Paragraph 10
10. Acknowledges that practical, 10. organisational and financial challenges could exist, especially for small and medium- sized enterprises, in relation to the potential introduction of the mandatory obligation for traders to deliver products to the consumer’s country of residence; underlines the fact that some traders refuse to let consumers useregrets that certain traders prohibit consumers from utilising self-collection or self-organisation delivery methods in their terms and conditions, or refuse to ship products to transport companies specialising in cross-border parcel delivery, which conflicts with the principles of the Geo-blocking Regulation; calls on the Commission and the Member States to take further steps to ease the access and operations of cross-border parcel delivery services; believereminds that traders should not preventhinder third-party transport companies from facilitatenabling the cross-border delivery of products to consumers, when such an option is not made available by the trader, or when they refuse to allowparticularly in instances where the trader does not provide such an option or when the traders prohibit self- collection at the store; believes that the Commission should include a clearconsider including even more explicit reference to those practservices in the Regulation;
2023/07/13
Committee: IMCO
Amendment 67 #

2023/2019(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Notes that during 5 years after the adoption of the Geoblocking Regulation important developments took place in the parcel delivery and express services market; calls, therefore, on the Commission to analyse current state of the market and assess to which extent identifying affordable cross-border parcel delivery services is still an issue for online sellers;
2023/07/13
Committee: IMCO
Amendment 70 #

2023/2019(INI)

Motion for a resolution
Paragraph 11
11. Recommends a broader and more detailed analysis to address concerns regarding the selective distribution and exclusive rights agreements that undermine the right of passive sale and competition in online and offline products and services distribution channels, with a particular focus on the impact of these agreements on SMEs; in this context, calls on the Commission to properly assess the effectiveness of Article 6 on agreements on passive sales, of the Geoblocking Regulation, which became fully applicable only from March 2020, and consider potential additional measures to ensure that agreements restricting passive sales do not hamper competition, consumer choice and market diversity;
2023/07/13
Committee: IMCO
Amendment 77 #

2023/2019(INI)

Motion for a resolution
Paragraph 12
12. Deplores the fact that some unjustified obstacles persist with regard to registration and payment methods online, so that. These obstacles result in cross-border customers are often not being able to register on websites requiring registration, or pay for the requested service without presenting an address or payment method linked to an address in the local country, thus diminishing the objective of the Regulation to ‘shop like a local’; calls on the Commission to conduct a comprehensive review of these obstacles and propose measures to eliminate them, in line with the principles of the Services Directive (2006/123/EC); calls the Commission to work closely with Member States and stakeholders to identify and address these and other obstacles, ensuring that the principles of the Geo- blocking Regulation are fully implemented and that consumers can truly 'shop like a local’; encourages the Commission to enhance cooperation with online service providers and payment processors to ensure that cross-border customers are not unfairly disadvantaged, in line with the principles of the Geo- blocking Regulation and the Services Directive (2006/123/EC);
2023/07/13
Committee: IMCO
Amendment 80 #

2023/2019(INI)

Motion for a resolution
Paragraph 13
13. Recalls that, according to Article 1(5) of the Regulation, it should not affect copyright law; emphasises that Parliament requested, in line with the review clause of the Regulation, that the Commission assess whether the Regulation should also apply to electronically supplied services whose main feature is the provision of access to and use of copyright protected works or other protected subject matter, including the selling of copyright protected works or protected subject matter in an intangible form, provided that the trader has the requisite rights for the relevant territories11 ; __________________ ; calls the Commission to take into account the findings of the "Study on the impacts of the extension of the scope of the geo- blocking regulation to audiovisual and non-audiovisual services giving access to copyright protected content" in its assessment; in this context, recalls the findings of the First short-term review of the Geo-blocking Regulation, stating that, if distributors did not need additional licences for responding to unsolicited requests from individual consumers from outside territories where they are actively providing the service, cross-border demand would also be driven by consumers looking for new content or language versions not available in their Member State. In this scenario11a, overall revenues for online service providers could increase, because local content would find new audiences across borders; __________________ 11a SWD sec. 3.1.5.4 based on VVA et al (2020). 11 European Commission, ‘Study on the impacts of the extension of the scope of the geo-blocking regulation to audiovisual and non-audiovisual services giving access to copyright protected content’, 2020.
2023/07/13
Committee: IMCO
Amendment 89 #

2023/2019(INI)

Motion for a resolution
Paragraph 14
14. WelcomAcknowledges the progress made in terms of the cross-catalogue availability of music, e-book, video game and software products and services, both in subscription and transaction-based models; regrets the limited improvements regarding the cross- catalogue availability of video content and live sports events, which contribute to consumers’ perception that the audiovisual services sector is applying the highest level of geo-blocking;
2023/07/13
Committee: IMCO
Amendment 96 #

2023/2019(INI)

Motion for a resolution
Paragraph 15
15. Notes the popularity of different tools among consumers used to avoid geo- blocking restrictions, especially for audiovisual content; considers it important to recognise that the steady modernisation and adaptation of the audiovisual services sector, including existing business models, to new consumer expectations might be more effective than undermining the effective use of such tools;
2023/07/13
Committee: IMCO
Amendment 99 #

2023/2019(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Notes that, according to a recent study1a of the Observatory of the European Intellectual Property Office (EUIPO), the most effective way to tackle piracy among youth is by providing consumers with affordable and quality legal offers. As per the report, the main factor that young people say would stop them using illegal sources of content is availability of affordable legal content; __________________ 1a Observatory of the European Intellectual Property Office (EUIPO), https://euipo.europa.eu/tunnel- web/secure/webdav/guest/document_libra ry/observatory/documents/reports/IP_yout h_scoreboard_study_2022/IP_youth_scor eboard_study_2022_en.pdf.
2023/07/13
Committee: IMCO
Amendment 106 #

2023/2019(INI)

Motion for a resolution
Paragraph 16
16. Believes that the Portability Regulation12 delivered substantialcertain benefits to consumers who expect to receive continued access to their services when they are temporarily present in another Member State; welcomNotes the Commission’s ongoing stakeholder dialogue on access to and the availability of audiovisual content across the EUReport on the application of Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market from June 2022, which elaborates that the legal fiction set out in Article 4 of that Regulation, has allowed the territorial constraints of copyright and related rights to be overcome without any significant revenue loss for rightholders12a; calls on the Commission to assess the possibility of applying similar approach in the Geoblocking Regulation; emphasises that further actions are needed to meet consumers expectations concerning the cross-catalogue availability of and cross-border access to sports events via streaming services; calls, therefore,is concerned that geoblocking also occurs in regard to the audiovisual productions funded or co- funded from the EU budget; is onf the Commission and the Member Statesopinion that whenever EU funds are involved there should be no place for depriving some EU citizens of access to the given content; calls on the Commission to carefully assess all options that willcould reduce the unjustified and discriminatory geo- blocking barriers for access to audiovisual services and sports events, while taking into account the potential impact on diversity and the available financing of the creative sector; reminds the Commcurrent business models of the creative sector; __________________ 12a The provisions in Article 4 mean that the provission to present Parliament with the outcome of its stakeholder dialogue on possibly extendingof an online content service to a subscriber who is temporarily present in another Member State than the Member State of residence, as well as the access to and the uscope of the Geo- blocking Regulation to audiovisual content; __________________ at service by the subscriber, are deemed to occur solely in the subscriber’s Member State of residence. SWD(2022) 173. 12 Regulation (EU) 2017/1128 of 14 June 2017 on cross-border portability of online content services in the internal market, OJ L 168, 30.6.2017, p.1.
2023/07/13
Committee: IMCO
Amendment 113 #

2023/2019(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. In this context, urges the Commission to propose, at the latest by September 2024, the comprehensive revision of Geoblocking Regulation, consisting, in particular, of the inclusion of audiovisual services in the scope of this Regulation, and the deletion from Article 4(1)(b) of the exclusion of electronically supplied services, the main feature of which is the provision of access to or use of copyright-protected works or other protected subject matter;
2023/07/13
Committee: IMCO
Amendment 116 #

2023/2019(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Calls on the Commission to include, in this comprehensive Revision of Geoblocking Regulation, specific provisions on modalities related to how the prohibition of unjustified geoblocking will apply to audiovisual services and take into account in particular the need for assuring realistic timeframe allowing providers of audiovisual services to prepare for the implementation of new rules; calls on the Commission to make sure that all European citizens, in particular those living in border regions and linguistic minorities, have access to the content in their preferred language at all times; calls the Commission to take into account the need to provide consumers with a wider choice of content across borders, while acknowledging the need for further assessment of the potential impact on the overall dynamics of the audio-visual sector;
2023/07/13
Committee: IMCO
Amendment 122 #

2023/2019(INI)

Motion for a resolution
Paragraph 17
17. Notes that online music services (streaming or on-demand) are widely available across the EU, and that most of the major music streaming services are available in all EU Member States, mirroring the increasing consumer interest in cross-border access to music; is concerned that some obstacles still persist for consumers when accessing music streaming services in another Member State, in particular regarding the automatic change of applicable conditions; or acceptance of payment method; asks the Commission to carefully analyse this matter and propose adjustments of the Regulation, where appropriate;
2023/07/13
Committee: IMCO
Amendment 124 #

2023/2019(INI)

Motion for a resolution
Paragraph 18
18. Notes that the Commission should also present the results of the analysis for the potential extension of the Regulation to transport, financial, telecommunication and health services; with particular focus on the impact of geo-blocking practices on these sectors and the potential benefits of their inclusion in the Regulation; emphasizes that the Commission should consider the specific characteristics and regulatory frameworks of transport, financial, telecommunication and health services when analyzing the potential extension of the Regulation to these sectors, to ensure that any proposed changes are feasible and beneficial; urges the Commission to engage in a comprehensive consultation process with stakeholders in these sectors, as well as consumer representatives and academia, to gather insights and feedback on the potential extension of the Regulation to these services;
2023/07/13
Committee: IMCO
Amendment 127 #

2023/2019(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Member States and the Commission to regularly update and complement the figuresdata on complaints received by the national enforcement bodies in order to detectbetter identify possible areas of concern for consumers; emphasistresses that, in this context, aconducting regular mystery shopping exercise and a comparison with the 2015 and 2019 mystery shopping exercises could help identify persisting problems;
2023/07/13
Committee: IMCO
Amendment 132 #

2023/2019(INI)

Motion for a resolution
Paragraph 21
21. UrgeCalls for a full assessment of possiblecomprehensive evaluation of potential synergies with other measures of the digital single market strategy, such asincluding the changes in the area of VAT for cross- border e-commerce that entered into force on 1 July 2021 and are supposed to reduce compliance costs for traders with cross- border operations and, hence, encourage more traders to deliver goods or services cross-border, and Regulation (EU) 2018/64413 on cross- border parcel delivery services that should help increase the transparency of cross- border tariffs; __________________ 13 Regulation (EU) 2018/644 of 18 April 2018 on cross-border parcel delivery services, OJ L 112, 2.5.2018, p. 19.
2023/07/13
Committee: IMCO
Amendment 50 #

2023/0376(COD)

Proposal for a directive
Recital 13
(13) Under Directive 2013/11/EU, Member States may introduce national legislation to make trader participation in ADR compulsory in sectors they deem fit, in addition to sector-specific Union legislation which provides for mandatory participation of traders in ADR. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory, to respond within a specific period to enquiries made by ADR entities on whether they intend to participate to the proposed procedure.deleted
2024/01/29
Committee: IMCO
Amendment 70 #

2023/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
(i) unfair commercial practices and terms,deleted
2024/01/29
Committee: IMCO
Amendment 74 #

2023/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
(iv) access to services and deliveries,deleted
2024/01/29
Committee: IMCO
Amendment 76 #

2023/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
(v) remedies in case of non- conformity of products and digital content,deleted
2024/01/29
Committee: IMCO
Amendment 82 #

2023/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
(f) ‘cross-border dispute’ means a dispute between a consumer and a trader, related to contractual obligations and/or consumer rights provided in Union acts as referred to in article 2(1), where the consumer is resident in a Member State other than the Member State in which the trader is established or where the consumer is resident in a Member State and the trader is established outside of the Union;.
2024/01/29
Committee: IMCO
Amendment 95 #

2023/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
8. Member States shall ensure that traders established in their territories that are contacted by an ADR entity from their country or from another Member State, inform that ADR entity whether, or not, they accept to participate in the proposed procedure and reply within a reasonable period of time that shall not exceed 20 working days..deleted
2024/01/29
Committee: IMCO
Amendment 45 #

2023/0323(COD)

Proposal for a regulation
Recital 11
(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 calendar days both in B2B transactions, when the debtor is a large undertaking in the meaning of Article 3(4) of Directive 2013/34/EU and G2B transactions, where the public authority is the debtor.
2023/12/18
Committee: IMCO
Amendment 56 #

2023/0323(COD)

Proposal for a regulation
Recital 13
(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law, and which are more favourable to the creditor.
2023/12/18
Committee: IMCO
Amendment 142 #

2023/0323(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. In commercial transactions, the payment period 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. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. Undertakings may mutually agree on a longer payment period, except in cases when the debtor is a large undertaking within the meaning of Article 3(4) of Directive 2013/34/EU or a contracting authority and the creditor is a micro, small or medium-sized enterprise (SMEs) within the meaning of the Commission Recommendation 2003/361/EC. 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 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 201 #

2023/0323(COD)

Proposal for a regulation
Article 3 – paragraph 4 b (new)
4b. The payment period set out in paragraph 1 is also without prejudice to national rules on grouping invoices received by the debtor from the same creditor during a limited period of time.
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 124 #

2023/0156(COD)

Proposal for a regulation
Recital 3
(3) It is appropriate that customs legislation takes account of the rapid development of EU legislations impacting the role of customs, as well as global trade patterns, technology, business models and the needs of stakeholders, including citizens and companies. Therefore, a great number of amendments are required to be made to Regulation (EU) No 952/2013. In the interests of clarity, that Regulation should be repealed and replaced.
2023/12/05
Committee: INTA
Amendment 126 #

2023/0156(COD)

Proposal for a regulation
Recital 4
(4) In order to provide for effective means of achieving the objectives of the customs union, a number of rules and procedures regulating how goods are brought into or taken out of the customs territory of the Union should be revised and simplified. A modern, integrated set of interoperable electronic services should be provided in line with GDPR and the Data Protection Regulation (EUDPR) for collecting, processing and exchanging information relevant for implementing customs legislation (European Union Customs Data Hub, ‘EU Customs Data Hub’). A European Union Customs Authority (‘EU Customs Authority’) should be established as a central, operational capacity for the coordinated governance of the customs union in specific areas.
2023/12/05
Committee: INTA
Amendment 128 #

2023/0156(COD)

Proposal for a regulation
Recital 8
(8) Beyond their traditional role of collecting customs duties, VAT and excise and applying customs legislation, customs authorities also play a critical role in enforcing other Union and, where applicable, other national legislation on customs matters. A definition of this ‘other legislation applied by the customs authorities’ should be introduced in order to build an effective framework for regulating the application and supervision of these particular requirements on goods and should be regularly updated to include the most recent pieces of legislation impacting EU customs. Such prohibitions and restrictions can be justified on grounds of, inter alia, economic coercion, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash. The notion of other legislation applied by the customs authorities should also include commercial policy measures and fishery conservation and management measures, as well as restrictive measures adopted on the basis of Article 215 TFEU.
2023/12/05
Committee: INTA
Amendment 129 #

2023/0156(COD)

Proposal for a regulation
Recital 13
(13) The rights and obligation of the persons having responsibility over the goods entering into and exiting from the customs territory of the Union should be more clearly defined, including for transparency on prices vis-à-vis consumers . The first obligation for persons having regular customs operations should continue to be registered with the customs authorities responsible for the place where they are established. A single registration should be valid for the whole customs union but should be up to date. Economic operators should therefore have the obligation to inform the customs authorities about any change in their registration data. The persons having responsibility over the goods entering and exiting from the customs territory of the Union are liable for any risks presented by the goods for the safety and security of citizens, as well as any risks to human, animal or plant health and life, the environment or consumers. The obligations of the importer should also be defined, in particular the obligation to be established in the customs territory of the Union and the exceptions to that obligation. These should follow the existing rules for the declarant to be established in the Union. Similarly, the obligations of the exporter should be defined.
2023/12/05
Committee: INTA
Amendment 132 #

2023/0156(COD)

Proposal for a regulation
Recital 16
(16) The changes in the customs processes and the way of operating the customs authorities requires a new partnership with economic operators, that is the Trust and Check traders scheme. The criteria and conditions to become a Trust and Check trader should build on the AEO criteria but should also ensure that the trader is considered transparent for the customs authorities. It is therefore appropriate to require Trust and Check operators to grant the customs authorities access to their electronic systems keeping record of their compliance and the movement of their goods. The transparency should be accompanied by certain benefits, notably the possibility to release the goods on behalf of customs without the necessity for their active intervention, except where a pre-release approval is required by other legislation applied by the customs authorities and to defer the payment of the customs debt. As this mode of working should progressively replace the one based on customs declarations, it is appropriate to establish the customs authorities’ obligation to reassess the existing authorisations for AEO for customs simplifications until the end of the transition periodprocess for AEO to become Trust and Check operators until the end of the transition period, and to introduce dedicated guidelines for SMEs.
2023/12/05
Committee: INTA
Amendment 133 #

2023/0156(COD)

Proposal for a regulation
Recital 18
(18) In order to ensure a uniform level of digitalisation and to create a level playing field for economic operators in all Member States, an EU Customs Data Hub should be established as a set of centralised, secure and cyber-resilient electronic services and systems for customs purposes. The EU Customs Data Hub should ensure the quality, integrity, traceability and non-repudiation of data processed therein, so neither sender nor recipient can later dispute the existence of the exchange of data. The EU Customs Data Hub and should comply with the relevant regulations for the processing of personal data and cybersecurity including GDPR and the Data Protection Regulation (EUDPR) . The Commission and the Member States should jointly design the EU Customs Data Hub. The Commission should also be tasked with governing, implementing and maintaining the EU Customs Data Hub, which may delegate to another Union body. To safeguard against potential trade interruptions during extensive failures of centralized electronic systems, it should be imperative for the Commission and the EU Customs agency to engage in cooperative efforts with Member States so that the European Customs Data Space integrates solutions ensuring a high level of cybersecurity to prevent as much as possible attacks that could disrupt customs and non-customs systems. This aims to protect the security of trade and avoid any damage to the Union economy. Cybersecurity standards should be designed to evolve in parallel with regulatory requirements for network and information systems security. In the development, operation and maintenance of the EU Single Window for Customs, the Commission and Member States should comply with the appropriate guidelines published by the European Union Agency for Cybersecurity (ENISA).
2023/12/05
Committee: INTA
Amendment 136 #

2023/0156(COD)

Proposal for a regulation
Recital 31
(31) A Union-level customs risk management layer is fundamental for ensuring a harmonised application of customs controls in Member States and to allow the proper enforcement of European legislations creating new tasks for customs . There is currently a common risk management framework comprising the possibility of identifying common priority controls areas and common risk criteria and standards in the financial risk arena for carrying out customs controls, but it has significant shortcomings. In order to address the lack of harmonised application of customs controls and of harmonised risk management harming the financial and non-financial interests of the Union and of the Member States, it is appropriate to revise the rules to establish a more solid risk management approach addressing both financial and non-financial risks. This includes tackling the structural challenges on the risk management of financial risks identified by the European Court of Auditors. In particular, it is appropriate to describe which activities are comprised in customs risk management, in a cyclical approach. It is also important to identify the roles and responsibilities of the Commission, the EU Customs Authority and the customs authorities of the Member States. It is also essential to provide that the Commission may establish common priority controls areas and common risk criteria and standards, and may identify specific areas in the domain of other legislation applied by the customs authorities that deserve priority for common risk management and controls, without compromising security.
2023/12/05
Committee: INTA
Amendment 141 #

2023/0156(COD)

Proposal for a regulation
Recital 55
(55) Criteria to be taken into account in order to contribute to the decision making process for choosing the EU Customs Authority seat should be the assurance that Authority can be set up on site upon the entry into force of this Regulation, the accessibility of the location and the existence of adequate education facilities for the children of staff members as well as appropriate access to the labour market, social security and medical care for both children and spouses of staff members. In view of the cooperative nature of most of the EU Customs Authority activities, and in particular the close connection that will exist between the IT systems that the Commission will maintain during the transitional period, while the EU Customs authority will build and operate the EU Customs Data Hub, it should be in a well- connected place that allows such close cooperation with the Commission, the authorities of the Union regions most relevant for international trade, and relevant Union and international bodies (for example the World Customs Organisation for facilitating practical cross fertilisation on specific subjects). Considering these criteria, the EU Customs Authority should be located at […].
2023/12/05
Committee: INTA
Amendment 143 #

2023/0156(COD)

Proposal for a regulation
Recital 56
(56) The Member States and, the Commission and the European Parliament should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and qualification. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board and an advisory body comprising representatives from consumer organizations and business associations.
2023/12/05
Committee: INTA
Amendment 147 #

2023/0156(COD)

Proposal for a regulation
Recital 61
(61) Despite the fact that customs legislation is harmonised through the Code, Regulation (EU) No 952/2013 only included the obligation for Member States to provide for penalties for failure to comply with the customs legislation and required such penalties to be effective, proportionate and dissuasive. Member States have, therefore, the choice of customs penalties, which vary greatly across Member States and are subject to evolution over time. A common framework establishing a minimum core of customs infringements and of non-criminal sanctions should be laid down. Such framework is necessary to address the lack of uniform application and the significant divergences between Member States in the application of sanctions against breaches of customs legislation that can lead to a distortion of competition, loopholes and ‘customs shopping’. The framework should be composed of a common list of acts or omissions that should constitute customs infringements in all Member States. In determining the sanction applicable, customs authorities should define if these acts or omissions are committed intentionally or by obvious negligence. The European Commission should constantly assess whether the sanctions applied by Member States are a sufficient incentive to reach the objectives of this Union Customs Code and adjust its actions in line with its findings.
2023/12/05
Committee: INTA
Amendment 149 #

2023/0156(COD)

Proposal for a regulation
Recital 65
(65) (65) The performance of the customs union should be evaluated at least on an annual basisCommission should at least annually evaluate the performance of the customs union to allow the Commission, with the help of the Member States, to tmake the appropriate policy orientationchanges. The collection of information from customs authorities should be formalised and deepened, as more comprehensive reporting would improve benchmarking and could help to homogenise practices and assess the impact of customs policy decisions. It is, therefore, appropriate to introduce a legal framework for the evaluation of the performance of the customs union. To allow sufficient granularity of analysis, the performance measurement should be done not only at national level but also at border crossing point level. The EU Customs Authority should support the Commission in the evaluation process by gathering and analysing the data in the EU Customs Data Hub and identifying how customs activities and operations support the achievement of the strategic objectives and priorities of the customs union and contribute to the mission of customs authorities. In particular, the EU Customs Authority should identify key trends, strengths, weaknesses, gaps, and potential risks, and provide recommendations for improvement to the Commission. In the context of cooperation with law enforcement and security authorities in particular, the EU Customs Authority should also participate, from the operational perspective, in strategic analyses and threat assessments conducted at Union level, including those carried out by Europol and Frontex.
2023/12/05
Committee: INTA
Amendment 151 #

2023/0156(COD)

Proposal for a regulation
Recital 71
(71) In duly justified cases, where imperative grounds of urgency so require, the Commission should adopt immediately applicable implementing acts relating to: measures to ensure uniform application of customs controls, including the exchange of risk information and analysis, common risk criteria and standards, control measures and common priority control areas; decisions on an application by a Member State for the authorisation on entering into negotiations with a third country with a view to concluding a bilateral agreement or arrangement on exchange of information; measures to determine the tariff classification of goods; measures to determine the origin of specific goods; measures establishing the appropriate method of customs valuation or criteria to be used for determining the customs value of goods in specific situations; measures temporarily prohibiting the use of comprehensive guarantees; the identification of a crisis situation and the adoption of the appropriate to address it or to mitigate its negative effects; decisions to empower a Member State to negotiate and conclude a bilateral agreement with a third country on exchange of information. Commons risks criteria should cover notably economic coercion, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash.
2023/12/05
Committee: INTA
Amendment 158 #

2023/0156(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point d
(d) protecting the Union from unfair, non-compliant and illegal trade, including counterfeit, through a close monitoring of economic operators and supply chains and a minimum core of customs infringements and penalties;
2023/12/05
Committee: INTA
Amendment 161 #

2023/0156(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point e
(e) supportensuring legitimate business activity, by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures.
2023/12/05
Committee: INTA
Amendment 163 #

2023/0156(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 13
(13) ‘deemed importer’ means any person involved in the distance sales of goods to be imported from third countries into the customs territory of the Union who iincluding persons authorised to use the special scheme laid down in Title XII, Chapter 6, Section 4 of Directive 2006/112/EC;
2023/12/05
Committee: INTA
Amendment 164 #

2023/0156(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 18 – point b
(b) pose a threat to the security and safety of the Union and its citizens and residents, including their health ; or
2023/12/05
Committee: INTA
Amendment 165 #

2023/0156(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 18 – point c
(c) prevent the correct applicationenforcement of Union or national measures;
2023/12/05
Committee: INTA
Amendment 167 #

2023/0156(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 57
(57) ‘customs debt’ means the obligation on a person to pay the amount of import or export duty and any other charges which applies to specific goods under the customs legislation in force;
2023/12/05
Committee: INTA
Amendment 168 #

2023/0156(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 64
(64) ‘crisis’ means an event or a situation taking place inside or outside the Union, that suddenly endangers the safety, the security, the health and life of the citizens, economic operators and personnel of customs authorities and requires urgent measures as regards the entry, exit or transit of goods.
2023/12/05
Committee: INTA
Amendment 177 #

2023/0156(COD)

Proposal for a regulation
Article 23 – paragraph 7
7. The customs authorities shall grant benefits resulting from the status of authorised economic operator to persons established in third countries, who fulfil conditions and comply with obligations defined by the relevant legislation of those countries or territories, insofar as those conditions and obligations are recognised by the Union as equivalent to those imposed on authorised economic operators established in the customs territory of the Union. Such a granting of benefits shall be based on the principle of reciprocity unless otherwise decided by the Union, and shall be supported by an international agreement of the Union, or partnerships, or Union legislation in the area of the common commercial policy.
2023/12/05
Committee: INTA
Amendment 186 #

2023/0156(COD)

Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 1
Where a Trust and Check trader is suspected of involvement in fraudulent activity in relation to its economic or business activity, or of releasing non- compliant goods in the customs territory, its status shall be suspended.
2023/12/05
Committee: INTA
Amendment 187 #

2023/0156(COD)

Proposal for a regulation
Article 25 – paragraph 8
8. The Trust and Check traders shall enjoy more facilitations than other economic operators in respect of customs controls according to the authorisation granted, including fewer physical and document-based controls. The status of Trust and Check trader shall be taken into account favourably for customs risk management purposes. The European customs authority ensures effective collaboration and coordination between the competent authorities of the Member States. It also ensures the consistent implementation of customs advantages linked to the status of Authorized Economic Operator and Trust & Check throughout the customs union.
2023/12/05
Committee: INTA
Amendment 188 #

2023/0156(COD)

Proposal for a regulation
Article 25 – paragraph 8 a (new)
8 a. Clear guidelines must be available for small and medium-sized businesses so that they can meet the criteria set out in paragraph 3.
2023/12/05
Committee: INTA
Amendment 189 #

2023/0156(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. Until the date established in Article 265(4), tThe customs authorities mayshall grant persons meeting the criteria the status of authorised economic operator for customs simplifications and authorise them to benefit from certain simplifications and facilitations in accordance with the customs legislation during the phase out of the current system. Dedicated guidelines should be put in place for SMEs.
2023/12/05
Committee: INTA
Amendment 198 #

2023/0156(COD)

Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 1 – point b a (new)
(b a) Cybersecurity standards for the protection of information networks of the EU Customs Data Platform must be in accordance with the appropriate guidelines issued by the European Union Agency for Cybersecurity (ENISA).
2023/12/05
Committee: INTA
Amendment 204 #

2023/0156(COD)

Proposal for a regulation
Article 31 – paragraph 1 – introductory part
1. Persons may have access to the data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, that was transmitted by or on behalf of that person, or that has been addressed to or intended for that person. Such access shall take place exclusively in line with GDPR and the Data Protection Regulation (EUDPR) to:
2023/12/05
Committee: INTA
Amendment 205 #

2023/0156(COD)

Proposal for a regulation
Article 31 – paragraph 3 – introductory part
3. The EU Customs Authority may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for the following purposes:
2023/12/05
Committee: INTA
Amendment 208 #

2023/0156(COD)

Proposal for a regulation
Article 31 – paragraph 4 – introductory part
4. The Commission may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for the following purposes:
2023/12/05
Committee: INTA
Amendment 209 #

2023/0156(COD)

Proposal for a regulation
Article 31 – paragraph 5
5. The European Anti-Fraud Office (‘OLAF’) may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary for carrying out its activities concerning customs matters pursuant to Article 1 of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council, and Council Regulation (EC) No 515/97, under the conditions relating to data protection laid down in the aforementioned Regulations.
2023/12/05
Committee: INTA
Amendment 210 #

2023/0156(COD)

Proposal for a regulation
Article 31 – paragraph 6
6. The European Public Prosecutor’s Office (‘EPPO’) may, upon request, access data, access and process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary for carrying out its tasks pursuant to Article 4 of Council Regulation (EU) 2017/193966 , insofar as the conduct investigated by EPPO concerns customs and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article. _________________ 66 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
2023/12/05
Committee: INTA
Amendment 211 #

2023/0156(COD)

Proposal for a regulation
Article 31 – paragraph 10
10. The European Union Agency for Law Enforcement Cooperation (Europol) may, upon request, access data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary to perform its tasks in accordance with Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council as long as those tasks concern customs-related matters and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article.
2023/12/05
Committee: INTA
Amendment 215 #

2023/0156(COD)

Proposal for a regulation
Article 31 – paragraph 12
12. Until the date set out in Article 265(3), the Commission, OLAF and the EU Customs Authority once it is established shall, exclusively for the purposes stated in paragraphs 4, 5 and 6, be able to process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal data, from the existing electronic systems for the exchange of information developed by the Commission pursuant to Regulation (EU) No 952/2013.
2023/12/05
Committee: INTA
Amendment 219 #

2023/0156(COD)

Proposal for a regulation
Article 51 – paragraph 1
1. The Commission mayshall establish common priority control areas and common risk criteria and standards for any type of risk, including but not limited to risks relating to financial interests.
2023/12/05
Committee: INTA
Amendment 223 #

2023/0156(COD)

Proposal for a regulation
Article 80 – paragraph 2
2. The advance cargo information shall include at least the importer responsible for the goods, the unique reference for the consignment, the consignor, the consignee, a description of the goods, the tariff classification, the value, the data on the route, including the final destination, and the nature and identification of the means of transport bringing the goods and the transportation cost. The advance cargo information shall be provided before the goods arrive to the customs territory of the Union.
2023/12/05
Committee: INTA
Amendment 240 #

2023/0156(COD)

Proposal for a regulation
Article 212 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State and, two representatives of the Commission, and one member designated by the European Parliament, all with voting rights.
2023/12/05
Committee: INTA
Amendment 241 #

2023/0156(COD)

Proposal for a regulation
Article 212 – paragraph 2
2. The Management Board shall also include one member designated by the European Parliament, without the right to vote.deleted
2023/12/05
Committee: INTA
Amendment 243 #

2023/0156(COD)

Proposal for a regulation
Article 212 – paragraph 5
5. The term of office for members and their alternates shall be 4 years. That term shall be extendable one time.
2023/12/05
Committee: INTA
Amendment 254 #

2023/0156(COD)

Proposal for a regulation
Article 253 – paragraph 1
1. Without prejudice to the sanctions laid down in Article 254, Member States may provide for additional sanctions for customs infringements referred to in Article 252 and for all measures necessary to ensure that such sanctions are implemented. Such sanctions shall be effective, proportionate and dissuasive. The Commission, Member States and the EU Customs Authority sahll exchange best practices and methodologies to improve the effectiveness of the sanctions. The Commission shall assess whether the santions as applied by Member States are sufficient to achieve its objectives.
2023/12/05
Committee: INTA
Amendment 262 #

2023/0156(COD)

Proposal for a regulation
Article 256 – paragraph 4
4. The Commission shall verify the report and transmit it afterwards to the Member States and the European Parliament for information.
2023/12/05
Committee: INTA
Amendment 264 #

2023/0156(COD)

Proposal for a regulation
Article 258 – paragraph 1 – subparagraph 2 – point b a (new)
(b a) An assessment of the feasibility of Trust & Check status for small and medium-sized enterprises (SMEs), including, where appropriate, an analysis of the implications for appropriate certification criteria ;
2023/12/05
Committee: INTA
Amendment 126 #

2023/0085(COD)

Proposal for a directive
Recital 32
(32) The Commission Recommendation (EU) 2021/2279 contains guidance on how to measure the life cycle environmental performance of specific products or organisations and how to develop Product Environmental Footprint Category Rules (PEFCRs) and Organisation Environmental Footprint Sectorial Rules (OEFSRs) that allow comparison of products to a benchmark. Such category rules for specific products or traders can be used to support the substantiation of claims in line with the requirements of this Directive. Therefore, the Commission should be empowered to adopt delegated acts to establish product group or sector specific rules where this may have added value. However, in case the Product Environmental Footprint method does not yet cover an impact category, which is relevant for a product group, the adoption of PEFCR may take place only once these new relevant environmental impact categories have been added. For example, as regards marine fisheries, the PEFCR should for example reflect the fisheries- specific environmental impact categories, in particular the sustainability of the targeted stock. Concerning space, the PEFCR should reflect defence and space- specific environmental impact categories, including the orbital space use. As regards food and agricultural products, biodiversity and nature protection, as well as farming practices, including positive externalities of extensive farming and animal welfare, should, for example, also be integrated before the adoption of PEFCR could be considered. As regards textiles, the PEFCR should for example reflect the microplastics release, before the adoption of PEFCR could be considered. To further develop the current PEF methodology and address its limitations, the Commission shall regularly update the methodology in order to reflect scientific progress.
2023/11/14
Committee: ENVIIMCO
Amendment 196 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – introductory part
2. This Directive does not apply to environmental labelling schemes or to explicit environmental claims or to sustainability reporting regulated by or substantiated by rules established in:
2023/11/14
Committee: ENVIIMCO
Amendment 210 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – point o a (new)
(o a) Directive (EU) 2022/2464 of the European Parliament and of the Council (CSDR);
2023/11/14
Committee: ENVIIMCO
Amendment 540 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point d
(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted, where relevant and necessary, for consultation to a heterogeneous group of stakeholders that has reviewed them and ensured their relevance from a societal perspective;
2023/11/14
Committee: ENVIIMCO
Amendment 564 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 5
5. Member States shall ensure that environmental labelling schemes established by private operators after [OP: Please insert the date = the date of transposition of this Directive] are only approved if those schemes provide added value in terms of their environmental ambition, including notably their extent of coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector and their ability to support the green transition of SMEs, as compared to the existing Union, national or regional schemes referred to in paragraph 3, and meet the requirements of this Directive. This procedure for approval of new environmental labelling schemes shall apply to schemes established by private operators in the Union and in third countries. Member States shall notify the Commission when new private schemes are approved.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 583 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
In order to receive the approvals referred to in paragraphs 4 and 5, the operators of new environmental labelling schemes shall provide supporting documents setting out the following:
2023/11/14
Committee: ENVIIMCO
Amendment 584 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point c
(c) the evidence the scheme will provide added value as set out in in paragraph 4 for environmental labelling schemes established by public authorities in third countries, or in paragraph 5 for environmental labelling schemes established by private operators;
2023/11/14
Committee: ENVIIMCO
Amendment 602 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 8 – subparagraph 1 – point a
(a) provide detailed requirements for approval of environmental labelling schemes pursuant to the criteria referred to in paragraphs 4 and 5;
2023/11/14
Committee: ENVIIMCO
Amendment 606 #

2023/0085(COD)

Proposal for a directive
Article 9 – paragraph 1
Member States shall ensure that the information used for substantiation of explicit environmental claims is reviewed and updated by traders when there are circumstances that may affect the accuracy of a claim, and no later than 5 years from the date when the information referred to in Article 5(6) is provided. In the review, the trader shall revise the used underlying information to ensure that the requirements of Articles 3 and 4 are fully complied with. The trader shall not be obliged to review the substantiation nor reapply for certification in case of minor changes to the text of the claim without major impact on the nature of the claim.
2023/11/14
Committee: ENVIIMCO
Amendment 653 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 7
7. The certificate of conformity shall be recognised by the competent authorities responsible for the application and enforcement of this Directive. Member States shall notify the list of certificates of conformity via the Internal Market Information System established by Regulation (EU) No 1024/2012. Once a certificate of conformity is delivered and notified, the labelling scheme or the environmental claim can be used within the Union.
2023/11/14
Committee: ENVIIMCO
Amendment 691 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 a (new)
3 a. Member States shall ensure that measures adopted in accordance with this Directive are without prejudice to the protection of business information (trade secrets) foreseen in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.
2023/11/14
Committee: ENVIIMCO
Amendment 725 #

2023/0085(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall notify the trader making the claim about the non- compliance prior to publishing the report mentioned in Article 15(1) and require that trader to take all appropriate corrective action within 30 days to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.
2023/11/14
Committee: ENVIIMCO
Amendment 762 #

2023/0085(COD)

Proposal for a directive
Article 17 – paragraph 3
3. Member States shall provide that penalties and measures for infringements of this Directive shall include: (a) fines which effectively deprive those responsible of the economic benefits derived from their infringements, and increasing the level of such fines for repeated infringements; (b) confiscation of revenues gained by the trader from a transaction with the relevant products concerned; (c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions. For the purposes of point (a), Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394115 , the maximum amount of such fines being at least at 4 % of the trader’s annual turnover in the Member State or Member States concerned. _________________ 115 OJ L 345, 27.12.2017, p. 1.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 788 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 2 – point c
(c) ensuring that new private environmental labelling schemes concerning products or traders already covered by existing schemes are approved by the Member States only if they provide added value as compared to the existing schemes;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 794 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 3 – point b
(b) facilitating transition towards toxic free environment by considering introducing a prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the society in line with the criteria to be developed by the Commissionclassified as hazardous due to their germ cell mutagenic, carcinogenic, toxic to reproduction, endocrine disruption for human health or the environment, persistent, bioaccumulative and toxic (PBT), very persistent, very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), or very persistent, very mobile (vPvM) properties;
2023/11/14
Committee: ENVIIMCO
Amendment 804 #

2023/0085(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [OP please insert the date = 1830 months after the date of entry into force of this Directive] the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those measures to the Commission.
2023/11/14
Committee: ENVIIMCO
Amendment 817 #

2023/0085(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].
2023/11/14
Committee: ENVIIMCO
Amendment 81 #

2023/0083(COD)

Proposal for a directive
Recital 7
(7) In order to help consumers identify and choose suitable repair services, consumers should receive key information on repair services. The European Repair Information Form should lay down key parameters that influence consumer decisions when considering whether to repair defective goods. This Directive should set out a model standardised format. A standardised format for presenting repair services should allow consumers to assess and easily compare repair services. Such standardised format should also facilitate the process of providing information on repair services, in particular for micro, small and medium sized businesses providing repair services. In order to avoid additional burdens due to overlapping pre-contractual information requirements, a repairer should be deemed to have fulfilled corresponding information requirements of relevant EU legal acts, where applicable, if the European Repair Information Form has been filled in correctly and provided to the consumer. Information in the European Repair Information Form should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88214 . __________________ 14 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).deleted
2023/09/08
Committee: IMCO
Amendment 83 #

2023/0083(COD)

Proposal for a directive
Recital 8
(8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by requesting the European Repair Information Form not only from the producer, but also from the seller of the goods concerned or from independent repairers, where applicable. Repairers should provide the European Repair Information Form only where the consumer requests that form and the repairer intends to provide the repair service or it is obliged to repair. A consumer may also choose not to request the European Repair Information Form and to conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council.15 __________________ 15 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (Text with EEA relevance) (OJ L 304, 22.11.2011, p. 64–88).deleted
2023/09/08
Committee: IMCO
Amendment 86 #

2023/0083(COD)

Proposal for a directive
Recital 9
(9) There are situations in which a repairer incurs costs necessary for providing the information on repair and price included in the European Repair Information Form. For instance, the repairer may need to inspect the goods to be able to determine the defect or type of repair that is necessary, including the need for spare parts, and to estimate the repair price. In these cases, a repairer may only request a consumer to pay the costs that are necessary for providing the information included in the European Repair Information Form. In line with the pre-contractual information and other requirements set out in Directive 2011/83/EU, the repairer should inform the consumer about such costs before the consumer requests the provision of the European Repair Information Form. Consumers may refrain from requesting the European Repair Information Form where they consider that the costs for obtaining that form are too high.deleted
2023/09/08
Committee: IMCO
Amendment 90 #

2023/0083(COD)

Proposal for a directive
Recital 10
(10) Repairers should not alter the conditions of repair that they provide in the European Repair Information Form, including on the price for repair, for a certain period of time. This ensures that consumers are given sufficient time to compare different repair offers. In order to safeguard as much as possible the contractual freedom for repairers other than producers of goods for whom an obligation to repair applies, to be able to decide whether to conclude a contract for the provision of repair services at all, repairers should remain free to decide not to conclude such a contract, including in situations where they have provided the European Repair Information Form. If a contract for the provision of repair services is concluded based on the European Repair Information Form, the information on conditions of repair and price contained in that form should constitute an integral part of the contract for the provision of repair services, thereby defining the repairer’s obligations under that contract. Non-compliance with those contractual obligations is governed by the applicable national law.deleted
2023/09/08
Committee: IMCO
Amendment 123 #

2023/0083(COD)

Proposal for a directive
Recital 18
(18) While this Directive imposes the obligation to repair on the producer, it also facilitates consumer choice of repair services from other repairers. This choice should in particular be facilitated by requesting the European Repair Information Form not only from the producer but also other repairers like the seller or independent repairers or by searching via the online repair platform. As consumers would need to pay for the repair, they are likely to compare repair opportunities in order to choose the most suitable repair services for their needs. Thus, it is likely they approach independent repairers in their proximity or the seller before reaching out to producers which may for instance be located at a greater distance and for which the price could be higher due to transportation costs.deleted
2023/09/08
Committee: IMCO
Amendment 132 #

2023/0083(COD)

Proposal for a directive
Recital 21
(21) In order to encourage repair, Member States should ensure that for their territory at least one online platform exists which enables consumers to search for suitable repairers. That platform may be an existing or privately operated platform, if it meets the conditions laid down in this Directive. That platform should include user-friendly and independent comparison tools which assist consumers in assessing and comparing the merits of different repair service providers, thereby incentivising consumers to choose repair instead of buying new goods. While that platform aims at facilitating the search for repair services in business-to-consumer relationships, Member States are free to extend its scope also to include business- to-business relationships as well as community-led repair initiatives.deleted
2023/09/08
Committee: IMCO
Amendment 135 #

2023/0083(COD)

Proposal for a directive
Recital 22
(22) Member States should ensure that all economic operators that may provide repair services in the Union have easy access to the online platform. Member States should be free to decide which repairers can register on the online platform as long as access to that platform is reasonable and non-discriminatory for all repairers in accordance with Union law. Enabling repairers from one Member State to register on the online platform in another Member State in order to provide repair services in areas that the consumer searched for should support the cross- border provision of repair services. It should be left to Member States’ discretion how to populate the online platform, for instance by self-registration or extraction from existing databases with the consent of the repairers, or if registrants should pay a registration fee covering the costs for operating the platform. To guarantee a wide choice of repair services on the online platform, Member States should ensure that access to the online platform is not limited to a specific category of repairers. While national requirements, for instance, on the necessary professional qualifications, continue to apply, Member States should ensure that the online platform is open to all repairers that fulfil those requirements. Member States should also be free to decide whether and to what extent community-led repair initiatives, such as repair cafés, may register on the online platform, taking account of safety considerations where relevant. Registration on the online platform should always be possible upon repairers’ request, provided they fulfil the applicable requirements to access the online platform.deleted
2023/09/08
Committee: IMCO
Amendment 139 #

2023/0083(COD)

Proposal for a directive
Recital 23
(23) Member States should ensure that consumers have easy access to the online platform allowing them to find suitable repair services for their defective goods. The online platform should also be accessible to vulnerable consumers, including persons with disabilities, in accordance with applicable Union law relating to accessibility.deleted
2023/09/08
Committee: IMCO
Amendment 141 #

2023/0083(COD)

Proposal for a directive
Recital 24
(24) The search function based on products may refer to the product type or brand. Since repairers cannot know the specific defect before a request to repair has been made, it is sufficient that they provide on the online platform generic information on key elements of repair services to enable consumers to decide whether to repair the good in question, in particular the average time to complete repair, the availability of temporary replacement goods, the place where the consumer hands over the goods for repair and the availability of ancillary services. Repairers should be encouraged to regularly update their information on the online platform. In order to build consumer confidence in the repair services available on the online platform, repairers should be able to demonstrate their adherence to certain repair standards.deleted
2023/09/08
Committee: IMCO
Amendment 143 #

2023/0083(COD)

Proposal for a directive
Recital 25
(25) In order to facilitate obtaining the European Repair Information Form, the online platform should include the possibility for consumers to directly request that form from the repairer through the online platform. This possibility should be displayed in a prominent manner on the online platform. To create awareness of national online repair platforms and to facilitate access to such platforms across the Union, Member States should ensure that their online platforms are accessible through relevant national webpages connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council20 . To raise consumer awareness of the online platform, Member States should undertake appropriate steps, for instance sign-post the online platform on related national websites or carry out communication campaigns. __________________ 20 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).deleted
2023/09/08
Committee: IMCO
Amendment 145 #

2023/0083(COD)

Proposal for a directive
Recital 25
(25) In order to facilitate obtaining the European Repair Information Form, the online platform should include the possibility for consumers to directly request that form from the repairer through the online platform. This possibility should be displayed in a prominent manner on the online platform. To create awareness of national online repair platforms and to facilitate access to such platforms across the Union, Member States should ensure that their online platforms are accessible through relevant national webpages connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council20 . To raise consumer awareness of the online platform, Member States should undertake appropriate steps, for instance sign-post the online platform on related national websites or carry . Methods to raise awareness shall take into account communication campaignand be accessible for consumers with low literacy and digital skills. __________________ 20 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).
2023/09/08
Committee: IMCO
Amendment 146 #

2023/0083(COD)

Proposal for a directive
Recital 26
(26) In order to promote sustainable consumption of goods in situations outside the liability of the seller, the online platform should also promote goods subject to refurbishment as an alternative to repair or to buying new goods. To that end, the online platform should include a functionality allowing consumers to find sellers of goods subject to refurbishment or businesses buying defective goods for refurbishment purposes, in particular by enabling a search function per product category. Such sellers of goods subject to refurbishment or purchasers of defective goods for refurbishment should have access to the platform based on the same principles and technical specifications applicable to the repair functionality.deleted
2023/09/08
Committee: IMCO
Amendment 153 #

2023/0083(COD)

Proposal for a directive
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers. Such standard should take into consideration the specific needs of SMEs.
2023/09/08
Committee: IMCO
Amendment 154 #

2023/0083(COD)

Proposal for a directive
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services within 36 months, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations, including SME representative organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.
2023/09/08
Committee: IMCO
Amendment 155 #

2023/0083(COD)

Proposal for a directive
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include consumer safety, as well as aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.
2023/09/08
Committee: IMCO
Amendment 159 #

2023/0083(COD)

Proposal for a directive
Recital 28
(28) In order to promote repair within the liability of the seller as established in Directive (EU) 2019/771, the harmonised conditions under which the choice between the remedies of repair and replacement can be exercised should be adapted. The principle established in Directive (EU) 2019/771 to use the consideration whether the remedy chosen would impose costs on the seller that are disproportionate as compared to the other remedy, as one of the criteria to determine the applicable remedy, should be maintained. The consumer remains entitled to choose repair over replacement, unless repair would be impossible or it would impose disproportionate costs on the seller as compared to replacement. However, where the costs for replacement are higher than or equal to the costs of repair, the seller should always repair the goods. Hence, the consumer is entitled to choose replacement as a remedy only where it is cheaper than repair. Directive (EU) 2019/771 should therefore be amended accordingly.
2023/09/08
Committee: IMCO
Amendment 165 #

2023/0083(COD)

Proposal for a directive
Recital 28 a (new)
(28a) Consumers shall have the freedom of choice of where they want to have their goods repaired. This repair can be done by either the producer or an independent repairer. In order for independent repairers to be able to repair the goods, they should have fair access to spare parts, repair related information and tools at reasonable and non-discriminatory terms.
2023/09/08
Committee: IMCO
Amendment 170 #

2023/0083(COD)

Proposal for a directive
Recital 30
(30) In order to allow economic operators to adapt, transitional provisions concerning the application of some Articles of this Directive should be introduced. Thus, the obligations to repair and to provide related information on this obligation should apply to contracts for the provision of repair services after [2430 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [2430 months after the entry into force] to ensure legal certainty and to provide sellers with sufficient time to adapt to the amended remedies of repair and replacement.
2023/09/08
Committee: IMCO
Amendment 187 #

2023/0083(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 10 a (new)
10a. ‘independent operator’ is a natural or legal person, other than an authorised dealer or repairer, who is directly or indirectly involved in the repair and maintenance of the product, and include repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, assistance operators, operators offering inspection and testing services, operators offering training for installers and remote service suppliers.
2023/09/08
Committee: IMCO
Amendment 192 #

2023/0083(COD)

Proposal for a directive
Article 3 – paragraph 1
Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive in order to achieve a better functioning of the internal market.
2023/09/08
Committee: IMCO
Amendment 197 #

2023/0083(COD)

Proposal for a directive
Article 4
[...]deleted
2023/09/08
Committee: IMCO
Amendment 241 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a price or another kind of consideration, goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair is impossiblecannot reasonably be expected. The producer may sub-contract repair in order to fulfil its obligation to repair.
2023/09/08
Committee: IMCO
Amendment 252 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer. Where the importer or distributor of the good is based outside of the Union, the producer is required to have an authorised representative in the Union to perform the obligation of this Directive.
2023/09/08
Committee: IMCO
Amendment 256 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II without prejudice to the protection of sensitive information and business secrets foreseen in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.
2023/09/08
Committee: IMCO
Amendment 277 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts, after a comprehensive assessment, in accordance with Article 15 to amend Annex II by updating the list of Union legal acts laying down reparability requirements in the light of legislative developments.
2023/09/08
Committee: IMCO
Amendment 286 #

2023/0083(COD)

Proposal for a directive
Article 7
Online platform for repair and goods 1. least one online platform exists for their territory that allows consumers to find repairers. That platform shall: (a) include search functioArticle 7 deleted subject to refurbishment Member States shall ens uregarding goods, location of repair services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards; (b) European Repair Information Form via the platform; (c) contact information and services by repairers; (d) adherence to applicable European or national quality standards; (e) national websites connected to the Single Digital Gateway established by Regulation (EU) 2018/1724. (f) with disabilities 2. the online platform also includes a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment. 3. platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers. that at enable consumers to request the allow for regular updates of allow repairers to indicate their enable accessibility through ensure accessibility for persons Member States shall ensure that Registration on the online
2023/09/08
Committee: IMCO
Amendment 289 #

2023/0083(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that at least one online platform exists for their territory that allows consumers to find repairers. That platform shall where possible:
2023/09/08
Committee: IMCO
Amendment 314 #

2023/0083(COD)

Proposal for a directive
Article 8 – paragraph 2 a (new)
2a. Member States shall take appropriate measures to assist small and medium sized enterprises within the meaning of Commission Recommendation 2003/361/EC in applying the requirements set out in this Directive. Such measures should include, but not be limited to, promoting guidelines to raise awareness of ways to comply with the requirements set out in this Directive.
2023/09/08
Committee: IMCO
Amendment 323 #

2023/0083(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to Articles 4, 5 and 6 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Penalties imposed to economic operators that are SMEs shall take into account the financial capabilities and the size of the concerned enterprise.
2023/09/08
Committee: IMCO
Amendment 324 #

2023/0083(COD)

Proposal for a directive
Article 11 – paragraph 1 a (new)
1a. Member States shall ensure that non-exhaustive and indicative criteria are taken into account for the imposition of penalties, such as: (a) the nature, gravity, scale and duration of the infringement; (b) any action taken by the trader to mitigate or remedy the damage suffered by consumers; (c) any previous infringements by the trader; (d) the financial benefits gained or losses avoided by the trader due to the infringement, if the relevant data are available; (e) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394[A1] of the European Parliament and of the Council; (f) any other aggravating or mitigating factors applicable to the circumstances of the case.
2023/09/08
Committee: IMCO
Amendment 331 #

2023/0083(COD)

Proposal for a directive
Article 12
Directive (EU) 2019/771
Article 13(2)
Amendment to Directive (EU) 2019/771 In Article 13(2) of Directive (EU) 2019/771 the following sentence is added: ‘ In derogation from the first sentence of this paragraph, where the costs for replacement are equal to or greater than the costs for repair, the seller shall repair the goods in order to bring those goods in conformity. ’rticle 12 deleted
2023/09/08
Committee: IMCO
Amendment 363 #

2023/0083(COD)

Proposal for a directive
Article 16 – paragraph 1
1. Article 5(1) and (2) and Article 6 of this Directive shall not apply to contracts for the provision of repair services concluded before [2430 months after the entry into force].
2023/09/08
Committee: IMCO
Amendment 366 #

2023/0083(COD)

Proposal for a directive
Article 16 – paragraph 2
2. Article 12 of this Directive shall not apply to sales contracts concluded before [2430 months after the entry into force]
2023/09/08
Committee: IMCO
Amendment 377 #

2023/0083(COD)

Proposal for a directive
Annex I
EUROPEAN REPAIR INFORMATION FORM 1 [...] 2 [...] Indications between square brackets provide explanations for the repairer and must be replaced with the corresponding information.deleted
2023/09/08
Committee: IMCO
Amendment 142 #

2023/0079(COD)

(62) ‘Strategic Partnership’ means a commitment between the Union and a third country to increase cooperation related to the raw materials value chain that is established through a non-binding instrument setting out concrete actions of mutual interest and contributing to the development of human rights, and ambitious environmental and social standards.
2023/06/08
Committee: INTA
Amendment 163 #

2023/0079(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and, in particular by diversifying its supply chains, and for the third country concerned by adding value in that country, contributing to the better development of local economies and their societies, this includes the development of local processing industries for these critical materials, and the promotion of internationally recognised environmental and social standards.
2023/06/08
Committee: INTA
Amendment 180 #

2023/0079(COD)

Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Where the Member State whose territory is concerned by a proposed project objects to granting the proposed project strategic status, it shall present substantiated reasons for doing so during the discussion referred to in paragraph 4. The Board shall discuss the substantiated reasons presented by a Member State for its objection. The European Parliament shall be informed without delay. If, after the discussion, the Member State maintains its objection, the project shall not be considered for the status of Strategic Project.
2023/06/08
Committee: INTA
Amendment 184 #

2023/0079(COD)

Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2
For Strategic Projects in third countries, the Commission shall share the application received with the third country whose territory is concerned by the proposed project. The Commission shall not approve the application before receiving the explicit approval of the relevant third country, in accordance with the applicable international law and the law of that third country.
2023/06/08
Committee: INTA
Amendment 264 #

2023/0079(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point a
(a) trade flows and trade relations, including, but not limited to, potential action of coercion emanating from a third State;
2023/06/08
Committee: INTA
Amendment 273 #

2023/0079(COD)

Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
The Commission, in collaboration with the national authorities participating in the standing sub-group referred to in Article 35(6), point (c), shall ensure that a stress test is performed for each strategic or critical raw material’s supply chain at least every three years. To that end, the standing sub-group referred to in Article 35(6), point (c) shall coordinate and divide the implementation of stress tests for the different strategic or critical raw materials by the different participating authorities.
2023/06/08
Committee: INTA
Amendment 341 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – introductory part
1. The Board shall periodic1. By (... 1 year after the date of entry into force of this regulation), and at least every years the Board shally discuss :
2023/06/08
Committee: INTA
Amendment 357 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii b (new)
(iiib) improving the development of local industries linked to the treatment of this critical raw material ;
2023/06/08
Committee: INTA
Amendment 369 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory frameworkcooperation between the Union and a third country could improve the third country's ability to ensures the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communities, the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
2023/06/08
Committee: INTA
Amendment 370 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework and its implementation effectively ensures the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communities, the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
2023/06/08
Committee: INTA
Amendment 380 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
(iva) the effectiveness of the funds allocated by the Union to local projects and in particular those resulting from the Global Gateway;
2023/06/08
Committee: INTA
Amendment 385 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. The Commission, the Parliament and the Board shall, in the context of paragraph 1 and in so far as relates to emerging market and developing economies, ensure cooperation with other relevant coordination fora, including those established as part of the Global Gateway strategy.
2023/06/08
Committee: INTA
Amendment 392 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 3 – point b
(b) support the Commission in the effective implementation of the cooperation measures set out in Strategic Partnerships.
2023/06/08
Committee: INTA
Amendment 13 #

2022/2058(INI)

Motion for a resolution
Recital C a (new)
C a. whereas harmonised standards may be used to confer a presumption that products to be made available on the market are in conformity with the essential requirements that are laid down in the relevant Union harmonisation legislation for those products when they comply with the harmonised standards;
2023/02/02
Committee: IMCO
Amendment 45 #

2022/2058(INI)

Motion for a resolution
Paragraph 4
4. Supports the launch of the High- Level Forum for Standardisation and the desire to broaden the range of voices heard when identifying standardisation needs, planning future activities and coordinating approaches in standardisation bodies; underlines that this expert group should include a diverse range of stakeholders, including SME associations, without losing sight of the bottom-up, market- driven nature of standardisation activities;
2023/02/02
Committee: IMCO
Amendment 52 #

2022/2058(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the creation of an EU excellence hub on standards and the appointment of a chief standardisation officer (CSO) in the Commission; believes that this position and the hub, as a resource, should lead to greater consistency across the Commission in terms of standardisation requests and the preparation andtimely adoption of standards and legislative provisions with relevance to standardisation as well as the consistent application of the New Legislative Framework; considers that the person holding this oversight function should be an important interlocutor for Parliament, enabling the technical scrutiny of the Commission’s standardisation activities;
2023/02/02
Committee: IMCO
Amendment 59 #

2022/2058(INI)

Motion for a resolution
Paragraph 7
7. Believes that the Commission should, in consultation with the European Standardisation Organisations, establish a clear set of key performance indicators on the aspects of standardisation within its remit;
2023/02/02
Committee: IMCO
Amendment 78 #

2022/2058(INI)

Motion for a resolution
Paragraph 11
11. Stresses that there may be inherent limits to speeding up the standardisation process, as the preparation of standards, citation of harmonised standards and industry implementation of those standards all add time before market adoption; recognises that it may be easier to accelerate administrative tasks, such as citation in the Official Journal, but that the unduly rushed preparation or deployment of standards creates challenges for all stakeholders, including national authorities; encourages the Commission, in conjunction with improvements to its own internal processes, to continue working with the ESOs on ways of achieving timely delivery, including consideration of the most suitable standardisation deliverable depending on the needearly exchange of information on the content and feasibility of planned standardization requests and the consideration of the most suitable standardisation deliverable depending on the need; welcomes the action plan of the Task Force “Timely European Standards for a Green and Digital, Single and Global Market” between the Commission, EFTA and the ESOs;
2023/02/02
Committee: IMCO
Amendment 90 #

2022/2058(INI)

Motion for a resolution
Paragraph 12
12. Considers that an evaluation of Regulation (EU) 1025/2012 may identify areas where further efforts with the option of a reform, isf deemed necessary, are needed beyond the targeted amendment already introduced by the Commission; considers that the role, participation and input of relevant stakeholders, including those representing, inter alia, SMEs and environmental, social and consumer interests, should be evaluated and strengthened where such reforms may be beneficial and complementary to work envisaged by the ESOs following the Commission’s call for them to present proposals to reform their own internal governance;
2023/02/02
Committee: IMCO
Amendment 96 #

2022/2058(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Highlights the role of SME participation in the standardisation process and believes it should be increased and improved, especially in international standardisation; calls for sufficient financial support to be provided to facilitate the participation of SMEs and SME associations and to make use of existing tools and guidance that take into account the needs and interests of SMEs;
2023/02/02
Committee: IMCO
Amendment 107 #

2022/2058(INI)

Motion for a resolution
Paragraph 14
14. Recognises the need for a consistent approach towards technical or common specifications, in particular as different legislative processes mare currently giveing rise to divergent provisions; considers, therefore, that this mechanism should only be used in exceptional circumstances and only while relevant standards do not existhighlights the importance of linkage between common specifications and existing European and international standards in order to ease compliance, especially for small and medium sized companies; considers, therefore, that this mechanism should only be used in exceptional cases where the Commission has requested one or more European standardization organisations (ESOs) to draft a harmonised standard and there are undue delays in the standardisation procedure or the request hast, without reason, not been accepted, only after consultation with the ESOs and only when relevant standards do not exist and are not expected to be published within a reasonable period; expresses concern about technicalcommon specifications concerning, among other things, respect for fundamental rights, where recourse to implementing acts affects the co- legislators’ powers of scrutiny; stresses the need for a harmonized approach towards common specifications throughout different Union legislative acts;
2023/02/02
Committee: IMCO
Amendment 118 #

2022/2058(INI)

Motion for a resolution
Paragraph 15
15. Considers that divergent regulatory outcomes may also affect the standardisation process more generally, owing to differing terminology, the lack of standard clauses for standardisation requests and difficulties in ex ante oversight; underlines that this problem is even more significant where standards are relevant for more than one regulatory act; believes that a common approach or formalised agreement between the Commission and the co-legislators could be explored in order to streamline the preparation of standards and detailed conditions for technicalcommon specifications;
2023/02/02
Committee: IMCO
Amendment 129 #

2022/2058(INI)

Motion for a resolution
Paragraph 17
17. Emphasises that prioritising standardisation matters in cooperation with third countries in bi-, multi- and pluri- lateral settings is also important to ensure that like-minded, inclusive approaches towards standardisation can prevail at international level and foster cooperation between likeminded democratic partners; encourages, in this regard, the Commission and the CSO to develop key performance indicators to monitor commitments on standardisation between the Union and third countries in consultation with the European standardisation organisations;
2023/02/02
Committee: IMCO
Amendment 135 #

2022/2058(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Encourages a close European and EU-NATO co-operation regarding harmonization of standards in the field of defence in order to enhance interoperability and avoid duplication of national efforts amongst EU and NATO members;
2023/02/02
Committee: IMCO
Amendment 142 #

2022/2058(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Underlines that the European Commission should promote the New Legislative Framework, the use and integration of international standards and coordination among all actors, through Free Trade Agreements and in particular with regard to the Global Gateway;
2023/02/02
Committee: IMCO
Amendment 1 #

2022/2013(INI)

Motion for a resolution
Citation 5
— having regard to the general comments on the CRPD as the authoritative guidance on its implementation, elaborated by the UN Committee on the Rights of Persons with Disabilities, as the authoritative guidance on its implementation, and specifically the General Comment No. 2 - Article 9: Accessibility (adopted on 11April 2014),
2022/05/02
Committee: IMCO
Amendment 5 #

2022/2013(INI)

Motion for a resolution
Citation 19 a (new)
— having regard to the report of the Committee on the Internal Market and CNew Consumer Agenda, that has amongst its five priorities the specific needs of certain consumer Pgrotection (A9-0000/2022)ups, amongst them, persons with disabilities,
2022/05/02
Committee: IMCO
Amendment 9 #

2022/2013(INI)

Motion for a resolution
Citation 25 a (new)
— having regard to Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2016 concerning the rights of disabled persons and persons with reduced mobility when travelling by air1a, _________________ 1a OJ L 204, 26.7.2006, p. 1.
2022/05/02
Committee: IMCO
Amendment 15 #

2022/2013(INI)

Motion for a resolution
Recital A d (new)
Ad. whereas accessibility is an essential precondition for the full participation of persons with disabilities in society in a level playing field and for the effective enjoyment of all of their human rights and fundamental freedoms;
2022/05/02
Committee: IMCO
Amendment 21 #

2022/2013(INI)

Motion for a resolution
Recital C
C. whereas ensuring high-quality and affordable assissupportive technologies will benefit both persons with disabilities and the providers of these technologies as well as the whole of society, and whereas these technologies can only work in accessible environments;
2022/05/02
Committee: IMCO
Amendment 23 #

2022/2013(INI)

Ca. whereas the correct implementation of policies related to disabilities will contribute positively to the competitiveness of the EU's internal market and therefore represents an integral resource for the EU economy.
2022/05/02
Committee: IMCO
Amendment 27 #

2022/2013(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s initiative, announced in the Union of Equality: European Strategy for the Rights of Persons with Disabilities 2021-2030, to establish thean AccessibleEU Centre (‘Centre’), which aims to increase coherence in implementing harmonised accessibility policies, and to facilitate access to relevant knowledge and skills, promoting a culture of equal opportunities and full participation in society for persons with disabilities; in a collaborative space between public administrations, disability civil society, accessibility experts and users;
2022/05/02
Committee: IMCO
Amendment 33 #

2022/2013(INI)

Motion for a resolution
Paragraph 2
2. Notes that greater accessibility outcomes in society can only be achieved if the Centre follows the ‘universal design’ approach; emphasises the need to ensure that this approacha comprehensive approach to accessibility, to the physical environment, transportation, information and communication, and services open to the public, is duly taken into account, in particular in public procurement contracts and tenders;
2022/05/02
Committee: IMCO
Amendment 36 #

2022/2013(INI)

Motion for a resolution
Paragraph 3
3. Highlights that the EU has established a comprehensive legal framework for accessibility in the single market, based on the mandate of the CRPD; regrets, however, that the implementation of such crucial legislation has not yet been satisfactory, mostly due to the lack of qualified accessibility experts; stresses the need for improving the overall knowledge, as well as practical and theoretical expertise, on accessibility policies among public administrations and economic operators and society in general, in order to help find suitable solutions in each Member State;
2022/05/02
Committee: IMCO
Amendment 43 #

2022/2013(INI)

Motion for a resolution
Paragraph 4
4. Believes that the absence of a coordination and cooperation framework between the EU, the Member States and the relevant stakeholders within both the private and public sector represents a further obstacle to the implementation of accessibility laws and to the harmonised enforcement across the EU;
2022/05/02
Committee: IMCO
Amendment 47 #

2022/2013(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to ensure adequate funding for the establishment of and functioning of the Centre, and calls on the Member States to increase resources for the enforcement of accessibility policies, including through EU funds;
2022/05/02
Committee: IMCO
Amendment 49 #

2022/2013(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to ensure adequate funding for the functioning of the Centre, and calls on the Member States to increasensure the resources needed for the enforcement of accessibility policies, including through EU funds;
2022/05/02
Committee: IMCO
Amendment 60 #

2022/2013(INI)

Motion for a resolution
Paragraph 7
7. Highlights the specific challenges posed by particular domains of accessibility policies, such as built environment, public procurement, digital accessibilitytechnologies, media and culture, and assistive technologiestransportation, and supportive technologies and the foods, products and services open to the public; believes, therefore, that specialised sub-groups of experts are needed for certain areas; is convinced that these groups should work closely with the Centre and the Member States in order to guarantee better assessment, implementation, monitoring and enforcement of accessibility-related legislation; notes that accessibility must also take into account the gender and age of persons with disabilities;
2022/05/02
Committee: IMCO
Amendment 67 #

2022/2013(INI)

Motion for a resolution
Paragraph 9
9. Believes that the Centre should function as a hub which provideoffers relevant EU institutions and bodies and its Member States when implementing Union law with regular assistance and expertise relating to accessibility policies and technical requirements; believes that the Centre should establish a cooperation framework that would bring together the relevant national and Union bodies with all users groups, in particular organisations representing persons with disabilities, civil society organisations, academia, companies and professionals from all areas of accessibility, in order to guarantee harmonised enforcement across the EU, provide guidance and training, and to inspire policy learning and innovation at national and EU level, including through the identification and sharing of best practices;
2022/05/02
Committee: IMCO
Amendment 71 #

2022/2013(INI)

Motion for a resolution
Paragraph 11
11. Is of the opinion that the Centre should providegenerate valuable knowledge on accessibility through the use of research and studies to both the Commission and the Member States, as well as specialised and comparable information and data, including feedback on the implementation of accessibility laws; highlights that these actions would help accessibility policies to be solidly based on userbeneficiaries’ requirements and experiences;
2022/05/02
Committee: IMCO
Amendment 77 #

2022/2013(INI)

Motion for a resolution
Paragraph 12
12. Considers that the role of the Centre would be essential into providinge Member States, stakeholders and right- holders with constknowledge antd support for the implementation, monitoring and enforcement of accessibility policies, including through training and guidance documents in all EU official languages;
2022/05/02
Committee: IMCO
Amendment 11 #

2022/2008(INI)

Draft opinion
Paragraph 1 a (new)
1a. Highlights the importance to remove unjustified regulatory and non- regulatory barriers, including in services, that hamper the good functioning of the Single Market and to guarantee the effective implementation and enforcement of Single Market rules;
2022/04/06
Committee: IMCO
Amendment 12 #

2022/2008(INI)

Draft opinion
Paragraph 2
2. Notes that SMEs are the foundation of the EUHighlights the central role of SMEs in achieving the green and digital transitions; emphasises that the twin transition needs the involvement of European industry; underlines the need to fully support SMEs in the twin transition by providing them with easier access to finance;
2022/04/28
Committee: INTA
Amendment 13 #

2022/2008(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Highlights the strategic importance of digitalisation; Stresses the need to support SMEs in the digital transition and in the development of new technologies, which should be supported by access to appropriate financing and education in digital skills for employees; Calls on the Commission and Member States to step up their efforts to strengthen cybersecurity measures;
2022/04/28
Committee: INTA
Amendment 14 #

2022/2008(INI)

Draft opinion
Paragraph 1 b (new)
1b. Calls on the European Commission and the Member States to enhance cooperation amongst themselves and with economic operators and use new technologies and regulatory sandboxes for removing all unjustified barriers of the Single Market, and reducing the administrative burdens;
2022/04/06
Committee: IMCO
Amendment 15 #

2022/2008(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Stresses the need to ensure a level playing field for SMEs, including by implementing effectively the EUs Trade Defence Instruments (TDIs), so that European companies are not exposed to unfair trading practices;
2022/04/28
Committee: INTA
Amendment 16 #

2022/2008(INI)

Draft opinion
Paragraph 1 c (new)
1c. Notes that the War in Ukraine showed one more time that the European economic environment needs improvement and that we still need to complete the Single Market in key industrial sectors, such as energy production and transport;
2022/04/06
Committee: IMCO
Amendment 18 #

2022/2008(INI)

Draft opinion
Paragraph 3
3. Is concerned that both the current and the proposed EU legislation envisages too many bureaucratic hurdles for EU businesses; Underlines the need to reduce unnecessary administrative burdens for European businesses, SMEs in particular; calls on the Commission to fully implement the principles of better regulation and ‘think small first’;
2022/04/28
Committee: INTA
Amendment 25 #

2022/2008(INI)

Draft opinion
Paragraph 2 a (new)
2a. Recalls the importance of SMEs and start-ups for the competitiveness of the EU and as a source of innovation; asks the Commission to launch new actions to facilitate the creation of new start-ups, to support them in finding better access to financing and to provide clear guidance on how to comply with EU sectorial rules; believes that financial instruments to support their digitalisation should be strengthened.
2022/04/06
Committee: IMCO
Amendment 28 #

2022/2008(INI)

Draft opinion
Paragraph 4
4. Considers that for the EU to be competitive in open markets, every sector must receive sufficient support in developing its respective technological base and in promoting the research and innovation efforts carried out by public and private stakeholders;
2022/04/28
Committee: INTA
Amendment 30 #

2022/2008(INI)

Draft opinion
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that effective public procurement will lead to more jobs, growth and innovative investments; calls on the Commission to continue working on the correct implementation of EU public procurement legislation in order to create a well-functioning and harmonised Single Market across sectors and underlines the need to prioritize high quality and innovative aspects over price in all public procurement;
2022/04/06
Committee: IMCO
Amendment 35 #

2022/2008(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Observes with caution the need to evaluate dependencies on third countries in order to reduce vulnerabilities; Stresses the importance of sustainable and resilient global supply chains, while maintaining that the goal of the EU is to promote free trade;
2022/04/28
Committee: INTA
Amendment 36 #

2022/2008(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Calls for further negotiations of ambitious free trade agreements; Stresses the need to monitor the efficient use of the EU trade toolbox, namely the International Procurement Instrument, the Regulation on foreign subsidies distorting the internal market and, the Anti-Coercion Instrument;
2022/04/28
Committee: INTA
Amendment 38 #

2022/2008(INI)

Draft opinion
Paragraph 3 a (new)
3a. Underlines the importance of SMEs in the internal market as producers and also as providers of industrial services to other manufacturers; calls for the removal of the unjustified regulatory barriers and to promote the approach of the horizontal services in the industrial strategy;
2022/04/06
Committee: IMCO
Amendment 49 #

2022/2008(INI)

Draft opinion
Paragraph 4 a (new)
4a. Regrets that there are yet professions highly regulated in the Member States and calls on the Member States to take steps to allow skilled and highly skilled professional to have free access to the EU market, achieving in the shortest time possible areal Single Market in this sector; recalls that the green and digital transition of the industrial sectors need the recognition of highly skilled and skilled professionals in the whole European Union;
2022/04/06
Committee: IMCO
Amendment 52 #

2022/2008(INI)

Draft opinion
Paragraph 4 b (new)
4b. Recalls the importance of the cooperation with the education sector in all the Member States to develop the digital skills in the Single Market and highlights the need of a permanent dialogue among all relevant authorities and the economic operators to ensure that the young work force is better prepared for the new industrial needs.
2022/04/06
Committee: IMCO
Amendment 54 #

2022/2008(INI)

Draft opinion
Paragraph 4 d (new)
4d. Welcomes the establishing of the European alliances in different industrial sectors, like raw materials, batteries, processors and others; calls on the Commission to increase the dissemination of the information and to encourage the Member States, regions and economic operators, including SMEs to join the European efforts in achieving the key EU policy objectives;
2022/04/06
Committee: IMCO
Amendment 59 #

2022/2008(INI)

Draft opinion
Paragraph 8
8. Calls on the Commission to step up its efforts to secure the necessary energy supply for European industry through diversifying energy sources and suppliers, and reducing the EU’s energy dependencies; In light of the war in Ukraine, in particular on Russian coal, oil and gas.
2022/04/28
Committee: INTA
Amendment 62 #

2022/2008(INI)

Draft opinion
Paragraph 5 a (new)
5a. Underlines the importance of research and innovation in the green and digital transition; stresses the need of a true Single Market and of the active and enhanced participation of the SMEs and technology education institutes in the market; calls on the Commission and the Member States to facilitate the participation of SMEs and micro- enterprises to the R&D market by proper legislation and easy access to financial instruments and the possibility to use the R&D IP rights as collaterals.
2022/04/06
Committee: IMCO
Amendment 66 #

2022/2008(INI)

Draft opinion
Paragraph 5 d (new)
5d. Underlines the need to include in the industrial strategy the gaming industry as one of the industries with the highest development potential recalling that most of the games producers and developers are not European actors; calls for clear paths at the European level to enable industry to accelerate and become one of the leaders in the sector;
2022/04/06
Committee: IMCO
Amendment 74 #

2022/2008(INI)

Draft opinion
Paragraph 6 a (new)
6a. Highlights the importance of developing a true single market for data to support the EU industrial development, to foster innovation and to strengthen the Digital Single Market as a whole;
2022/04/06
Committee: IMCO
Amendment 76 #

2022/2008(INI)

Draft opinion
Paragraph 6 b (new)
6b. Recalls the importance of competition rules adapted to new dynamics of the EU market and to a changing global context to guarantee effective and fair competition in the Single Market and to enhance consumers choice;
2022/04/06
Committee: IMCO
Amendment 75 #

2022/0302(COD)

Proposal for a directive
Recital 10
(10) In certain Member States, injured persons may be entitled to make claims for damages caused by pharmaceutical products under a special national liability system, with the result that effective protection of consumers in the pharmaceutical sector is already attained. The right to make such claims should remain unaffected by this Directive. Furthermore, amendments to such special liability systems should not be precluded as long as they do not undermine the effectiveness of the system of liability provided for in this Directive or its objectives.
2023/05/04
Committee: IMCOJURI
Amendment 83 #

2022/0302(COD)

Proposal for a directive
Recital 13
(13) In order not to hamper innovation or research, this Directive should not apply to freResearch by the European Commission shows that Open Source software contributes between €65bn - €95bn to the European Union’s GDP, and provides significant growth opportunities for the Union economy. Therefore, in order not to hamper innovation or research, freeware and open-source software developed or supplisupplied or developed outside the course of a commercial activity. This is in particular the case for software, including its source code and modified versions, that is openl should not be covered by this directive. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by schared and freely accessible, usable, modifiable and redistributable. However wging a price for technical support services, by providing a software platform the core functionality of which relies on othere software is supplied in exchange for a pricervices which the manufacturer monetises, or by the use orf personal data is usedfor reasons other than exclusively for improving the security, compatibility or interoperability of the software, and is therefore supplied in the course of a commercial activity, the Directive should apply.
2023/05/04
Committee: IMCOJURI
Amendment 86 #

2022/0302(COD)

Proposal for a directive
Recital 13 a (new)
(13a) Due to the permissive nature of open-source licences, open-source software can be used as a component in products without need for the consent or knowledge of the original author, allowing for manufacturers to build new products and services quickly, however open-source software developers are not necessarily compensated for this use and often work on the software in their free time. Therefore, when a manufacturer uses open-source software as a component in a product, the manufacturer of the product should be liable for the component unless otherwise agreed, for instance through the provision of commercial technical support either by the developer or a third-party.
2023/05/04
Committee: IMCOJURI
Amendment 87 #

2022/0302(COD)

Proposal for a directive
Recital 13 b (new)
(13b) Public open-source code and software repositories allow developers to access a wide range of resources for software development, and allow for developers to share their code with the wider open-source community. These repositories operate as a public good, and therefore should not be considered as providers, manufacturers, importers or distributors, nor should their activity be considered as commercial within the meaning of this directive.
2023/05/04
Committee: IMCOJURI
Amendment 88 #

2022/0302(COD)

(14) Digital manufacturing files, which contain the functional information necessary to produce a tangible item by enabling the automated control of machinery or tools, such as drills, lathes, mills and 3D printers, should be considered as products, in order to ensure consumer protection in cases where such files are defective. For the avoidance of doubt, it should also be clarified that electricity is a product. Open-Source digital manufacturing files should be considered as open-source software.
2023/05/04
Committee: IMCOJURI
Amendment 185 #

2022/0302(COD)

Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. This directive shall not apply to freeware and open-source software, unless: (a) the developer or a third-party has explicitly agreed to accept liability, for instance, as part of the provision of technical support services, either with a user, or with a manufacturer who wishes to use the software as a component in their own products. (b) the software is provided in the course of commercial activity, either by: (i) charging a price for a product; (ii) providing a software platform reliant on other services which the manufacturer monetises (iii) using personal data generated by the software for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
2023/05/04
Committee: IMCOJURI
Amendment 193 #

2022/0302(COD)

Proposal for a directive
Article 2 – paragraph 3 – point c
(c) any rights which an injured person may have under national rules concerning contractual liability or concerning non- contractual liability on grounds other than the defectiveness of a product as provided for in this Directive, including national rules implementing Union Law, such as [AI Liability Directive];
2023/05/04
Committee: IMCOJURI
Amendment 256 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 17 a (new)
(17a) ‘freeware’ means proprietary software that is provided at no cost to the user, but cannot be distributed, studied, changed, improved, integrated into other products or provided as a service without the consent of the author.
2023/05/04
Committee: IMCOJURI
Amendment 259 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 17 b (new)
(17b) ‘open-source software’ means software distributed under a licence which allows users to run, copy, distribute, study, change and improve it freely, as well as to integrate it as a component in other products, provide it as a service, or provide commercial support for it.
2023/05/04
Committee: IMCOJURI
Amendment 179 #

2022/0278(COD)

Proposal for a regulation
Recital 1
(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and its supply chains can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely response to such impacts.
2023/03/31
Committee: IMCO
Amendment 183 #

2022/0278(COD)

Proposal for a regulation
Recital 2
(2) The Union was not sufficiently prepared to ensure efficient manufacturing, procurement and distribution of crisis- relevant non-medical goods such as personal protective equipment, especially in the early phase of the COVID-19 pandemic and the ad-hoc measures taken by the Commission in order to re-establish the functioning of the Single Market and to ensure the availability of crisis-relevant non-medical goods during the COVID-19 pandemic were necessarily reactive The pandemic also revealed insufficient overview of manufacturing capacities across the Union as well as vulnerabilities related to the global supply chains.
2023/03/31
Committee: IMCO
Amendment 186 #

2022/0278(COD)

Proposal for a regulation
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and of clarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition, it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Ssingle market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange.
2023/03/31
Committee: IMCO
Amendment 190 #

2022/0278(COD)

Proposal for a regulation
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts ondisrupting the Single Market of a wide range of crises by safeguarding the free movement of goods, services and persons and which facilitates access to crisis-relevant goods and services in the Single Market.
2023/03/31
Committee: IMCO
Amendment 193 #

2022/0278(COD)

Proposal for a regulation
Recital 6
(6) The impact of a crisis on the Single Market can be two-fold. On the one hand, a crisis can lead to obstacles to free movement within the Single Market, thus disrupting its normal functioning. On the other hand, a crisis can amplify shortages of crisis-relevant goods and services on the Single Market. The Regulation should address both types of impacts on the Single Market.
2023/03/31
Committee: IMCO
Amendment 197 #

2022/0278(COD)

Proposal for a regulation
Recital 7
(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. .
2023/03/31
Committee: IMCO
Amendment 200 #

2022/0278(COD)

Proposal for a regulation
Recital 9
(9) To this end, this Regulation provides: — continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis; — coordination, cooperation and exchange of information; and — accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses and citizens during a crisis.deleted the necessary means to ensure the a forum for adequate the means for the timely
2023/03/31
Committee: IMCO
Amendment 210 #

2022/0278(COD)

Proposal for a regulation
Recital 10
(10) Where possible, this Regulation should allow for anticipation of events and crises, building on on-going analysis concerning strategcritically important areas of the Single Market economy and the Union’s continuous foresight work before any emergency is declared.
2023/03/31
Committee: IMCO
Amendment 217 #

2022/0278(COD)

Proposal for a regulation
Recital 16
(16) In order to account for the exceptional nature of and potential far- reaching consequences for the fundamental operation of the Singe Market of a Single Market emergency, implementing powers should exceptionally be conferred on the Council for the activation of Single Market emergency mode pursuant to Article 2891(2) of the Treaty on the Functioning of the European Union.
2023/03/31
Committee: IMCO
Amendment 220 #

2022/0278(COD)

Proposal for a regulation
Recital 18
(18) As regards the measures for re- establishing and facilitating free movement of persons and any other measures affecting the free movement of persons provided under this Regulation, they are based on Article 21 TFEU and complement Directive 2004/38/EC without affecting its application at the time of Single Market emergencies. Such measures should not result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law and instead set down measures which are not acceptable under Union law, before, during, or after a Single Market emergency.
2023/03/31
Committee: IMCO
Amendment 222 #

2022/0278(COD)

Proposal for a regulation
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to reinforce free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulationemergency mode under this regulation. Member States and the Commission are encouraged to use existing intruments for the set up and operation of these contact points. Such contact points should be active even outside the emergency mode and should serve to help communication between the Member States and with the steering board.
2023/03/31
Committee: IMCO
Amendment 226 #

2022/0278(COD)

Proposal for a regulation
Recital 20
(20) If Member States adopt measures affecting free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and remove them as soon as the situation allows it. Such measures should respect the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions.deleted
2023/03/31
Committee: IMCO
Amendment 233 #

2022/0278(COD)

Proposal for a regulation
Recital 22
(22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle as a reason for adoption of free movement of persons restrictions. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by this Regulation. Where it is needed and it is clear that a measure is likely to not comply with Union law, the Commission should be able to suspend the application of measures already adopted. To wait for the full notification procedure would endanger the fundament rights of European citizens and businesses by creating potentially illegal barriers and therefore only increasing the harm of an emergency.
2023/03/31
Committee: IMCO
Amendment 237 #

2022/0278(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing actsimplementing powers should exceptionally be conferred on the Council for the individual activation of such measures pursuant to Article 291(2) of the Treaty on the Functioning of the European Union, which indicate the reasons for such activation and the crisis- relevant goods or services that such measures apply to.
2023/03/31
Committee: IMCO
Amendment 241 #

2022/0278(COD)

Proposal for a regulation
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the role of economic operators in crisis management, the Commissionuncil should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
2023/03/31
Committee: IMCO
Amendment 244 #

2022/0278(COD)

Proposal for a regulation
Recital 26
(26) The activation of the Single Market emergency mode, where needed, should also trigger the application of certain crisis- response procedures which introduce adjustments to the rules governing the design, manufacture, conformity assessment and the placing on the market of goods subject to Union harmonised rules. These crisis-response procedures should enable products, designated as crisis-relevant goods to be placed swiftly on the market in an emergency context. The conformity assessment bodies should prioritise the conformity assessment of crisis-relevant goods over any other ongoing applications for other products. On the other hand, in cases, where there are undue delays in the conformity assessment procedures, the national competent authorities should be able to issue authorisations for products, which have not undergone the applicable conformity assessment procedures to be placed on their respective market, provided that they comply with the applicable safety requirements. Such authorisations shall be only valid on the territory of the issuing Member State and limited to the duration of the Single Market emergency. In addition, in order to facilitate the increase in supply of crisis- relevant products, certain flexibilities should be introduced with respect to the mechanism of presumption of conformity. In the context of a Single Market emergency, the manufacturers of crisis- relevant goods should be able to rely also on national and international standards, which provide an equivalent level of protection to the harmonised European standards. In cases where the later do not exist or the compliance with them is rendered excessively difficult by the disruptions to the Single Market, the Commission should be able to issue common technical specifications of voluntary or of mandatory application in order to provide ready-to-use technical solutions to the manufacturers.
2023/03/31
Committee: IMCO
Amendment 246 #

2022/0278(COD)

Proposal for a regulation
Recital 28
(28) In cases where there are substantial risks to the functioning of the Single Market or in cases of severe shortages or an exceptionally high demand of goods of strategic importance, measures at Union level aimed to ensure the availability of crisis-relevant products, such as priority rated orders, may prove to be indispensable for the return to the normal functioning of the Single Market.
2023/03/31
Committee: IMCO
Amendment 248 #

2022/0278(COD)

Proposal for a regulation
Recital 29
(29) In order to leverage the purchasing power and negotiating position of the Commission during the Single Market vigilance mode and the Single Market emergency mode, Member States should be able to request the Commission to procure on their behalf.
2023/03/31
Committee: IMCO
Amendment 252 #

2022/0278(COD)

Proposal for a regulation
Recital 32
(32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality.
2023/03/31
Committee: IMCO
Amendment 257 #

2022/0278(COD)

Proposal for a regulation
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore. Moreover, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commissionuncil as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
2023/03/31
Committee: IMCO
Amendment 269 #

2022/0278(COD)

Proposal for a regulation
Recital 38
(38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions.
2023/03/31
Committee: IMCO
Amendment 271 #

2022/0278(COD)

Proposal for a regulation
Recital 39
(39) The Commission shall also where appropriate enter into consultations or cooperation, on behalf of the Union, with relevant third countries, with particular attention paid to developing countries, with a view to seeking cooperative solutions to address supply chain disruptions, in compliance with international obligations. This shall involve, where appropriate, coordination in relevant international fora.deleted
2023/03/31
Committee: IMCO
Amendment 273 #

2022/0278(COD)

Proposal for a regulation
Recital 40
(40) In order to put in place a framework of crisis protocols the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement the regulatory framework set out in this Regulation by further specifying the modalities of cooperation of the Member States and Union authorities during the Single Market vigilance and emergency modes, secure exchange of information and risk and crisis communication. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the 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.
2023/03/31
Committee: IMCO
Amendment 277 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond toaddress the impacts of crises ondisrupting the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance andfacilitating access to crisis- relevant goods and services in the Single Market.
2023/03/31
Committee: IMCO
Amendment 280 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. The measures referred to in paragraph 1 include: (a) Commission on the appropriate measures for anticipating, preventing or responding to the impact of a crisis on the Single Market; (b) and exchanging the relevant information; (c) anticipation and planning; (d) Market impacts of significant incidents that have not yet resulted in a Single Markedeleted an advisory group to advise the measures for obtaining, sharing contingency measures aiming at emergency (Single Market vigilance), including a set of vigilance measures and (e) Market emergencies, including a set of emergency response measures.asures for addressing Single measures for addressing Single
2023/03/31
Committee: IMCO
Amendment 284 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) an advisory group to advise the Commission on the appropriate measures for anticipating, steering board to decide whether sufficient evidence exists in order to trigger measures for preventing or responding to the impact of a crisis on the Single Market;
2023/03/31
Committee: IMCO
Amendment 288 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point c
(c) contingency measures aiming at anticipationto prepare and planning;
2023/03/31
Committee: IMCO
Amendment 289 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
(d) measures for addressing Single Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance measures andeleted
2023/03/31
Committee: IMCO
Amendment 295 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves and with the Commission.deleted
2023/03/31
Committee: IMCO
Amendment 300 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. The Commission may obtain any relevant specialised and/or scientific knowledge, which is necessary for the application of this Regulation.deleted
2023/03/31
Committee: IMCO
Amendment 307 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chainsternal market.
2023/03/31
Committee: IMCO
Amendment 312 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 6
6. This Regulation is without prejudice to the Commission: (a) cooperation, on behalf of the Union, with relevant third countries, with particular attention paid to developing countries, with a view to seeking cooperative solutions to avoid supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora; or (b) to impose restrictions to exports of goods in ldeleted entering into consultations or assessineg with the international rights and obligations of the Union under Regulation (EU) 2015/479 of the European Parliament and of the Council48 . __________________ 48 OJ L 83, 27.3.2015, p. 34.hether it is appropriate
2023/03/31
Committee: IMCO
Amendment 313 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 6 – point a
(a) entering into consultations or cooperation, on behalf of the Union, with relevant third countries, with particular attention paid to developing countries, with a view to seeking cooperative solutions to avoid supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora; ordeleted
2023/03/31
Committee: IMCO
Amendment 314 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 6 – point b
(b) assessing whether it is appropriate to impose restrictions to exports of goods in line with the international rights and obligations of the Union under Regulation (EU) 2015/479 of the European Parliament and of the Council48 . __________________ 48 OJ L 83, 27.3.2015, p. 34.deleted
2023/03/31
Committee: IMCO
Amendment 323 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made major event of extraordinary nature and scale that takes place inside or outside of the Uniendangers the general interest objectives of the Union by creating a significant adverse impact on the free movement of goods, services or persons;
2023/03/31
Committee: IMCO
Amendment 325 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘major event’ means an event which is likely to pose a serious risk to the free movement of goods, services or persons in more than one Member State, to affect the supply of or demand for critical products or services, to lead to shortages in more than one Member State and which necessitates urgent coordination at Union level in order to ensure the freedoms of the internal market;
2023/03/31
Committee: IMCO
Amendment 327 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘Single Market vigilance mode’ means a framework for addressing a threat of significant disruption of the supply of goods and services of strategic importance and which has the potential to escalate into a Single Market emergency within the next six months;deleted
2023/03/31
Committee: IMCO
Amendment 340 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘strategcritically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market;
2023/03/31
Committee: IMCO
Amendment 345 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘goods and services of strategiccritical importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategcritically important areas and which cannot be substituted or diversified;
2023/03/31
Committee: IMCO
Amendment 350 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7
(7) ‘strategic reserves’ means a stock of goods of strategiccritical importance for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State.
2023/03/31
Committee: IMCO
Amendment 354 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
(7 a) 'economic operator' means the manufacturer, the authorised representative, the importer and the distributor as defined in Regulation 765/2008/EC or a provider who offers or provides a service as defined in Directive 2006/123/EC;
2023/03/31
Committee: IMCO
Amendment 358 #

2022/0278(COD)

Proposal for a regulation
Article 4 – title
Advisory groupSteering Board
2023/03/31
Committee: IMCO
Amendment 359 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. An advisory group steering board is established.
2023/03/31
Committee: IMCO
Amendment 361 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The advisory groupsteering board shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative, three representatives of the European Parliament and two representatives of the European Economic and Social Committee, respresenting the social partners. The representatives of the European Parliament shall represent the majority of its members. Each steering board member shall also nominate an alternate representative. The representatives of the European Economic and Social Committee shall have no voting rights.
2023/03/31
Committee: IMCO
Amendment 370 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The Commission shall chair the advisory groupsteering board and ensure its secretariat. The Commissionsteering board may invite additional representatives of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory groupsteering board as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory groupsteering board. __________________ 49 OJ L 1, 3.1.1994, p. 3.
2023/03/31
Committee: IMCO
Amendment 380 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – introductory part
4. For the purpose of contingency planning under Articles 6 to 8, the advisorysteering group shall assist, with the anid adviseof the Commission as regards, carry out the following tasks:
2023/03/31
Committee: IMCO
Amendment 381 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – point a
(a) proposinge arrangements for administrative cooperation between the Commission and the Member States at the time of the Single Market vigilance and emergency modes that would be contained in the crisis protocols under Article 6;
2023/03/31
Committee: IMCO
Amendment 390 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. For the purpose of of the Single Market vigilance mode as referred to in Article 9, the advisory group shall assist the Commission in the following tasks: (a) referred to in Article 3(2) is present, and the scope of such threat; (b) and market intelligence; (c) economic operators, including SMEs, and industry to collect market intelligence; (d) analysing aggregated data received by other crisis-relevant bodies at Union and international level; (e) of information, including with other relevant bodies and other crisis-relevant bodies at Union level, as well asthird countries, as appropriate, with particular attention paid to developing countries, and international organisations; (f) national and Union crisis measures that have been used in previous crises that have had an impact on the Single Market and its supply chainsdeleted establishing whether the threat gathering foresight, data analysis consulting the representatives of facilitating exchanges and sharing maintaining a repository of
2023/03/31
Committee: IMCO
Amendment 395 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 5 – point b
(b) gathering foresight, data analysis and market intelligence;deleted
2023/03/31
Committee: IMCO
Amendment 403 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – introductory part
6. For the purposes of the Single Market emergency mode as referred to in Article 14, the advisory group shall assist the Commission insteering board shall carry out the following tasks:
2023/03/31
Committee: IMCO
Amendment 405 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point -a (new)
(-a) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence;
2023/03/31
Committee: IMCO
Amendment 407 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point a
(a) analysinge crisis-relevant information gathered by Member States or, EEA states, economic operators and the Commission;
2023/03/31
Committee: IMCO
Amendment 409 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point b
(b) establishingdecide whether the criteria for activation or deactivation of the emergency mode have been fulfilled; and that there is sufficient and reliable evidence to support that conclusion;
2023/03/31
Committee: IMCO
Amendment 412 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point c
(c) advisinge on the implementation of the measures chosen to respond to Single Market emergency at Union level;
2023/03/31
Committee: IMCO
Amendment 413 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point d
(d) performing a review of national crisis measures;
2023/03/31
Committee: IMCO
Amendment 415 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point e
(e) facilitatinge exchanges and sharing of information, including with other crisis- relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to developing countries, and international organisations.
2023/03/31
Committee: IMCO
Amendment 418 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. The Commissionsteering board shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory groupsteering board shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM.
2023/03/31
Committee: IMCO
Amendment 422 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 8
8. The advisory groupsteering board shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory groupsteering board shall adopt its rules of procedure.
2023/03/31
Committee: IMCO
Amendment 426 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 9
9. The advisory group may adoptsteering board may adopt decisions, opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6.
2023/03/31
Committee: IMCO
Amendment 434 #

2022/0278(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the Single Market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the Single Market vigilance and emergency modes.
2023/03/31
Committee: IMCO
Amendment 438 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. The Commission taking intodue consideration of the opinion of the advisory groupand recommendation of the steering board and the input of relevant Union level bodies, is empowereand after consulting the Member States, is empowered to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:
2023/03/31
Committee: IMCO
Amendment 440 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) cooperation between national and Union level competent authorities for the management of the Single Market vigilance and emergency modes in vigilance and emergency modes across the sectors of the Single Marketemergency mode;
2023/03/31
Committee: IMCO
Amendment 444 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) a coordinated approach to risk and crisis communication also vis-à-viswith economic operators and the public with a coordinating role for the Commission;
2023/03/31
Committee: IMCO
Amendment 445 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) the management of the framework.deleted
2023/03/31
Committee: IMCO
Amendment 447 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) an inventory of relevant national competent authorities, the central liaison offices designated in accordance with Article 5 and single points of contact referred to in Article 21, their contact details, assigned roles and responsibilities during the vigilance and emergency modes of this Regulation under national law;
2023/03/31
Committee: IMCO
Amendment 451 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market;an internal market emergency, who shall be consulted as soon as possible and whose response shall be voluntary.
2023/03/31
Committee: IMCO
Amendment 454 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c
(c) technical level cooperation in the vigilance and emergency modes across the sectors of the Single Market;
2023/03/31
Committee: IMCO
Amendment 455 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point d
(d) risk and emergency communication, with a coordinating role for the Commission, adequately taking into account already existing structures;
2023/03/31
Committee: IMCO
Amendment 457 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. In order to ensure the operation of the framework referred to in paragraph 1, the Commission may conduct stress tests, simulations and in-action and after-action reviews with Member States, and propose the relevant Union-level bodies and the Member States to update the framework as necessary.deleted
2023/03/31
Committee: IMCO
Amendment 467 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidmajor events that significantly disrupt or hait has reason to believe eithe potential to significantly disrupt the functionr meet or may soon meet the criteria ing of the Single Market and its supply chains (significant incidents)rder to be defined as a crisis or an internal market emergency.
2023/03/31
Committee: IMCO
Amendment 470 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3 – introductory part
3. In order to determine whether the disruption or potential disruption of the functioning of the Single Market and its supply chains of goods and services is significant andevents referred to in paragraph 1 should be the object of an alert, the central liaison office of a Member State shall take the following into account:
2023/03/31
Committee: IMCO
Amendment 479 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c
(c) the geographical area;, the proportion of the Single Market affected by the disruption or potential disruption; the impact on specific geographical areas particularly vulnerable or exposed to supply chain disruptions including the EU outermost region and its cross-border effects;
2023/03/31
Committee: IMCO
Amendment 485 #

2022/0278(COD)

Proposal for a regulation
Part III
III [...]deleted
2023/03/31
Committee: IMCO
Amendment 489 #

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 steering board, 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 steering board 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:
2023/03/31
Committee: IMCO
Amendment 500 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) an assessment of the potential impact of the expected crisis;
2023/03/31
Committee: IMCO
Amendment 503 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b
(b) list of the goods and services of strategiccritical importance concerned, and
2023/03/31
Committee: IMCO
Amendment 510 #

2022/0278(COD)

Proposal for a regulation
Article 10
1. that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act. 2. into considerArticle 10 deleted Extension and deactivation tThe opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act. 3. Implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2).Commission, if it considers Where the Commission, taking
2023/03/31
Committee: IMCO
Amendment 514 #

2022/0278(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinduly reflecting a positive decision provided by the advisory groupsteering board, may extend the vigilance mode for a maximum duration of six months by means of an implementing act.
2023/03/31
Committee: IMCO
Amendment 521 #

2022/0278(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where the Commission, taking into consideration the opinduly reflecting the decision provided by the advisory groupsteering board, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act.
2023/03/31
Committee: IMCO
Amendment 525 #

2022/0278(COD)

Proposal for a regulation
Part III – title II
II [...]deleted
2023/03/31
Committee: IMCO
Amendment 536 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive information and information affecting the security and public order of the Union or its Member States shall be ensured.
2023/03/31
Committee: IMCO
Amendment 537 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Member States shall, where possible, set up and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode.
2023/03/31
Committee: IMCO
Amendment 544 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. On the basis of the inventory set up pursuant to Article 6, national competent authorities shallmay address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the implementing act adopted pursuant to Article 9 and other relevant stakeholders established in their respective national territory. Such requests shall in particular states which information about factors impacting the availability of the identified goods and services of strategiccritical importance is requested. Each economic operator/stakeholder that voluntarily provides information shall do so on an individual basis in line with the Union rules on competition governing the exchange of information. The national competent authorities shall transmit the relevant findings to the Commission and the advisory groupsteering board without undue delay via the respective central liaison office.
2023/03/31
Committee: IMCO
Amendment 546 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. National competent authorities shall have due regard to the administrative burden on economic operators and in particular SMEs, which may be associated with requests for information and ensure it is kept to a minimum. Any information volutarily provided shall be confidential at all times.
2023/03/31
Committee: IMCO
Amendment 550 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. The Commission mayshall ask the advisory groupsteering board to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategiccritial importance.
2023/03/31
Committee: IMCO
Amendment 553 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 7
7. On the basis of the information 7. collected through the activities carried out in accordance with paragraph 1, the Commission mayshall provide a report ofn the aggregated findings.
2023/03/31
Committee: IMCO
Amendment 558 #
2023/03/31
Committee: IMCO
Amendment 561 #

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.
2023/03/31
Committee: IMCO
Amendment 570 #

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 strategiccritial 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.
2023/03/31
Committee: IMCO
Amendment 571 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. Taking due account of stocks held or being built up by economic operators on their territory, Member States shall deploy their best efforts to build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. The Commission shall provide support to Member States to coordinate and streamline their efforts.
2023/03/31
Committee: IMCO
Amendment 580 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Mfree movement of goods, services and persons in the internal market qualifies as a Single Market emergency, the Commission shall, based on concrete and reliable evidence, taking e into account at least the following indicators:
2023/03/31
Committee: IMCO
Amendment 588 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) an estimation of the number or market share and market demand of economic operations or users relying on the disrupted sector or sectors of the Single Market for the free movement of or provision of the goods or services concerned;
2023/03/31
Committee: IMCO
Amendment 592 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) the critical importance of the goods or services concerned for other sectors and the likelihood of a disruption to those goods or services causing a crisis of a cross-border nature within those sectors;
2023/03/31
Committee: IMCO
Amendment 599 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) the impacts in terms of degree and duration on economic and vital societal activities, the environment and public safety;
2023/03/31
Committee: IMCO
Amendment 600 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point e
(e) the economic operators affected by the disruption have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis.
2023/03/31
Committee: IMCO
Amendment 605 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point g
(g) the geographic area that is and could be affected, including any cross- border impacts on the provision of goods and services as well as on the functioning of systemic supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
2023/03/31
Committee: IMCO
Amendment 612 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point i
(i) the absence of substitute goods, inputr shortages of substitutes for crisis-relevant goods or services.
2023/03/31
Committee: IMCO
Amendment 616 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The Single Market Emergency mode may be activated without the Single Market vigilance mode having previously been activated with regard to the same goods or services. Where the vigilance mode has previously been activated, the emergency mode may replace it partially or entirely.deleted
2023/03/31
Committee: IMCO
Amendment 627 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The Council may activate the Single Market emergency mode by means of a Council implementing act. The duration of the activation, shall be specified in the implementing act, and shall be a maximum of six months.
2023/03/31
Committee: IMCO
Amendment 629 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The activation of the Single Market emergency mode regarding certain goods and services does not prevent the activation or continued application of the vigilance mode and deployment of the measures laid down in Articles 11 and 12 regarding the same goods and services.deleted
2023/03/31
Committee: IMCO
Amendment 635 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. As soon asWhen proposing the activation of the Single Market emergency mode is activatedaccording to paragraph 2, the Commission shall, without delay, adopt a list of crisis-relevant goods and services by means of an implementing actwhich will be included in the implementing act referred to in paragraph 3. The list may be amended by means of implementing acts.
2023/03/31
Committee: IMCO
Amendment 645 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where the Commission considers, taking into consideration the opinion provided by the advisory groupduly reflecting the decision provided by the steering board and based on the same grounds as those in Article 14(2), that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.
2023/03/31
Committee: IMCO
Amendment 649 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Where the advisory groupsteering board has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinadopt a decision to that effect and transmit it to the Commission. Where the Commission, taking into consideration the opinduly reflecting the decision provided by the advisory groupsteering board, considers a Single Market emergency no longer exists, it shall propose to the Council without delay the deactivation of the Single Market emergency mode with immediate effect.
2023/03/31
Committee: IMCO
Amendment 652 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market shall cease to apply upon deactivation of the duration of the Single Market emergency mode. Goods produced under the emergency procedures may continue to enter the internal market for six months after the deactivation of the emergency mode. The Commission shall submit to the Council an assessment on the effectiveness of the measures taken in addressing the Single Market emergency no later than three months after the expiry of the measures, on the basis of theinputs and exchange of information gathered viaby the monitoring mechanism foreseen by Article 11.steering board. (The list of Regulations and Directive should be amended based on the outcome of negotiations on the omnibus proposals.)
2023/03/31
Committee: IMCO
Amendment 657 #

2022/0278(COD)

Proposal for a regulation
Article 16
General requirements for measures restricting free movement to address a 1. national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this Article. 2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions. 3. citizens and businesses shall not create an undue or unnecessary administrative burden. 4. citizens, consumers, businesses, workers and their represenArticle 16 deleted Single Market emergency When adopting and applying Any requirement imposed on Member Statives about measures that affect their free movement rights in a clear and unambiguous manner. 5. all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholders, including communication with social partners and international partners.shall inform Member States shall ensure that
2023/03/31
Committee: IMCO
Amendment 681 #
2023/03/31
Committee: IMCO
Amendment 683 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph -1 (new)
-1. Any measures addressing an internal market emergency, taken by a Member State or the Union, shall be limited to the duration of the internal market emergency mode and shall be removed as soon as possible, at the latest once the internal market emergency mode has been deactivated in accordance with the procedure set out in Article 15(2).
2023/03/31
Committee: IMCO
Amendment 685 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from introducingMember States shall be prohibited to adopt at any time, including during a Single Market emergency mode, any of the following:
2023/03/31
Committee: IMCO
Amendment 690 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b – introductory part
(b) restrictions on the intra-EU export of goods or provision or receipt of services, or measures having equivalent effect, where those restrictions do any of the following;
2023/03/31
Committee: IMCO
Amendment 691 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b – point i
(i) disrupt supply chains of crisis- relevant goods and services that are listed in an implementing act adopted pursuant to Article 14, paragraph 5, ordeleted
2023/03/31
Committee: IMCO
Amendment 692 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b – point ii
(ii) create or increase shortages of such goods and services in the single market;deleted
2023/03/31
Committee: IMCO
Amendment 693 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) discrimination between Member States or between citizens, including in their role as service providers or workers, based directly or indirectly on nationality or, in the case of companies, the location of the registered office, central administration or principal place of business;
2023/03/31
Committee: IMCO
Amendment 698 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point d – point ii
(ii) are directly or indirectly discriminatory based on nationality of the person.
2023/03/31
Committee: IMCO
Amendment 703 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 2 – introductory part
2. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the following, unless to do so is inherent to the nature of the crisis: Member States shall be prohibited to adopt at any time, including during a Single Market emergency mode, any measures: (points may also be merged with paragraph 1)
2023/03/31
Committee: IMCO
Amendment 706 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 3 – introductory part
3. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from any of the following unless to do so is inherent to the nature of the crisis/Single Market emergency:Member States shall be prohibited to adopt at any time, including during a Single Market emergency mode, measures: (points may also be merged with paragraph 1)
2023/03/31
Committee: IMCO
Amendment 709 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – introductory part
4. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the followingMember States shall be prohibited to adopt at any time, including during a Single Market emergency mode, measures:
2023/03/31
Committee: IMCO
Amendment 711 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point a
(a) applying of more generous rules to travel to or from one Member State to or from another Member State or group of Member States, as compared to travel to and from other Member States unless to do so is inherent to the nature of the crisis/Single Market emergency;
2023/03/31
Committee: IMCO
Amendment 712 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point c
(c) prohibiting of business travel linked to the research and development, to the production of crisis-related goodevant goods or the provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14, paragraph 5, or their placing on the market or to the related inspections;
2023/03/31
Committee: IMCO
Amendment 714 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point d
(d) imposing prohibitions on travel, including travel for imperative family reasons, which are not appropriortionate for the achievement of any legitimate public interest purportedly pursued by such measures or which manifestly go beyond what is necessary to achieve that aim;
2023/03/31
Committee: IMCO
Amendment 717 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does notwhich are not proportionate for the achievement of any legitimate public interest purportedly pursued by such measures or which manifestly go beyond what is necessary for that purpose.to achieve that aim;
2023/03/31
Committee: IMCO
Amendment 719 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. When a Single Market emergency has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in the Member State and safe travel is possible despite the crisis, that Member State shall not impose travel restrictions on such categories of persons from other Member States that would prevent them from having access to their place of activity or workplace.
2023/03/31
Committee: IMCO
Amendment 726 #

2022/0278(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 17(6) and 17(7) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
2023/03/31
Committee: IMCO
Amendment 730 #

2022/0278(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. During the Single Market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis- relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis- relevant services or a civil protection worker and it considers that the use of different templates by each Member States is an obstacle to the free movement at the time of a Single Market emergency, the Commission may issue, if it considers it necessary for supporting the free movement of such categories of persons and their equipment during the ongoing Single Market emergency, templates for attesting that they fulfil the relevant criteria for the application Article 17(6) in all Member States by means of implementing acts.
2023/03/31
Committee: IMCO
Amendment 733 #

2022/0278(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
2023/03/31
Committee: IMCO
Amendment 736 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency and during a vigilance mode, Member States shall notify to the Commission any crisis- relevant draft measures restricting free movement of goods and the freedom to provide services as well as crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures.
2023/03/31
Committee: IMCO
Amendment 738 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 1 a (new)
1 a. Any measures that are not notified in accordance with paragraph 1 shall be deemed null and void.
2023/03/31
Committee: IMCO
Amendment 741 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Member States shall provide to the Commission a statement of the reasons which makedemonstrating that the enactment of such measures are justified and proportionate, where those reasons have not already been made clear in the notified measure. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by the measure.
2023/03/31
Committee: IMCO
Amendment 742 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The Commission shall communicate the notified measures to the other Member States without delay and shall share them at the same time with the advisory groupsteering board.
2023/03/31
Committee: IMCO
Amendment 744 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. If the advisory groupsteering board chooses to deliver an opin recommendation on a notified measure, it shall do so within four working days from the date of receipt by the Commission of the notification concerning that measure.
2023/03/31
Committee: IMCO
Amendment 751 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 8
8. Within 10 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including Articles 16 and 17 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
2023/03/31
Committee: IMCO
Amendment 752 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 10
10. The notifying Member State shall communicate the measures it intends to adopt in order toand justifications on how it complyies with the comments delivered in accordance with paragraphs 8 and 9 to the Commission within 10 days after receiving them.
2023/03/31
Committee: IMCO
Amendment 758 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 12 a (new)
12 a. Where there are clearly obvious and serious grounds to believe that a measure does not comply with Union law, the Commission may adopt a decision to suspend the application of any measures already adopted. Member States shall cease to enforce such measures. The Commission shall notify the Member State of the reasons for its decision. Where a Member State disagrees with the suspension, it shall immediately enter into dialogue with the Commission in order to align measures with Union law.
2023/03/31
Committee: IMCO
Amendment 763 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 16
16. The Commission shall publish the text of the measures adopted by the Member States in the context of the Single market emergency and vigilance mode that restrict free movement of goods, services and the persons, including workers, which have been communicated by means of the notifications referred to in this Article as well as via other sources. The text of the measures shall be published within one working day of its receipt by means of an electronic platform managed by the Commission. It shall also be published on the electronic platform of the Union level single point of contact under Article 22.
2023/03/31
Committee: IMCO
Amendment 766 #

2022/0278(COD)

Proposal for a regulation
Article 20 – paragraph 3 a (new)
3 a. The Commission shall ensure interoperability between the notification system under this regulation and the Internal Market Information System.
2023/03/31
Committee: IMCO
Amendment 775 #

2022/0278(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2 a. Member States shall incorporate the national single points of contact into the Your Europe portal as set out in Article 2(1) of Regulation (EU) 2018/1724.
2023/03/31
Committee: IMCO
Amendment 776 #

2022/0278(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. The Commission shall set up and operate a Union level single point of contact, which shall use the structure of the Your Europe portal, as set out in Article 2(1) of Regulation (EU) 2018/1724.
2023/03/31
Committee: IMCO
Amendment 786 #

2022/0278(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. BThe Commission may adopt binding measures included in this Chapter may be adopted by the Commission by means of implementing acts in accordance with Articles 24(2), first subparagraph of Article 26 and Article 27(2) may be adopted only after a Single Market Emergency has been activated by means of a Council implementing act in accordance with Article 14 and upon a positive opinion of the steering board.
2023/03/31
Committee: IMCO
Amendment 788 #

2022/0278(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. An implementing act introducing a measure included in this Chapter shall clearly and specifically list the crisis- relevant goods and services identified in the implementing act adopted in accordance with Article 14(5) to which such measure applies. That measure shall apply only for the duration of the emergency mode.
2023/03/31
Committee: IMCO
Amendment 790 #
2023/03/31
Committee: IMCO
Amendment 794 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission may invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a set time limit, specific information to the Commission on the production capacities and possible existing stocks of crisis- relevant goods and components thereof in Union production facilities and third country facilities which it operates, contracts or purchases supply from, as well as information on any relevant supply chain disruptions withreasonable timeframe, specific internal market emergency relevant information to the Commission including information on any relevant supply chain disruptions within a given deadline. The Commission may only collect this information and exchange it with the steering board in order to support their decisions on implementing a given deadline.cts as referred to in Articles 26 and 27
2023/03/31
Committee: IMCO
Amendment 799 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limita reasonable timeframe and do not provide a valid justification for not doing so, the Commission may, by means of an implementing act, requir recommendation, invite that they transmit the information, indicating in the implementing actternal market emergency relevant information, indicating why it is proportionate and necessary to do so, specifying the crisis-relevant goods and services and addressees concerned by the information request, and the information that is sought, providing where necessary a template with the questions that may be addressed to the economic operators.
2023/03/31
Committee: IMCO
Amendment 804 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 3 – point b
(b) other information necessary for assessing the nature or magnitude of a given supply chain disruption or shortage.deleted
2023/03/31
Committee: IMCO
Amendment 807 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis-relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. TWhen inviting economic operators to share on a voluntary basis the internal market emergency-relevant information, the Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.
2023/03/31
Committee: IMCO
Amendment 812 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 5
5. The Commission Drecisommendations containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal drecisommedation shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.
2023/03/31
Committee: IMCO
Amendment 817 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 6
6. The owners of the economic operators or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator or the association of economic operators concerned. Each economic operator or association of economic operators shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
2023/03/31
Committee: IMCO
Amendment 819 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 7
7. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions whereby the Commission has imposed a mandatory information request to an economic operator.deleted
2023/03/31
Committee: IMCO
Amendment 822 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 8
8. The implementing acts referred to in paragraph 2 shall be adopted in accordance with the committee procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).deleted
2023/03/31
Committee: IMCO
Amendment 825 #

2022/0278(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. Information received from liaison offices of the Member States, the steering board, economic operators or any other source as a result of the application of this Regulation shall be used only for the purpose for which it was requested.
2023/03/31
Committee: IMCO
Amendment 827 #

2022/0278(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, and any compensation due in the event of unauthorised disclosures in accordance with Union and the respective national law.
2023/03/31
Committee: IMCO
Amendment 834 #

2022/0278(COD)

Proposal for a regulation
Article 26 – paragraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).deleted
2023/03/31
Committee: IMCO
Amendment 837 #
2023/03/31
Committee: IMCO
Amendment 842 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. The Commission may invite, on a voluntary basis, one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’).
2023/03/31
Committee: IMCO
Amendment 844 #

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 steering board, 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 steering board, 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 Marketthe Single Market emergency and may only be adopted where the crisis-relevent goods cannot be procured in accordance with Articles 34, 37 and 38.
2023/03/31
Committee: IMCO
Amendment 849 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the orders specified in the decision, it shall provide 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 gravityparticularly taking into account the prices and quantities specified by the Commission or other considerations of comparable gravity, including a contractual penalty for the failure to fulfil performance obligations under private or public law.
2023/03/31
Committee: IMCO
Amendment 852 #

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
2023/03/31
Committee: IMCO
Amendment 854 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 6
6. The Commission shall take the decision to invite one or more economic operators to accept and prioritise certain orders as referred to in paragraph 21 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s and the economic operator'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, the price 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 reasonable priceThe priority rated order shall be placed at market price and including compensation for any other costs due to the prioritisation or deprioritisation of other orders, including contractual penalties.
2023/03/31
Committee: IMCO
Amendment 858 #

2022/0278(COD)

Proposal for a regulation
Article 28
Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with 1. a decision, where deemed necessary and proportionate, impose fines: (a) organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit; (b) intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third country obligation pursuant to Article 27 or fails to explain why it has not accepted a priority rated order; (c) intentionally or through gross negligence, does not comply with an obligation which it has accepted to prioritise certain orders of crisis-relevant goods (‘priority rated order’) pursuant to Article 27 2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR. 3. referred to in paragraph 1 (c) shall not exceed 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of total turnover in the preceding business year. 4. In fixing the amount of the fine, regard shall be had to the size and economic resources of the economic operator concerned, to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. 5. European Union shall have unlimited jurisdiction to review decisions whereby the Commission has fixed a fine. It may cancel, reduce or increase the fine imposed.Article 28 deleted priority rated orders The Commission may, by means of where a representative where an economic operator, where an economic operator, Fines imposed in the cases The Court of Justice of the
2023/03/31
Committee: IMCO
Amendment 862 #

2022/0278(COD)

Proposal for a regulation
Article 28 – title
Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with priority rated orders
2023/03/31
Committee: IMCO
Amendment 864 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) where a representative organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit;deleted
2023/03/31
Committee: IMCO
Amendment 868 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (a) and (b)(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.
2023/03/31
Committee: IMCO
Amendment 870 #

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.
2023/03/31
Committee: IMCO
Amendment 874 #

2022/0278(COD)

Proposal for a regulation
Article 29
Limitation period for the imposition of 1. fines in accordance with Article 30 shall be subject to the following limitation periods: (a) infringements of provisions concerning requests of information pursuant to Article 24; (b) infringements of provisions concerning the obligation to prioritise the production of crisis-relevant goods pursuant to Article 26(2). 2. day on which the Commission becomes aware of the infringement. However, in case of continuous or repeated infringements, time shall begin to run on the day on which the infringement ceases 3. Commission or the competent authorities of the Member States for the purposes of ensuring compliance with the provisions of this Regulation shall interrupt the limitation period. 4. period shall apply for all the parties which are held responsible for the participation in the infringement. 5. time running afresh. However, the limitation period shall expire at the latest on the day in which a period equal to twice the limitation period has elapsed without the Commission having imposed a fine. That period shall be extended by the time during which the limitation period is suspended because the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union.Article 29 deleted fines The Commission power to impose two years in the case of three years in the case The time shall begin to run on the Any action taken by the The interruption of the limitation Each interruption shall start the
2023/03/31
Committee: IMCO
Amendment 878 #

2022/0278(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point a
(a) two years in the case of infringements of provisions concerning requests of information pursuant to Article 24;deleted
2023/03/31
Committee: IMCO
Amendment 880 #

2022/0278(COD)

Proposal for a regulation
Article 30
Limitation periods for enforcement of 1. enforce decisions taken pursuant to Article 28 shall be subject to a limitation period of five years. 2. Time shall begin to run on the day on which the decision becomes final. 3. The limitation period for the enforcement of fines shall be interrupted: (a) by notification of a decision varying the original amount of the fine or refusing an application for variation; (b) or of a Member State, acting at the request of the Commission, designed to enforce payment of the fine. 4. Each interruption shall start time running afresh. 5. enforcement of fines shall be suspended for so long as: (a) (b) enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union.Article 30 deleted fines The power of the Commission to by any action of the Commission The limitation period for the time to pay is allowed;
2023/03/31
Committee: IMCO
Amendment 884 #

2022/0278(COD)

Proposal for a regulation
Article 31
Right to be heard for the imposition of 1. pursuant to Article 28, the Commission shall give the economic operator or representative organisations of economic operators concerned the opportunity of being heard on: (a) Commission, including any matter to which the Commission has taken objections; (b) may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph. 2. organisations of economic operators concerned may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 21 days. 3. The Commission shall base its decisions only on objections on which economic operators and representative organisations of economic operators concerned have been able to comment. 4. economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. The economic operator or representative organisations of economic operators concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.Article 31 deleted fines Before adopting a decision preliminary findings of the measures that the Commission Undertakings and representative The rights of defence of the
2023/03/31
Committee: IMCO
Amendment 889 #

2022/0278(COD)

Proposal for a regulation
Article 32
Where the strategic reserves constituted by the Member States in accordance with Article 132 prove to be insufficient to meet the needs rdelaeted to the Single Market emergency, the Commission, taking into consideration the opinion provided by the advisory group, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the Single Market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the Single Market emergency.Coordinated distribution of strategic reserves
2023/03/31
Committee: IMCO
Amendment 892 #

2022/0278(COD)

Proposal for a regulation
Article 32 – paragraph 1
Where the strategic reserves constituted by the Member States in accordance with Article 12 prove to be insufficient to meet the needs related to the Single Market emergency, the Commission, duly taking into consideration the opinion provided by the advisory groupsteering board, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the Single Market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the Single Market emergency.
2023/03/31
Committee: IMCO
Amendment 894 #

2022/0278(COD)

Proposal for a regulation
Article 33
Measures to ensure the availability and supply of crisis-relevant goods and services 1. considers that there is a risk of a shortage of crisis-relevant goods, recommend that Member States implement specific measures to ensure the efficient re- organisation of supply chains and production lines and to use existing stocks to increase the availability and supply of crisis-relevant goods and services, as quickly as possible. 2. referred to in paragraph 1 may include measures: (a) repurposing of exisArticle 33 deleted The Commission may, when it In particular, the measures facilitating or the establishment of new production capacities for crisis-relevant goods; (b) exisxpansion or facilitating or the establishment of new capacities related to service activities; (c) of crisis-relevant goods.xpansion of aiming at accelerating permitting
2023/03/31
Committee: IMCO
Amendment 908 #

2022/0278(COD)

Proposal for a regulation
Part V – Chapter I – title
I Procurement of goods and services of strategic importance and crisis-relevant goods and services by the Commission on behalf of Member States during vigilance andthe emergency modes
2023/03/31
Committee: IMCO
Amendment 910 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. Two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of strategic importance listed in an implementing act adopted pursuant to Article 9(1) or crisis- relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).
2023/03/31
Committee: IMCO
Amendment 912 #

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 Strates, it shall inform the steering board and the Member States concerned 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.
2023/03/31
Committee: IMCO
Amendment 917 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 3 a (new)
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.
2023/03/31
Committee: IMCO
Amendment 920 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts.
2023/03/31
Committee: IMCO
Amendment 921 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. In accordance with the agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of strategic importance or crisis- relevant goods and services, concerning the purchase of such goods or services.
2023/03/31
Committee: IMCO
Amendment 923 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. Representatives of the Commission or experts nominated by the Commission may carry out on-site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.deleted
2023/03/31
Committee: IMCO
Amendment 927 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. The Commission shall carry out the procurement procedures and conclude the resulting contracts with economic operators on behalf of the participating Member States. All participating Member States shall be involved in the procurement process. To that effect, the Commission shall invite participating Member States to nominate representatives to take part in the preparation of the procurement processes as well as the negotations of the purchasing agreements. Representatives of participating Member States shall have the status of experts in the procurement process, in accordance with Regulation (EU, Euratom) 2018/1046.
2023/03/31
Committee: IMCO
Amendment 931 #

2022/0278(COD)

Proposal for a regulation
Part V – Chapter II – title
II Joint Procurement during vigilance and emergency modesemergency mode (This could also be merged with the title of Chapter III)
2023/03/31
Committee: IMCO
Amendment 932 #

2022/0278(COD)

Proposal for a regulation
Part V – Chapter III – title
IIIJoint Procurement and Procurement by the Member States during the emergency mode
2023/03/31
Committee: IMCO
Amendment 940 #

2022/0278(COD)

Proposal for a regulation
Article 39 – paragraph 1
Where the Single Market emergency mode has been activated pursuant to Article 164 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other means. , except where otherwise provided for in Article 34(3a). Or. en (see Amendment to Article 34)
2023/03/31
Committee: IMCO
Amendment 948 #

2022/0278(COD)

Proposal for a regulation
Article 41 – paragraph 1
The Commission and the Member States may set up interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures may be developed outside the duration of the Single Market Emergency. The Commission shall primarily make use of already existing IT tools.
2023/03/31
Committee: IMCO
Amendment 956 #

2022/0278(COD)

Proposal for a regulation
Article 44 – paragraph 1
1. By [OP: please insert date = five years from the entry into force of this Regulation] and every five years thereafter, and after every deactivation of the emergency mode, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning, vigilance and Single Market emergency response system suggesting any improvements if necessary, accompanied, where appropriate, by relevant legislative proposals.
2023/03/31
Committee: IMCO
Amendment 66 #

2022/0272(COD)

Proposal for a regulation
Recital 10
(10) IResearch by the Commission shows that Open Source software contributes between €65 billion to €95billion to the Union’s GDP, and provides significant growth opportunities for the Union economy. Therefore, in order not to hamper innovation or research, freeware and open-source software developed or supplied outside the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services, by providing a software platform throughe core functionality of which relies on other services which the manufacturer monetises other services, or by the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
2023/04/28
Committee: IMCO
Amendment 67 #

2022/0272(COD)

Proposal for a regulation
Recital 10 a (new)
(10 a) Due to the permissive nature of open-source licences, open-source software can be used as a component in products without need for the consent or knowledge of the original author, allowing for manufacturers to build new products and services quickly, however open-source software developers are not compensated for this use and often work on the software in their free time. Therefore, when a manufacturer uses open-source software as a component in a product, they should be subject to the obligations of manufacturers for that component, unless otherwise agreed through the provision of commercial technical support either by the developer or a third-party.
2023/04/28
Committee: IMCO
Amendment 69 #

2022/0272(COD)

Proposal for a regulation
Recital 10 b (new)
(10 b) Public open-source code and software repositories allow developers to access a wide range of resources for software development, and allow for developers to share their code with the wider open-source community. These repositories operate as a public good, and therefore should not be considered as providers, manufacturers, importers or distributors, nor should their activity be considered as commercial within the meaning of this Regulation.
2023/04/28
Committee: IMCO
Amendment 76 #

2022/0272(COD)

Proposal for a regulation
Recital 20
(20) Products with digital elements should bear the CE marking to visibly, legibly and indelibly indicate their conformity with this Regulation so that they can move freely within the internal market. Member States should not create unjustified obstacles to the placing on the market of products with digital elements that comply with the requirements laid down in this Regulation and bear the CE marking.
2023/04/28
Committee: IMCO
Amendment 97 #

2022/0272(COD)

Proposal for a regulation
Recital 34 a (new)
(34 a) ENISA should be responsible for publishing and maintaining a database of known exploited vulnerabilities. Manufacturers should monitor the database and notify vulnerabilities found in their products.
2023/04/28
Committee: IMCO
Amendment 120 #

2022/0272(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)
5 a. This Regulation does not apply to freeware and open-source software unless: (a) the developer or a third-party has agreed to the provision of technical support services, either with a user, or with a manufacturer who wishes to use the software as a component in their own products. (b) the software is provided in the course of commercial activity, either by: (i) charging a price for a product; (ii) providing a software platform reliant on other services which the manufacturer monetises; (iii) using personal data generated by the software for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
2023/04/28
Committee: IMCO
Amendment 129 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
(6 a) 'freeware' means proprietary software that is provided at no cost to the user, but cannot be distributed, studied, changed, improved, integrated into other products or provided as a service without the consent of the author;
2023/04/28
Committee: IMCO
Amendment 130 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6 b (new)
(6 b) ‘ open-source software’ means software distributed under a licence which allow users to run, copy, distribute, study, change and improve it freely, as well as to integrate it as a component in other products, provide it as a service, or provide commercial support for it;
2023/04/28
Committee: IMCO
Amendment 139 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 40 a (new)
(40 a) 'partly completed products with digital elements' means a tangible item which is unable to function independently and which is only produced with the aim of be incorporated into or assembled with a product with digital elements or other partly completed product with digital elements, and which can only be effectively assessed for its conformity taking into account how it is incorporated into an intended final product with digital elements;
2023/04/28
Committee: IMCO
Amendment 141 #

2022/0272(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Member States shall not impede, for the matters covered by this Regulation, the making available on the market of products with digital elements or partly completed products with digital elements which comply with this Regulation.
2023/04/28
Committee: IMCO
Amendment 145 #

2022/0272(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. At trade fairs, exhibitions and demonstrations or similar events, Member States shall not prevent the presentation and use of a product with digital elements or a partly completed product with digital elements which does not comply with this Regulation.
2023/04/28
Committee: IMCO
Amendment 152 #

2022/0272(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) the intended use in sensitive environments, including in industrial settingcritical applications in sensitive environments or by essential entities of the type referred to in the Annex [Annex I] to the Directive [Directive XXX/XXXX (NIS2)];
2023/04/28
Committee: IMCO
Amendment 163 #

2022/0272(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Products with digital elements or partly completed products with digital elements classified as high-risk AI systems in accordance with Article [Article 6] of Regulation [the AI Regulation] which fall within the scope of this Regulation, and fulfil the essential requirements set out in Section 1 of Annex I of this Regulation, and where the processes put in place by the manufacturer are compliant with the essential requirements set out in Section 2 of Annex I, shall be deemed in compliance with the requirements related to cybersecurity set out in Article [Article 15] of Regulation [the AI Regulation], without prejudice to the other requirements related to accuracy and robustness included in the aforementioned Article, and in so far as the achievement of the level of protection required by those requirements is demonstrated by the EU declaration of conformity issued under this Regulation.
2023/04/28
Committee: IMCO
Amendment 169 #

2022/0272(COD)

Proposal for a regulation
Article 9 – paragraph 1
Machinery products under the scope of Regulation [Machinery Regulation proposal] which are products with digital elements or partly completed products with digital elements within the meaning of this Regulation and for which an EU declaration of conformity has been issued on the basis of this Regulation shall be deemed to be in conformity with the essential health and safety requirements set out in Annex [Annex III, Sections 1.1.9 and 1.2.1] to Regulation [Machinery Regulation proposal], as regards protection against corruption and safety and reliability of control systems, and in so far as the achievement of the level of protection required by those requirements is demonstrated in the EU declaration of conformity issued under this Regulation.
2023/04/28
Committee: IMCO
Amendment 192 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISA any actively exploited vulnerability contained in the product with digital elements. The notification shall include details concerning that vulnerability and, where applicable, any corrective or mitigating measures taken. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notification to the CSIRT designated for the purposes of coordinated vulnerability disclosure in accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] of Member States concerned upon receipt and immediately inform the market surveillance authority about the notified vulnerability. Where a notified vulnerability has no corrective or mitigating measures available, ENISA shall ensure that information about the notified vulnerability is shared in line with strict security protocols and on a need-to-know-basis.
2023/04/28
Committee: IMCO
Amendment 196 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, by means of an early warning, notify to ENISA of any incident having a significant impact on the security of the product with digital elements. The manufacturer shall without undue delay and in any event within 72 hours of becoming aware of the significant incident related to the product with digital elements further notify ENISA more details on the significant incident. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notifications to the single point of contact designated in accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] of the Member States concerned and immediately inform the market surveillance authority about the notified incidents. The incident notification shall include information on the severity and impact of the incident and, where applicable, indicate whether the manufacturer suspects the incident to be caused by unlawful or malicious acts or considers it to have a cross-border impact.
2023/04/28
Committee: IMCO
Amendment 222 #

2022/0272(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex IV and shall contain the elements specified in the relevant conformity assessment procedures set out in Annex VI. Such a declaration shall be continuously updatedupdated as appropriate. It shall be made available in the language or languages required by the Member State in which the product with digital elements is placed on the market or made available.
2023/04/28
Committee: IMCO
Amendment 223 #

2022/0272(COD)

Proposal for a regulation
Article 20 a (new)
Article 20 a EU Declaration of Incorporation for partly completed products with digital elements 1. The EU declaration of incorporation shall be drawn up by manufacturers in accordance with Article 10(7) and state that the fulfilment of the relevant essential requirements set out in Annex I has been demonstrated. 2. The EU declaration of incorporation shall have the model structure set out in Annex IVa (new). Such a declaration shall be updated as appropriate. It shall be made available in the language or languages required by the Member State in which the partly completed product with digital elements is placed on the market or made available. 3. Where a partly completed product with digital elements is subject to more than one Union act requiring an EU declaration of incorporation, a single EU declaration of incorporation shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the Union acts concerned, including their publication references. 4. The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by adding elements to the minimum content of the EU declaration of incorporation as set out in Annex IVa (new) to take account of technological developments.
2023/04/28
Committee: IMCO
Amendment 224 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly to the product with digital elements. Where that is not possible or not warranted on account of the nature of the product with digital elements, it shall be affixed to the packaging and to the EU declaration of conformity referred to in Article 20 accompanying the product with digital elements. For products with digital elements which are in the form of software, the CE marking shall be affixed either to the EU declaration of conformity referred to in Article 20 or on the website accompanying the software product. In the latter case, the relevant section of the website shall be easily and directly accessible to consumers.
2023/04/28
Committee: IMCO
Amendment 225 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. The CE marking shall be affixed before the product with digital elements is placed on the market. It may be followed by a pictogram or any other mark indicating to consumers a special risk or use set out in implementing acts referred to in paragraph 6.
2023/04/28
Committee: IMCO
Amendment 226 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. Member States shall build upon existing mechanisms to ensure correct and harmonised application of the regime governing the CE marking and shall take appropriate and coordinated action in the event of improper use of that marking. Where the product with digital elements is subject to other Union legislation which also provides for the affixing of the CE marking, the CE marking shall indicate that the product also fulfils the requirements of that other legislation.
2023/04/28
Committee: IMCO
Amendment 227 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The Commission may, by means of implementingdelegated acts, lay down technical specifications for labelling schemes, including harmonised labels, pictograms or any other marks related to the security of the products with digital elements, and mechanisms to promote their use. Those implementing among businesses and consumers and to increase public awareness about security of products with digital elements. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 51(2)0.
2023/04/28
Committee: IMCO
Amendment 229 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 6 a (new)
6 a. A partly completed product with digital elements shall not be marked with the CE marking under this Regulation without prejudice of marking provisions resulting from other applicable Union legislation.
2023/04/28
Committee: IMCO
Amendment 234 #

2022/0272(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
(c a) a European cybersecurity certification scheme adopted in accordance with Article 18(4) of Regulation (EU) 2019/881.
2023/04/28
Committee: IMCO
Amendment 236 #

2022/0272(COD)

Proposal for a regulation
Article 24 – paragraph 2 – point b a (new)
(b a) where applicable, a European cybersecurity certification scheme at assurance level ‘substantial’ or ‘high’ pursuant to Regulation (EU) 2019/881.
2023/04/28
Committee: IMCO
Amendment 256 #

2022/0272(COD)

Proposal for a regulation
Article 41 – paragraph 3
3. Where relevant, the market surveillance authorities shall cooperate with the national cybersecurity certification authorities designated under Article 58 of Regulation (EU) 2019/881 and exchange information on a regular basis. With respect to the supervision of the implementation of the reporting obligations pursuant to Article 11 of this Regulation, the designated market surveillance authorities shall effectively cooperate with ENISA. The market surveillance authorities may request ENISA to provide technical advice on matters related to the implementation and enforcement of this Regulation, including during investigations in accordance with Article 43.
2023/04/28
Committee: IMCO
Amendment 259 #

2022/0272(COD)

Proposal for a regulation
Article 41 – paragraph 7
7. The Commission shall facilitate the regular and structured exchange of experience between designated market surveillance authorities, including via a dedicated administrative cooperation group (ADCO) established under paragraph 11 of this Article.
2023/04/28
Committee: IMCO
Amendment 261 #

2022/0272(COD)

Proposal for a regulation
Article 41 – paragraph 11
11. A dedicated administrative cooperation group (ADCO) shall be established for the uniform application of this Regulation, pursuant to Article 30(2) of Regulation (EU) 2019/1020. This ADCOto facilitate structured cooperation in relation to the implementation of this Regulation and to streamline the practices of market surveillance authorities within the Union, pursuant to Article 30(2) of Regulation (EU) 2019/1020. This ADCO shall have, in particular, the tasks referred to in Article 32(2) of Regulation (EU) 2019/1020 and shall be composed of representatives of the designated market surveillance authorities, ENISA and, if appropriate, representatives of single liaison offices. The ADCO shall meet at regular intervals and, where necessary, at the duly justified request of the Commission or ENISA or a Member State and shall coordinate its action with other existing Union activities related to market surveillance and consumer safety and, where relevant, shall cooperate and exchange information with other Union networks, groups and bodies. The ADCO may invite experts and other third parties, including consumer organisations, to attend its meetings.
2023/04/28
Committee: IMCO
Amendment 288 #

2022/0272(COD)

Proposal for a regulation
Article 49 a (new)
Article 49 a Provision of technical advice 1. The Commission shall appoint by way of an implementing act an expert group to provide technical advice to market surveillance authorities on matters related to the implementation and enforcement of this Regulation. The implementing act shall specify, inter alia, the details related to the composition of the group, its operation and the remuneration of its members. In particular, the expert group shall provide non-binding evaluations of products with digital elements upon request by a market surveillance authority that is conducting an investigation under Article 43 and of the list of critical products with digital elements set out in Annex II, as well as on the possible need to update that list. 2. The expert group shall consist of independent experts appointed for a renewable three-year term by the Commission on the basis of their scientific or technical expertise in the field. 3. The Commission shall appoint a number of experts which is deemed sufficient to fulfil the foreseen needs. 4. The Commission shall take the necessary measures to manage and prevent any conflicts of interest. The Declarations of interests of the members of the expert group shall be made publicly available. 5. The appointed experts shall perform their tasks with the highest level of professionalism, independence, impartiality and objectivity. 6. When adopting positions, views and reports, the expert group shall attempt to reach consensus. If consensus cannot be reached, decisions shall be taken by simple majority of the group members.
2023/04/28
Committee: IMCO
Amendment 294 #

2022/0272(COD)

Proposal for a regulation
Chapter VII a (new)
CHAPTER VIIa MEASURES IN SUPPORT OF INNOVATION: Article 53a Regulatory sandboxes 1. The Commission and ENISA, shall establish a European regulatory sandbox with voluntary participation of manufacturers of products with digital elements to: (a) provide for a controlled environment that facilitates the development, testing and validation of the design, development and production of products with digital elements, before their placement on the market or putting into service pursuant to a specific plan; (b) provide practical support to economic operators, including via guidelines and best practices to comply with the essential requirements set out in Annex I. (c) contribute to evidence-based regulatory learning.
2023/04/28
Committee: IMCO
Amendment 109 #

2022/0269(COD)

Proposal for a regulation
Recital 3
(3) The eradication of forced labour in all its forms, including state imposed forced labour, is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
2023/06/09
Committee: INTAIMCO
Amendment 115 #

2022/0269(COD)

Proposal for a regulation
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the valuesupply chains of undertakings established in the Union.
2023/06/09
Committee: INTAIMCO
Amendment 117 #

2022/0269(COD)

Proposal for a regulation
Recital 6
(6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences couldan be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.
2023/06/09
Committee: INTAIMCO
Amendment 126 #

2022/0269(COD)

Proposal for a regulation
Recital 8
(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations for companies to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment that they caused, contributed to or are directly linked to in the company’s own operations, and its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectorat Directive also strengthens access to remedy for those affected by such impacts. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover.22 ] _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.
2023/06/09
Committee: INTAIMCO
Amendment 136 #

2022/0269(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported. Considering that this is a product based regulation, such prohibition should not apply to services.
2023/06/09
Committee: INTAIMCO
Amendment 143 #

2022/0269(COD)

Proposal for a regulation
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue thorough guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue clear guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. The guidelines should be publicly available at least 18 months before the date of application of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 153 #

2022/0269(COD)

Proposal for a regulation
Recital 19
(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, valuesupply chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.
2023/06/09
Committee: INTAIMCO
Amendment 162 #

2022/0269(COD)

Proposal for a regulation
Recital 21
(21) When identifying potential violations of the prohibition, the competent authorities should follow a risk-based approach and assess all information available to them. Competent authorities should initiate an confidential investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition.
2023/06/09
Committee: INTAIMCO
Amendment 166 #

2022/0269(COD)

Proposal for a regulation
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated. Economic operators, which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence], shall not be disadvantaged for not having conducted due diligence in accordance with that Directive. Questions regarding remediation are covered by [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence].
2023/06/09
Committee: INTAIMCO
Amendment 179 #

2022/0269(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) In order to ensure consistency in the actions and decisions by competent authorities, the Commission should issue clear guidelines for the competent authorities and coordinate their work.
2023/06/09
Committee: INTAIMCO
Amendment 184 #

2022/0269(COD)

Proposal for a regulation
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 189 #

2022/0269(COD)

Proposal for a regulation
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 198 #

2022/0269(COD)

Proposal for a regulation
Recital 26
(26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product, but excluding services, related to the product and whether or not the product is classified as high risk, on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.
2023/06/09
Committee: INTAIMCO
Amendment 209 #

2022/0269(COD)

Proposal for a regulation
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
2023/06/09
Committee: INTAIMCO
Amendment 224 #

2022/0269(COD)

Proposal for a regulation
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
2023/06/09
Committee: INTAIMCO
Amendment 235 #

2022/0269(COD)

Proposal for a regulation
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities, through a designated webportal at Union level, when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission.
2023/06/09
Committee: INTAIMCO
Amendment 244 #

2022/0269(COD)

Proposal for a regulation
Recital 34
(34) Decisions of the competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32 and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
2023/06/09
Committee: INTAIMCO
Amendment 248 #

2022/0269(COD)

Proposal for a regulation
Recital 35
(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and the product suppliers, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established and, where available, their Economic Operators Registration and Identification (EORI) number. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the supply chain. The Commission should issue guidance and support to economic operators, especially SMEs, on how to collect the required information.
2023/06/09
Committee: INTAIMCO
Amendment 253 #

2022/0269(COD)

Proposal for a regulation
Recital 36
(36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition should suspend the release of that product and notify the competent authorities immediately. Competent authorities should reach a conclusion within a clearly specified, reasonable timeframe on the case notified to them by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision. Where necessary the competent authorities should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by competent authorities within the specified time limit, customs authorities should release the products if all other applicable requirements and formalities are fulfilled. Generally, the release for free circulation or export should also not be deemed to be proof of compliance with Union law, since such a release does not necessarily include a complete control of such compliance.
2023/06/09
Committee: INTAIMCO
Amendment 260 #

2022/0269(COD)

Proposal for a regulation
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, and if that is not possible, the product should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.
2023/06/09
Committee: INTAIMCO
Amendment 264 #

2022/0269(COD)

Proposal for a regulation
Recital 39
(39) A uniform enforcement of the prohibition as regards products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. This cooperation should be coordinated by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 279 #

2022/0269(COD)

Proposal for a regulation
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should alsobe coordinated by the Commission and aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
2023/06/09
Committee: INTAIMCO
Amendment 286 #

2022/0269(COD)

Proposal for a regulation
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global valuesupply chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.
2023/06/09
Committee: INTAIMCO
Amendment 290 #

2022/0269(COD)

Proposal for a regulation
Recital 49 a (new)
(49a) The Commission should carry out an ex-post impact assessment of this Regulation, in light of the objective it pursues, no later than 12 months after its application. The assessment should especially focus on whether this Regulation achieved its objective, in particular with regard to reducing the number of products placed on the Union market made with forced labour, improving cooperation between competent authorities and strengthening the controls on products entering the Union market, while taking into account the impact on business, in particular on SMEs. The assessment should, where appropriate, be accompanied by a legislative proposal.
2023/06/09
Committee: INTAIMCO
Amendment 294 #

2022/0269(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour. This Regulation does not cover services.
2023/06/09
Committee: INTAIMCO
Amendment 324 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f
(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or manufactured, including working or processing related to a product at any stage of its supply chain but excluding services;
2023/06/09
Committee: INTAIMCO
Amendment 330 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, including working or processing related to a product at any stage of its supply chain but excluding services;
2023/06/09
Committee: INTAIMCO
Amendment 342 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k
(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or manufactures a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances, but excluding services;
2023/06/09
Committee: INTAIMCO
Amendment 346 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
(ma) ‘end user’ means any natural or legal person in the Union, to whom a product has been made available either as a consumer or as a professional, business to business end user in relation to its industrial or professional activities;
2023/06/09
Committee: INTAIMCO
Amendment 347 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point m b (new)
(mb) 'supply chain' means the activities of a company’s upstream business partners related to the production of goods by the company, including the design, extraction, manufacture and supply of raw materials, products or parts of the products and development of the product;
2023/06/09
Committee: INTAIMCO
Amendment 353 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
2023/06/09
Committee: INTAIMCO
Amendment 382 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, whether they can be considered directly responsible, the quantity of products concerned, as well as the scale of suspected forced labour and whether state- imposed forced labour could be a concern.
2023/06/15
Committee: INTAIMCO
Amendment 391 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment, including on the basis of any of the following:
2023/06/15
Committee: INTAIMCO
Amendment 404 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1540 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
2023/06/15
Committee: INTAIMCO
Amendment 418 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. Economic operators, which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence], shall not be disadvantaged for not having conducted due diligence in accordance with that Directive.
2023/06/15
Committee: INTAIMCO
Amendment 429 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consicluder that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour.
2023/06/15
Committee: INTAIMCO
Amendment 440 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. Competent authorities that initiate an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation, within 3 working days from the date of the decision to initiate such investigation immediately about the following:
2023/06/15
Committee: INTAIMCO
Amendment 457 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likelysuspected risk of forced labour occurs and
2023/06/15
Committee: INTAIMCO
Amendment 468 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. Economic operators shall submit the information within 1540 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.
2023/06/15
Committee: INTAIMCO
Amendment 485 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1). Ongoing investigations shall not be included in the database.
2023/06/15
Committee: INTAIMCO
Amendment 501 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. Such closed investigations shall not appear in the database.
2023/06/15
Committee: INTAIMCO
Amendment 513 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to recycle the products concerned or, when that is not possible, dispose of the respective products in accordance with national law consistent with Union law.
2023/06/15
Committee: INTAIMCO
Amendment 533 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 5 – point c
(c) that any product remaining with the economic operator concerned is recycled, or, where that is not possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.
2023/06/15
Committee: INTAIMCO
Amendment 545 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 6
6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators. The economic operators shall also be removed from the database.
2023/06/15
Committee: INTAIMCO
Amendment 561 #

2022/0269(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer and the product suppliers as well as, where possible, the production site;
2023/06/15
Committee: INTAIMCO
Amendment 577 #

2022/0269(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. Where a competent authority considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products have been placed or made available on the market or are being exported in violation of Article 3, it shall withdraw its decision adopted pursuant to Article 6(4) and the economic operator shall be removed from the database .
2023/06/15
Committee: INTAIMCO
Amendment 593 #

2022/0269(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) any decision to prohibit placing and making available of the products on the market and their export, as well as to order the withdrawal of the products already placed or made available on the market and their recycling or disposal referred to in Article 6(4);
2023/06/09
Committee: INTAIMCO
Amendment 599 #

2022/0269(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated website.
2023/06/09
Committee: INTAIMCO
Amendment 609 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. The Commission shall make available a dedicated, centralised webportal for submissions of information referred to in paragraph 1.
2023/06/09
Committee: INTAIMCO
Amendment 624 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities as well as relevant experience from implementing Union law setting out due diligence requirements with respect to forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 641 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into force of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 650 #

2022/0269(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Member States shall designate one or more competent authorities responsible for carrying out the obligations set out in this Regulation. Designated Member State competent authorities shall be responsible for ensuring the effective and uniform implementation of this Regulation throughout the Union, coordinated by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 669 #

2022/0269(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information withinas soon as possible and at the latest 15 working days from the date of receipt of the request.
2023/06/09
Committee: INTAIMCO
Amendment 680 #

2022/0269(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Customs authorities shall rely on the decisions communicated pursuant to paragraph 3 to identify products that may not comply with the prohibition laid down in Article 3. For that purpose, they shall carry out controls on products entering or leaving the Union market in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls.
2023/06/09
Committee: INTAIMCO
Amendment 711 #

2022/0269(COD)

Proposal for a regulation
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is recycled, or where that is not possible, disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
2023/06/09
Committee: INTAIMCO
Amendment 712 #

2022/0269(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, competent authorities and customs authorities shall cooperate closely and exchange risk-related information coordinated by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 721 #

2022/0269(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point b a (new)
(ba) the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 725 #

2022/0269(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. The Commission shall develop an interconnection to enable the automated communication of decisions referred to in Article 15(3) from the information and communication system referred to in paragraph 1 to the environment referred to in paragraph 4. That interconnection shall start operating no later than two year12 months from the date of the adoption of the implementing act referred to in paragraph 7, point (b), in respect of that interconnection.
2023/06/09
Committee: INTAIMCO
Amendment 727 #

2022/0269(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. The Commission shall interconnect the national single window environments for customs with the information and communication system referred to in paragraph 1 to enable the exchange of requests and notifications between customs and competent authorities pursuant to Articles 17 to 20 of this Regulation. That interconnection shall be provided through [EU CSW-CERTEX pursuant to Regulation XX/20XX]40 within fourtwo years from the date of adoption of the implementing act referred to in paragraph 7(c). The exchanges referred to in paragraph 4 shall take place through that interconnection as soon as it is operational. _________________ 40 Established by the Regulation on the EU Single Window Environment for Customs (EU SWE-C).
2023/06/09
Committee: INTAIMCO
Amendment 730 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:
2023/06/09
Committee: INTAIMCO
Amendment 739 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
(aa) specific guidance for economic operators which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence];
2023/06/09
Committee: INTAIMCO
Amendment 744 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and relevant experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
2023/06/09
Committee: INTAIMCO
Amendment 760 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent. The Network shall be lead by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 767 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities.
2023/06/09
Committee: INTAIMCO
Amendment 785 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and prepare and participate in the meetings of the Network.
2023/06/09
Committee: INTAIMCO
Amendment 801 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriateshall cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
2023/06/09
Committee: INTAIMCO
Amendment 803 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies, especially SMEs, and partner countries efforts and locally available capacities in tackling forced labour. and its root causes.
2023/06/09
Committee: INTAIMCO
Amendment 814 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. The Member StatesCommission shall lay down the rules on penalties applicable to non- compliance with a decision referred to in Article 6(4) and shall take all measures necessary to ensure that they are implemented in a harmonised way in accordance with national law.
2023/06/09
Committee: INTAIMCO
Amendment 820 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 3
3. The Member States shall, by [OP enter DATE = 24 months from entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.deleted
2023/06/09
Committee: INTAIMCO
Amendment 826 #

2022/0269(COD)

Proposal for a regulation
Article 30 a (new)
Article30a Assessment and review The Commission shall carry out an ex- post impact assessment of this Regulation by [12 months after the date of application], taking account of the objectives it pursues. The Commission shall submit a report thereon to the European Parliament and to the Council. The ex-post impact assessment shall evaluate whether this Regulation is achieving its objectives and shall be accompanied, where appropriate, by a legislative proposal.
2023/06/09
Committee: INTAIMCO
Amendment 828 #

2022/0269(COD)

Proposal for a regulation
Article 31 – paragraph 2
This Regulation shall apply from [OP enter DATE = 2430 months from its entry into force].
2023/06/09
Committee: INTAIMCO
Amendment 192 #

2022/0155(COD)

Proposal for a regulation
Recital 17 a (new)
(17 a) Fundamental rights in the digital sphere have to be guaranteed to the same extent as in the offline world. Safety and privacy need 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.
2023/03/09
Committee: IMCO
Amendment 274 #

2022/0155(COD)

Proposal for a regulation
Article 2 a (new)
Article 2 a End-to-End Encryption and Prohibition on General Monitoring 1. End-to-end encryption is essential to guarantee the security, confidentiality of the communications of users, including those of children. Any restrictions of encryption could lead to abuse by malicious actors. Nothing in this Regulation should be interpreted as prohibiting providers of information society services from providing their services applying end-to-end encryption, restricting or undermining such encryption. Member States should not prevent providers of information society services from providing their services applying encryption, considering that such encryption is essential for trust in and security of the digital services, and effectively prevents unauthorised third party access. 2. Nothing in this Regulation should undermine the prohibition of general monitoring under EU law.
2023/03/09
Committee: IMCO
Amendment 280 #

2022/0155(COD)

Proposal for a regulation
The European Parliament rejects the Commission proposal (COM(2022)0209).
2023/07/28
Committee: LIBE
Amendment 287 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
— functionalities enabling age verificationprotection of children and preventing online child sexual abuse;
2023/03/09
Committee: IMCO
Amendment 323 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of interpersonal communications services shall take reasonable mitigation measures, tailored to the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include, but need not to be limited to, some or all of the following:
2023/03/09
Committee: IMCO
Amendment 349 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures.deleted
2023/03/09
Committee: IMCO
Amendment 373 #

2022/0155(COD)

Proposal for a regulation
Article 5 – paragraph 6 a (new)
6 a. Providers of hosting services and providers of interpersonal communications services that qualify as micro (or small) enterprises within the meaning of Article 3 of Directive 2013/34/EU shall transmit a simplified version of the report under paragraph 1 of this Article.
2023/03/09
Committee: IMCO
Amendment 374 #

2022/0155(COD)

Proposal for a regulation
Article 5 a (new)
Article 5 a User notification mechanism 1. Without prejudice to Article 16 of Regulation (EU) 2022/2065, relevant information society service providers shall establish mechanisms or use existing mechanisms to allow any individual or entity to notify them of the presence on their service of potential online child sexual abuse, in particular of new child sexual abuse material and solicitation of children for sexual purposes. Those mechanisms shall be easy to access, user- and child-friendly, and allow for the submission of the notification exclusively by electronic means. Providers shall ensure that sufficient human and financial resources are allocated to ensure that the notifications are effectively processed in a timely manner. 2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of notifications to flag to the provider of a relevant information society service potential online child sexual abuse on the service, allowing that provider to identify alleged online child sexual abuse without a detailed legal examination and containing a clear indication of the exact electronic location of that information, and, where necessary and possible, additional information enabling the identification of the illegal content adapted to the type of content. 3. Where the notification contains an electronic contact information of the individual or entity that submitted it, the provider of the relevant information society services shall, without undue delay, send a confirmation of receipt of the notification and inform that individual or entity of its decision and actions taken in relation to the notification.
2023/03/09
Committee: IMCO
Amendment 375 #

2022/0155(COD)

Proposal for a regulation
Article 6
Obligations for software application 1. Providers of software application stores shall: (a) make reasonable efforts to assess, where possible together with the providers of software applications, whether each service offered through the software applications that they intermediate presents a risk of being used for the purpose of the solicitation of children; (b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children; (c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b). 2. In assessing the risk referred to in paragraph 1, the provider shall take into account all the available information, including the results of the risk assessment conducted or updated pursuant to Article 3. 3. Providers of software application stores shall make publicly available information describing the process and criteria used to assess the risk and describing the measures referred to in paragraph 1. That description shall not include information that may reduce the effectiveness of the assessment of those measures. 4. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2 and 3, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.Article 6 deleted stores
2023/03/09
Committee: IMCO
Amendment 390 #

2022/0155(COD)

Proposal for a regulation
Chapter II – Section 2
[...]deleted
2023/03/09
Committee: IMCO
Amendment 392 #

2022/0155(COD)

Proposal for a regulation
Article 7
[...]deleted
2023/03/09
Committee: IMCO
Amendment 425 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b a (new)
(b a) The voluntary measures applied as mitigating measures have not proven successful in preventing the misuse of the service for child sexual abuse.
2023/03/09
Committee: IMCO
Amendment 458 #
2023/03/09
Committee: IMCO
Amendment 467 #

2022/0155(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point c
(c) the name of the provider and, where applicable, its legal representative, without prejudice to the issuance of detection orders where the legal name of the provider is not readily ascertained;
2023/03/09
Committee: IMCO
Amendment 485 #

2022/0155(COD)

Proposal for a regulation
Article 9
[...]deleted
2023/03/09
Committee: IMCO
Amendment 496 #

2022/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
This Regulation lays down uniform rules to address the misuse of relevant information society services for online child sexual abuse in the internal market. by persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.
2023/07/28
Committee: LIBE
Amendment 503 #

2022/0155(COD)

Proposal for a regulation
Article 10
[...]deleted
2023/03/09
Committee: IMCO
Amendment 515 #

2022/0155(COD)

Proposal for a regulation
Article 10 – paragraph 4 – point a
(a) take all the necessary and proportionate measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly limited to what is necessary to execute the detection orders addressed to them;
2023/03/09
Committee: IMCO
Amendment 530 #

2022/0155(COD)

Proposal for a regulation
Article 11
Guidelines regarding detection The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used.Article 11 deleted obligations
2023/03/09
Committee: IMCO
Amendment 535 #

2022/0155(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
1 a. Where a provider of hosting services or a provider of interpersonal communications services receives a report by the public through, among others, trusted hotline, it shall process and analyse the report in a timely and effective manner as to assess an imminent risk of miuse of the service for child child sexual abuse, without prejudice to the obligation to report to the EU centre pursuant paragraph 1.
2023/03/09
Committee: IMCO
Amendment 539 #

2022/0155(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2 a. The report submitted by the provider pursuant paragrah 2, shall never contain information about the source of the report, especially when this stems from the person to whom the material relates.
2023/03/09
Committee: IMCO
Amendment 553 #

2022/0155(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse materialRemoval orders shall be issued by judicial authorities in line with Article 9 on Orders to act against illegal content of the Regulation (EU) 2022/2065.
2023/03/09
Committee: IMCO
Amendment 556 #

2022/0155(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof.deleted
2023/03/09
Committee: IMCO
Amendment 594 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
(qa) “person suspected of being involved in child sexual abuse” means an identified individual person about whom verifiable adequate evidence exists, which gives rise to the suspicion that that person has committed a child sexual abuse offence, attempted to commit a child sexual abuse offence, or prepared by committing a criminal offence to commit a child sexual abuse offence;
2023/07/28
Committee: LIBE
Amendment 596 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
(qb) 'person disqualified from exercising activities involving children' means an identified individual person, who, in line with Article 10 of Directive 2011/93/EU, is temporarily or permanenently disqualified from exercising activities involving direct and regular contacts with children;
2023/07/28
Committee: LIBE
Amendment 670 #

2022/0155(COD)

Proposal for a regulation
Article 85 – paragraph 1
1. By [five years after the entry into force of this Regulation], and every five years thereafter, the Commission shall evaluate this Regulation and submit a report on its application to the European Parliament and the Council. This report shall address in particular the possible use of new technologies for a safe and trusted processing of personal and other data and for the purpose of combating online child sexual abuse and in particular to detect, report and remove online child sexual abuse. The report shall be accompanied, where appropriate, by a legislative proposal.
2023/03/09
Committee: IMCO
Amendment 807 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take threasonable and proportionate mitigation measures.
2023/07/28
Committee: LIBE
Amendment 861 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) take reasonable measures to prevent child users from accessinginform the software application provider concerned and the EU Centre about the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children;
2023/07/28
Committee: LIBE
Amendment 868 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b).deleted
2023/07/28
Committee: LIBE
Amendment 870 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
1a. Providers of software applications who have been informed that in relation to their software applications a significant risk of use of the service concerned for the purpose of the solicitation of children has been identified, shall take reasonable and proportionate mitigation measures.
2023/07/28
Committee: LIBE
Amendment 890 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service in the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.
2023/07/28
Committee: LIBE
Amendment 1128 #

2022/0155(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Providers of hosting services and providers of interpersonal communication services that have received a detection order concerning the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46.
2023/07/28
Committee: LIBE
Amendment 1266 #

2022/0155(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1)courts identified as constituting child sexual abuse material.
2023/07/28
Committee: LIBE
Amendment 1294 #
2023/07/28
Committee: LIBE
Amendment 1332 #

2022/0155(COD)

Proposal for a regulation
Article 19 a (new)
Article19a Respect to Privacy Nothing in this Regulation shall be interpreted as a requirement to 1. break cryptography; 2. scan content on users’ devices; 3. restrict anonymous access to online services and software applications.
2023/07/28
Committee: LIBE
Amendment 1698 #

2022/0155(COD)

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1) concerning the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.
2023/07/28
Committee: LIBE
Amendment 1701 #

2022/0155(COD)

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
To that aim, the EU Centre shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2) and Article 19a (new).
2023/07/28
Committee: LIBE
Amendment 38 #

2022/0147(COD)

Proposal for a directive
Recital 4
(4) Ensuring the same high level of consumer protection across the internal market is best achieved through full harmonisation. Full harmonisation is necessary in order to ensure that all consumers in the Union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. Member States should therefore not be allowed to maintain or introduce national provisions other than those laid down in this Directive, with respect to aspects covered by the Directive, unless otherwise provided in this Directive. Where no such harmonised provisions exist, Member States should remain free to maintain or introduce national legislatmore stringent provisions.
2023/01/18
Committee: IMCO
Amendment 42 #

2022/0147(COD)

Proposal for a directive
Recital 7
(7) In order to address the fact that the progressive introduction of Union sector specific legislation has led to significant overlaps of that legislation with Directive 2002/65/EC and that digitalisation exacerbated some aspects that are not fully addressed by the Directive, including how and when information should be provided to the consumer, it is necessary to revise the rules applicable to financial services contracts concluded between a consumer and a trader at a distance, while at the same time ensuring the application of the ‘safety net’ feature for financial services which are not covered by Union sector specific legislation including financial services excluded from the scope of Union acts governing specific financial services.
2023/01/18
Committee: IMCO
Amendment 56 #

2022/0147(COD)

Proposal for a directive
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services unless provided otherwise in those acts. Sectoral regulations prevail over the rules of this Directive. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract. _________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
2023/01/18
Committee: IMCO
Amendment 62 #

2022/0147(COD)

Proposal for a directive
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least one dayin good time prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a day before the conclusion of the distance contract for financial service. In case the contract is concluded less than one day before, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service at least one day after and up to seven days after the contract is concluded.
2023/01/18
Committee: IMCO
Amendment 73 #

2022/0147(COD)

Proposal for a directive
Recital 25
(25) For distance contracts concluded by electronic means, the trader should provide the consumer with the possibility to use a withdrawal button.Where the trader offers the possibility of concluding distance contracts by means of an online interface, he should also provide the consumer with the possibility to use a withdrawal button that allows consumers to withdraw from contract in a simple and rapid manner. This should ensure that consumers can withdraw from a contract just as easily as they can conclude it. To achieve this, the trader should provide a button on the online interface on which the contract is concluded that indicates the possibility of withdrawal. The consumer should be allowed to make the withdrawal statement and to provide certain information to identify the contract. The withdrawal statement shall be submitted by using a confirmation button In order forto ensure the effective use of the withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use. This obligation should be laid down not only to distance contracts for financial services, but also distance contract for goods and services to enhance the possibilities for consumers to get out of contracts by means of withdrawal.
2023/01/18
Committee: IMCO
Amendment 78 #

2022/0147(COD)

Proposal for a directive
Recital 26
(26) Consumers may need assistance in order to decide which financial service is the most appropriate for his or her needs and financial situation. Therefore, Member States should ensure that before the conclusion of a financial service contract at a distance, traders provide such assistance in relation to the financial services which they offer to the consumer, by providing adequate explanations about the relevant information, including the essential characteristics of the products proposed. The obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. In order to ensure that the consumer understands the effects that the contract may have on his or her economic situation, the consumer should always be able to obtain human intervention on behalf of the trader in cases where the trader uses online tools to provide explanations. To avoid administrative burden for the trader, the human intervention can be limited to the opening hours of the trader. Adequate explanations, if not already provided with the pre-contractual information, could be provided in a written or oral form.
2023/01/18
Committee: IMCO
Amendment 92 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1
‘Articles 1 and 2, Article 3(2), (5) and (6), Article 4, Article 11a, Articles 16a to 16ef, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (4) and Articles 25, 26 and 267 shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services.
2023/01/18
Committee: IMCO
Amendment 95 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1a (new)
Directive 2011/83/EU
Article 6 – paragraph 1 – point h
(1a) In Article 6(1), point (h) is replaced by the following: "(h) where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right in accordance with Article 11(1), as well as the model withdrawal form set out in Annex I(B);, and, where applicable, information about the existence and placement of the withdrawal button or a similar function referred to in Article 11a;"
2023/01/18
Committee: IMCO
Amendment 97 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Directive 2011/83/EU
Article 11a (new)
(1 b) The following Article 11a is inserted: Article 11a Exercise of the right of withdrawal from distance contracts concluded by the means of an online interface 1. For distance contracts concluded by the means of an online interface, the trader shall ensure that the consumer can withdraw from the contract on that same online interface by using a button or a similar function. The button or a similar function shall be labelled in a legible manner and shall contain the words “withdraw from contract here” or a corresponding unambiguous formulation. The withdrawal button or a similar function shall be placed on the online interface in a prominent manner and be easily accessible to the consumer. 2. Using the button or a similar function shall allow the consumer to make the withdrawal statement by providing the following information: (a) name of the consumer; (b) identification of the contract; (c) details of the electronic means by which the confirmation of the withdrawal shall be sent to the consumer. 3. The withdrawal statement shall be submitted by using a confirmation button or a similar function. The confirmation button or a similar function shall be labelled in a legible manner with the words “withdraw now” or a corresponding unambiguous formulation. 4. Once the consumer uses the confirmation button or a similar function, the consumer shall then automatically receive a confirmation that the withdrawal statement has been submitted, including the date and time of the submission. 5. The trader shall confirm to the consumer without undue delay the content of the withdrawal statement, including the date and time of its receipt, on a durable medium.
2023/01/18
Committee: IMCO
Amendment 101 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Chapter IIIa – title
RULES CONCERNING FINANCIAL SERVICES CONTRACTS CONCLUDED AT A DISTANDISTANCE CONTRACTS FOR FINANCIAL SERVICES
2023/01/18
Committee: IMCO
Amendment 108 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number andor email address; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting;
2023/01/18
Committee: IMCO
Amendment 115 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point o
(o) where applicable, information onabout any environmental or social objectives targeted by the financial service;
2023/01/18
Committee: IMCO
Amendment 124 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1
In the case of telephone communications or another technique of distance communication, the identity of the trader and the commercial purpose of the calldistance communication initiated by the trader shall be made explicitly clear at the beginning of any conversation with the consumer.
2023/01/18
Committee: IMCO
Amendment 129 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 2
Where the consumer explicitly agrees to continue the telephone communications, by way of derogation from paragraph 1,By way of derogation from paragraph 1, if the consumer explicitly agrees, the trader may provide only the information referred to in points (a), (f), (g), (j) and (p) of that paragraph needs to be provided.
2023/01/18
Committee: IMCO
Amendment 134 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 3
TIn that case, the trader shall inform the consumer of the nature and the availability of the other information referred to in paragraph 1 and shall provide thate remaining information when fulfilling obligations under paragraph 3referred to in paragraph 1 and all the contractual terms and conditions immediately after the conclusion of the distance contract.
2023/01/18
Committee: IMCO
Amendment 140 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3 – subparagraph 1
The trader shall provide the information referred to in paragraph 1 at least one dayin good time before the consumer is bound by any distance contract.
2023/01/18
Committee: IMCO
Amendment 144 #

2022/0147(COD)

When the information referred to in paragraph 1 is provided less than one day before the consumer is bound by the distance contract, Member States shall require that the trader sends a reminder, on a durable medium, to the consumer of the possibility to withdraw from the distance contract and of the procedure to follow for withdrawing, in accordance with Article 16b. That reminder shall be provided to the consumer, at the latest, onebetween one and seven days after the conclusion of the distance contract.
2023/01/18
Committee: IMCO
Amendment 156 #

2022/0147(COD)

(b a) in case the trader substantially fails to provide the consumer with the necessary information or the contractual terms and conditions, the withdrawal period shall expire 14 days plus 12 months from the day of the conclusion of the distance contract.
2023/01/18
Committee: IMCO
Amendment 166 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 8
— crypto-assets as defined in [Article 3(1)(2) of Commission Proposal for a Regulation of the European Parliament and of the Council on Markets in Crypto- assets, and amending Directive (EU) 2019/193 24.9.2020 COM(2020) 593 final].deleted
2023/01/18
Committee: IMCO
Amendment 175 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5
5. Member States shall ensure that, for distance contracts concluded by electronic means, the trader provides a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from Contract’ or a corresponding unambiguous formulation. The withdrawal button shall be placed in a prominent manner and permanently available during the entire withdrawal period on the same electronic interface as the one used to conclude the distance contract. In addition, the trader may also provide the withdrawal button through another channel. The trader shall ensure that the activation of the withdrawal button results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium.deleted
2023/01/18
Committee: IMCO
Amendment 195 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Without prejudice to Directive 2005/29/EC of the European Parliament and of the Council24 and Council Directive 93/13/EEC25 , Member States shall adopt measures requiring that traders, when concluding financial services contracts at a distance, do not use the structure, design, function or manner of operation of their online interface in a way that could distort or impair consumers’ ability to make a free, autonomous and informed decision or choice. Measures shall inter alia include the obligation for traders to present the different options to consumers in an equivalent and non-preferential way. _________________ 24 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). 25 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
2023/01/18
Committee: IMCO
Amendment 180 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product that has not been sold or unused consumer product that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
2022/12/06
Committee: IMCO
Amendment 192 #

2022/0095(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 59
(59) ‘product presenting a serious risk’ means a product presenting a risk for which, based on an assessment, the degree of the relevant non-compliance or the associated harm is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the non-compliance are not immediate.as identified by the Regulation ON GENERAL PRODUCT SAFETY
2022/12/06
Committee: IMCO
Amendment 209 #

2022/0095(COD)

Proposal for a regulation
Article 4 – paragraph 2
When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, the Commission shall also supplement this Regulation by specifying the applicable conformity assessment procedures from among the modules set out in Annex IV to this Regulation and Annex II to Decision No 768/2008/EC, with the adaptations necessary in view of the product or ecodesign requirements concerned, in accordance with Article 36. The economic operators shall be provided with sufficient time to prepare for the implementation of new requirements.
2022/12/06
Committee: IMCO
Amendment 241 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1, to ensure harmonisation and assure the avoidance of double regulation or overregulation;
2022/12/06
Committee: IMCO
Amendment 253 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 5 – point a
(a) there shall be no significant negative impact on the functionality or safety of the product, from the perspective of the user;
2022/12/06
Committee: IMCO
Amendment 302 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c
(c) (d new) improve traceability of products along the value chain. without compromising data security of economical actors. To protect confidential business information and comply with requirement (b) of paragraph 3, actors in the value chains should make a specific request to the manufacturer when the information cannot be shared publicly, and the information needs to be shared in a secure way.
2022/12/06
Committee: IMCO
Amendment 306 #

2022/0095(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
(c a) (a new) be justified to significantly improve the environmental sustainability of products and to ensure free movement in the internal market;
2022/12/06
Committee: IMCO
Amendment 322 #

2022/0095(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
(f a) (g new) where relevant, it shall rely on existing databases, including Substances of Concern In articles as such or in complex objects (Products) and the European Product Registry for Energy Labelling and established industry solutions.
2022/12/06
Committee: IMCO
Amendment 333 #

2022/0095(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
The Commission shall set up and maintain a registry storing information included in the product passports required by delegated acts adopted pursuant toa list of the data carriers and unique product identifiers referred to in Article 49(1).
2022/12/06
Committee: IMCO
Amendment 334 #

2022/0095(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
The registry referred to in the first subparagraph shall at least include a list of the data carriers and unique product identifiers referred to in Article 9(1).deleted
2022/12/06
Committee: IMCO
Amendment 335 #

2022/0095(COD)

Proposal for a regulation
Article 12 – paragraph 2 – introductory part
2. The Commission shall, in the delegated acts adopted pursuant to Article 4, specify the information which, in addition to being included in the product passport, shallInformation required to be stored in the registry referred to in paragraph 1, taking into account at leastshall be justified for the following criteriareasons:
2022/12/06
Committee: IMCO
Amendment 346 #

2022/0095(COD)

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
(a) health and safety concerns, including of counterfeit goods;
2022/12/06
Committee: IMCO
Amendment 359 #

2022/0095(COD)

Proposal for a regulation
Article 21 – paragraph 7
7. Manufacturers shall ensure that that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions in the digital format that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii).
2022/12/06
Committee: IMCO
Amendment 361 #

2022/0095(COD)

Proposal for a regulation
Article 21 – paragraph 7 a (new)
7 a. When providing the instructions, referred to in paragraph 7, the manufacturer shall: a) present them in a format that makes it possible to download them and save on an electronic device so that he or she can access them at all times. b) make them accessible online for at least 10 years after placing the product on the market .
2022/12/06
Committee: IMCO
Amendment 370 #

2022/0095(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. Importers shall ensure that the product is accompanied by instructions in the digital format that enable the consumer to assemble, install, operate, store, maintain, repair and dispose of the product, in a language that can be easily understood by consumers and other end users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and shall include at least the information specified in the delegated acts adopted pursuant to Article 4. The obligations set in Article 21(7a) and (7b) shall apply mutatis mutandis.
2022/12/06
Committee: IMCO
Amendment 377 #

2022/0095(COD)

Proposal for a regulation
Article 24 – paragraph 2 – point b
(b) the product is accompanied by the required documents and by instructions in the digital format, to enable the consumer to assemble, install, operate, store, maintain, and dispose of the product, in a language that can be easily understood by consumers and other end- users, as determined by the Member State in which the product is to be made available on the market, and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b), point (ii), as laid down in the delegated act adopted pursuant to Article 4; The obligations set in Article 21(7a) and (7b) shall apply mutatis mutandis.
2022/12/06
Committee: IMCO
Amendment 427 #

2022/0095(COD)

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part
When requiring, upon a reasoned request from a national authority, manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:
2022/12/06
Committee: IMCO
Amendment 435 #

2022/0095(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and calculations shall be made using actionable, reliable, accurate and, reproducible and standardised methods that take into account the generally recognised state-of- the art methods. Such methods shall fulfil the test, measurement and calculation requirements set out in the relevant delegated acts adopted pursuant to Article 4.
2022/12/06
Committee: IMCO
Amendment 443 #

2022/0095(COD)

Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, where there is agreement with the standardization organisations that is appropriate, adopt implementing acts laying down common specifications for ecodesign requirements, the essential requirements for product passports referred to in Article10 or for test, measurement or calculation methods referred to in Article 32, in the following situations:
2022/12/06
Committee: IMCO
Amendment 42 #

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.
2022/11/10
Committee: IMCO
Amendment 49 #

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, and manufacturing, or at the level of product or waste disposal. In order for the due diligence to have a meaningfuln effective impact, it should cover human rights and environmental adverse impacts generated throughout the life-cyclestages of production and use and disposal of product or provision of services, at the level of own operations, subsidiaries and in valuesupply chains.
2022/11/10
Committee: IMCO
Amendment 53 #

2022/0051(COD)

Proposal for a directive
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). For the proper classification of the areas covered by the high-impact sectors listed above, the Commission should present a list of NACE codes for those stages of production or parts of sectors, where there is significant risks of adverse impacts on human rights and the environment. The list, which is to be developed with duly notice to the input from the sectors concerned, should be presented in a delegated act no later than one year after entry into force of this Directive, together with clear guidelines including for specific sectors and specific company sizes. As regards the financial sector, due to its specificities, in particular as regards the value chain and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liability.
2022/11/15
Committee: EMPL
Amendment 54 #

2022/0051(COD)

Proposal for a directive
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass 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 landfilling.
2022/11/10
Committee: IMCO
Amendment 57 #

2022/0051(COD)

Proposal for a directive
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, “valuesupply chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services, and the subsidiaries thereof whose activities are linked to the contract in question on the supply side. Clients that are households and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings, should not be considered to be part of the valuesupply chain. The activities of the companies or other legal entities that are included in the valuesupply chain of that client should not be covered.
2022/11/10
Committee: IMCO
Amendment 63 #

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 company.
2022/11/10
Committee: IMCO
Amendment 75 #

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.
2022/11/10
Committee: IMCO
Amendment 79 #

2022/0051(COD)

Proposal for a directive
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerindications regarding actual or potential human rights and environmental adverse impacts. Such complaints should be factually justified and reasonably documented. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to, for example in written form or through meetings with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
2022/11/15
Committee: EMPL
Amendment 80 #

2022/0051(COD)

Proposal for a directive
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their valuesupply chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts, establish and maintain a complaints procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
2022/11/10
Committee: IMCO
Amendment 86 #

2022/0051(COD)

Proposal for a directive
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in valuesupply chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
2022/11/10
Committee: IMCO
Amendment 96 #

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.
2022/11/10
Committee: IMCO
Amendment 101 #

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.
2022/11/10
Committee: IMCO
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 106 #

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 which, despite being exempt, decide to comply with the obligations under this Directive, and 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.
2022/11/10
Committee: IMCO
Amendment 113 #

2022/0051(COD)

(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.
2022/11/10
Committee: IMCO
Amendment 115 #

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 outside of the EU and by entities with whom the company has an established direct business relationship and
2022/11/18
Committee: INTA
Amendment 119 #

2022/0051(COD)

Proposal for a directive
Recital 13
(13) The European Parliament, in its resolution of 10 March 2021 calls upon the Commission to propose Union rules for a comprehensive corporate due diligence obligation100 . The Council Conclusions on Human Rights and Decent Work in Global Supply Chains of 1 December 2020 called upon the Commission to table a proposal for a Union legal framework on sustainable corporate governance, including cross- sector corporate due diligence obligations along global supply chains.101 The European Parliament also calls for clarifying directors` duties in its own initiative report adopted on 2 December 2020 on sustainable corporate governance. In their Joint Declaration on EU Legislative Priorities for 2022102 , the European Parliament, the Council of the European Union and the Commission have committed, to deliver on an economy that works for people, and to improve the regulatory framework on sustainable corporate governance. __________________ 100 European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL)), P9_TA(2021)0073, available at https://oeil.secure.europarl.europa.eu/oeil /popups/ficheprocedure.do?lang=en&refe rence=2020/2129(INL). 101 Council Conclusions on Human Rights and Decent Work in Global Supply Chains, 1 December 2020 (13512/20). 102 Joint declaration of the European Parliament, the Council of the European Union and the European Commission on EU Legislative Priorities for 2022, available at https://ec.europa.eu/info/sites/default/files /joint_declaration_2022.pdf.deleted
2022/10/27
Committee: ECON
Amendment 121 #

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 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
2022/11/10
Committee: IMCO
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 126 #

2022/0051(COD)

Proposal for a directive
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
2022/10/27
Committee: ECON
Amendment 127 #

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, which are exempt from the obligations in this Directive, the Commission should provide guidance on model contractual clauses.
2022/11/10
Committee: IMCO
Amendment 128 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
The nature of direct business relationships as ‘established’ shall be reassessed periodically, and at least every 12 months.
2022/11/18
Committee: INTA
Amendment 129 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2 a. Member States shall not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, unless otherwise provided for in the Directive.
2022/11/18
Committee: INTA
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 134 #

2022/0051(COD)

Proposal for a directive
Recital 48
(48) In order to complement Member State support to SMEs, which, despite being exempt, decide to comply with the obligations under this Directive, the Commission mayshould 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 a helpdesk for SMEs, an observatory for valuesupply chain transparency and the facilitation of joint stakeholder initiatives.
2022/11/10
Committee: IMCO
Amendment 137 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point a
(a) the company had more than 500 employees on average and had a net worldwide turnoverturnover within the Union of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;
2022/11/18
Committee: INTA
Amendment 141 #

2022/0051(COD)

Proposal for a directive
Recital 19
(19) As regards regulated financial undertakings providing loan,financing (loans and other forms of credit), or other financial services, “valueinsurance or reinsurance, “supply chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services,financing (loans and other forms of credits) and of their subsidiaries thereof whose activities are linkmentioned toin the contract in question. Clients that are households and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings, an alternative investment fund (AIF) managed by an AIFM as defined in Article 4(1), point (b), of Directive 2011/61/EU or an AIF supervised under the applicable national law and UCITS in the meaning of Article 1(2) of Directive 2009/65/EC should not be considered to be part of the valuesupply chain. The activities of the companies or other legal entities that are included in the valuesupply chain of that client should not be covered.
2022/10/27
Committee: ECON
Amendment 144 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
(b a) For the proper classification of the areas covered by the high-impact sectors listed in paragraph (b), the Commission shall develop a delegated act, in accordance with Article 28 of this Directive. The delegated act shall list NACE codes for those stages of production or parts of sectors within the high-impact sectors, where there is significant risks of adverse impacts on human rights or the environment. In the process of developing the delegated act, the Commission shall take duly notice of the input provided by the sectors concerned. The delegated act shall be presented by the Commission within one year of the entry into force of this Directive.
2022/11/15
Committee: EMPL
Amendment 145 #

2022/0051(COD)

Proposal for a directive
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
2022/11/10
Committee: IMCO
Amendment 146 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million within the Union in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:
2022/11/18
Committee: INTA
Amendment 147 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
(b b) The obligations listed in this Directive shall not apply to companies where the number of employees and net turnover is lower than the threshold referred to in paragraph b). The potential future inclusion of those companies shall be assessed by the Commission, in accordance with Article 29 a) of this Directive.
2022/11/15
Committee: EMPL
Amendment 150 #

2022/0051(COD)

Proposal for a directive
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
2022/11/10
Committee: IMCO
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 156 #

2022/0051(COD)

Proposal for a directive
Recital 21
(21) Under this Directive, EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year and at least EUR 20 million hereof was generated in the Union should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year whereof at least EUR 10 million hereof was generated in the Union and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. __________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
2022/10/27
Committee: ECON
Amendment 159 #

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.
2022/11/10
Committee: IMCO
Amendment 160 #

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 value 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.
2022/11/10
Committee: IMCO
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 166 #

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
2022/11/10
Committee: IMCO
Amendment 170 #

2022/0051(COD)

Proposal for a directive
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their valuesupply chains, companies covered by this Directive should integrateembed the company's commitment to due diligence into corporate policies and management systems, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts, establish and maintain a complaints procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
2022/10/27
Committee: ECON
Amendment 173 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 12 months.
2022/11/10
Committee: IMCO
Amendment 176 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2a. Member States shall not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, unless otherwise provided for in the Directive.
2022/11/10
Committee: IMCO
Amendment 177 #

2022/0051(COD)

Proposal for a directive
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in valuesupply chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 monthson an ongoing basis, taking a risk-based approach, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial servicesfinancing (loans and other forms of credit) should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
2022/10/27
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 186 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could be directly affected by the products, services and operations of that company, its subsidiaries and its business relationships;
2022/11/15
Committee: EMPL
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 191 #

2022/0051(COD)

Proposal for a directive
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the indirect business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.deleted
2022/10/27
Committee: ECON
Amendment 195 #

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 value 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 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 204 #

2022/0051(COD)

Proposal for a directive
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
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 210 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
2022/11/18
Committee: INTA
Amendment 212 #

2022/0051(COD)

Proposal for a directive
Recital 40
(40) In order to reflect the full range of options for the company in cases where actual impacts could not be addressed by the described measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the indirect business partner, with a view to achieving compliance with the company’s code of conduct or a corrective action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.deleted
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 216 #

2022/0051(COD)

Proposal for a directive
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerindications regarding actual or potential human rights and environmental adverse impacts. The complaints must be factually justified and reasonably documented. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned and civil society organisations active in the areas related to the valuesupply chain concerned where they have knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
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 223 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and assessing the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentialdirectly affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
2022/11/15
Committee: EMPL
Amendment 224 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
2022/11/10
Committee: IMCO
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 229 #

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 valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
2022/11/10
Committee: IMCO
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 234 #

2022/0051(COD)

Proposal for a directive
Recital 50
(50) In order to ensure that this Directive effectively contributes to combating climate change, companies should adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. In case climate is or should have been identified as a principal risk for or a principal impact of the company’s operations, the company should include emissions reduction objectives in its plan.deleted
2022/10/27
Committee: ECON
Amendment 234 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific direct business relationship and the company’s influence thereof, and the need to ensure prioritisation of action.
2022/11/18
Committee: INTA
Amendment 237 #

2022/0051(COD)

Proposal for a directive
Recital 51
(51) With a view to ensure that such emission reduction plan is properly implemented and embedded in the financial incentives of directors, the plan should be duly taken into account when setting directors’ variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.deleted
2022/10/27
Committee: ECON
Amendment 237 #

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;
2022/11/10
Committee: IMCO
Amendment 240 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point k
(k) ‘authorised representative’ means a natural or legal person resident or established in the Union who has a written mandate from a company within the meaning of point (a)(ii) to act on its behalf in relation to compliance with that company’s obligations pursuant to this Directive;
2022/11/10
Committee: IMCO
Amendment 247 #

2022/0051(COD)

Proposal for a directive
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its value chains.deleted
2022/10/27
Committee: ECON
Amendment 255 #

2022/0051(COD)

Proposal for a directive
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
2022/10/27
Committee: ECON
Amendment 256 #

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) other persons who perform functions similar to those performed under point (i) or (ii);deleted
2022/11/10
Committee: IMCO
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 260 #

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
2022/11/10
Committee: IMCO
Amendment 266 #

2022/0051(COD)

Proposal for a directive
Recital 63
(63) In all Member States’ national laws, directors owe a duty of care to the company. In order to ensure that this general duty is understood and applied in a manner which is coherent and consistent with the due diligence obligations introduced by this Directive and that directors systematically take into account sustainability matters in their decisions, this Directive should clarify, in a harmonised manner, the general duty of care of directors to act in the best interest of the company, by laying down that directors take into account the sustainability matters as referred to in Directive 2013/34/EU, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term horizons. Such clarification does not require changing existing national corporate structures.deleted
2022/10/27
Committee: ECON
Amendment 270 #

2022/0051(COD)

Proposal for a directive
Recital 64
(64) Responsibility for due diligence should be assigned to the company’s directors, in line with the international due diligence frameworks. Directors should therefore be responsible for putting in place and overseeing the due diligence actions as laid down in this Directive and for adopting the company’s due diligence policy, taking into account the input of stakeholders and civil society organisations and integrating due diligence into corporate management systems. Directors should also adapt the corporate strategy to actual and potential impacts identified and any due diligence measures taken.deleted
2022/10/27
Committee: ECON
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 279 #

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 concerindications 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 chains. The complaint shall be factually justified and reasonably documented.
2022/11/15
Committee: EMPL
Amendment 288 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for, as a last resort, the availability of an option to terminate the business relationship in contracts governed by their laws.
2022/11/18
Committee: INTA
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 294 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable grounds to believe that they mightwill be affected by an adverse impact,
2022/11/15
Committee: EMPL
Amendment 296 #

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 outside of the Union. The complaint must be factually justified and reasonably documented.
2022/11/18
Committee: INTA
Amendment 303 #

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;
2022/11/11
Committee: DEVE
Amendment 303 #

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.
2022/11/10
Committee: IMCO
Amendment 307 #

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.
2022/11/10
Committee: IMCO
Amendment 307 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants are entitled to request appropriate follow-up on the complaint from the company with which they have filed a complaint pursuant to paragraph 1, for example in written form or through meetings with the company’s representatives at an appropriate level.
2022/11/15
Committee: EMPL
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 311 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point a
(a) to request appropriate follow-up on the complaint from the company with which they have filed a complaint pursuant to paragraph 1, andeleted
2022/11/15
Committee: EMPL
Amendment 313 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable and justifiable grounds to believe that they mightwill be affected by an adverse impact,
2022/11/18
Committee: INTA
Amendment 314 #

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
2022/11/11
Committee: DEVE
Amendment 314 #

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.
2022/11/10
Committee: IMCO
Amendment 314 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point b
(b) to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint.deleted
2022/11/15
Committee: EMPL
Amendment 315 #

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
2022/11/11
Committee: DEVE
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 319 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point b
(b) trade unions and, other workers’ representatives or civil society organisations representing individuals working in the valueor affected by the supply chain concerned,
2022/11/18
Committee: INTA
Amendment 320 #

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..
2022/11/10
Committee: IMCO
Amendment 323 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point a
(a) generated a net worldwide turnover of more than EUR 150 million in the Union in the financial year preceding the last financial year and at least 20 million hereof was generated in the Union;
2022/10/27
Committee: ECON
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 324 #

2022/0051(COD)

(c) civil society organisations active in the areas related to the value chain concerndeleted.
2022/11/18
Committee: INTA
Amendment 327 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point b
(b) generated a net worldwide turnover of more than EUR 40 million but not more thanwhereof at least EUR 150 million hereof was generated in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).
2022/10/27
Committee: ECON
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 334 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission shall issue guidelines, in consultation with Member States and stakeholder, industry representatives, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issu. The guidelines, including for specific sectors or specific adverse impacts should include guidance for specific sectors as defined by NACE codes, in accordance with Article 2 and 28, taking into account already existing sectoral schemes for due diligence.
2022/11/15
Committee: EMPL
Amendment 339 #

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;
2022/11/10
Committee: IMCO
Amendment 342 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 4
— an undertaking for collective investment in transferable securities (UCITS) management company as defined Article 2(1), point (b), of Directive 2009/65/EC of the European Parliament and of the Council116 ; __________________ 116 Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32).deleted
2022/10/27
Committee: ECON
Amendment 344 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME which, despite being exempt, decides to comply with the obligations under this Directive, and with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
2022/11/10
Committee: IMCO
Amendment 344 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, mayshall issue specific and timely guidelines, including for specific sectors or specific adverse impacts. In particular, those guidelines shall facilitate the compliance of all companies with the obligations laid down in this Directive, taking into account the need to simplify the administrative burden for smaller companies, to ensure a level playing field within the Union and to ensure a consistent implementation of this Directive.
2022/11/18
Committee: INTA
Amendment 345 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 9
— an alternative investment fund (AIF) managed by an AIFM as defined in Article 4(1), point (b), of Directive 2011/61/EU or an AIF supervised under the applicable national law;deleted
2022/10/27
Committee: ECON
Amendment 352 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
(a a) “investee company” means a company in which an institutional investor or asset manager invests which cannot be considered as a controlled undertaking.
2022/10/27
Committee: ECON
Amendment 353 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
(a a) “institutional investor” means an entity as defined by Article 2(e)i of Directive 2007/36/EC [SRD2], within the scope of Article 2 of this Directive;
2022/10/27
Committee: ECON
Amendment 356 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a b (new)
(a b) “asset manager” means an entity as defined by Article 2(e)i of Directive 2007/36/EC, within the scope of Article 2 of this Directive;
2022/10/27
Committee: ECON
Amendment 357 #

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.
2022/11/11
Committee: DEVE
Amendment 359 #

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.
2022/11/11
Committee: DEVE
Amendment 364 #

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:
2022/11/10
Committee: IMCO
Amendment 365 #

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.
2022/11/11
Committee: DEVE
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 370 #

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..
2022/11/11
Committee: DEVE
Amendment 372 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – point i
(i) with whom the company has a commercial agreement or to whom the company provides financing (loans and other forms of credits), insurance or reinsurance, or
2022/10/27
Committee: ECON
Amendment 382 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply 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 397 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means the 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 relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial servifinancing (loans and other forms of credit), insurance or reinsurances, and of otheir companies belonging to the same groupsubsidiaries whose activities are linkmentioned toin the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, finIt shall not be considered part of the supply chain of companies within the meancing, insurance or reinsurance of such entities; of point (a) (iv) the following:
2022/10/27
Committee: ECON
Amendment 398 #

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.
2022/11/10
Committee: IMCO
Amendment 403 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g – point i (new)
i) clients that are households and natural persons not acting in a professional or business capacity, as well as small and medium-sized undertakings;
2022/10/27
Committee: ECON
Amendment 403 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME which, despite being exempt, decides to comply with the obligations under this Directive and with which the company has an established business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME;
2022/11/10
Committee: IMCO
Amendment 404 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g – point ii (new)
ii) an alternative investment fund (AIF) managed by an AIFM as defined in Article 4(1), point (b), of Directive 2011/61/EU or an AIF supervised under the applicable national law;
2022/10/27
Committee: ECON
Amendment 405 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g – point iii (new)
iii) UCITS in the meaning of Article 1(2) of Directive 2009/65/EC.
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 410 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 73 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness of this Directive in reaching its objectives and assess the following issues:
2022/11/18
Committee: INTA
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 414 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be lowerchanged;
2022/11/18
Committee: INTA
Amendment 416 #

2022/0051(COD)

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:
2022/11/10
Committee: IMCO
Amendment 425 #

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 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 428 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 (new)
e) the impact on SMEs
2022/11/18
Committee: INTA
Amendment 431 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 a (new)
f) the availability and effectiveness of supporting tools
2022/11/18
Committee: INTA
Amendment 432 #

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 easily 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.
2022/11/10
Committee: IMCO
Amendment 435 #

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 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 444 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable grounds to believe that they mightwill be affected by an adverse impact,
2022/11/10
Committee: IMCO
Amendment 445 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – point a
(a) integratingembed the company's commitment to due diligence into their policies and management systems in accordance with Article 5;
2022/10/27
Committee: ECON
Amendment 448 #

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,
2022/11/10
Committee: IMCO
Amendment 451 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the valuesupply chain concerned.
2022/11/10
Committee: IMCO
Amendment 460 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States shall ensure that, for the purposes of due diligence, companies are entitled to share resources and information within their respective groups of companies and with other legal entities in compliance with applicable competition law. Companies within scope of this directive that are part of a group may also commit to take on the responsibilities of other group members pursuant to this directive, who will then be relieved from their responsibilities, and follow the rules in its home Member State when doing so.
2022/10/27
Committee: ECON
Amendment 462 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrateembed their commitment to due diligence into all their corporate policies and management systems and have in place a due diligence policy. The due diligence policy shall contain all of the following:
2022/10/27
Committee: ECON
Amendment 475 #

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.
2022/11/10
Committee: IMCO
Amendment 487 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, mayshall issue specific guidelines, including for specific sectors or specific adverse impacts. In particular, those guidelines shall facilitate the compliance of all companies with the obligations laid down in this Directive, taking into account the need to simplify the administrative burden for smaller companies, to ensure a level playing field within the Union and to ensure a consistent implementation of this Directive.
2022/11/10
Committee: IMCO
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 492 #

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 valuesupply chains of companies.
2022/11/10
Committee: IMCO
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 502 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 4
4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States may facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, mayshall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
2022/11/10
Committee: IMCO
Amendment 510 #

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
2022/11/10
Committee: IMCO
Amendment 511 #

2022/0051(COD)

Proposal for a directive
Article 16 – paragraph 4
4. Member States shall ensure that each company empowers its authorised representative to receive direct and swift communications from supervisory authorities on all matters necessary for compliance with and enforcement of national provisions transposing this Directive. Companies shall be required to provide their authorised representative with the necessary powers and resources to effectively cooperate with supervisory authorities.
2022/11/10
Committee: IMCO
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 513 #

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
2022/11/10
Committee: DEVE
Amendment 513 #

2022/0051(COD)

Proposal for a directive
Article 17 – paragraph 1 a (new)
1 a. One supervisory authority shall serve also as a single point of contact for companies and economic operators.
2022/11/10
Committee: IMCO
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 519 #

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 servifinancing (loans and other forms of credits), insurance or reinsurances, identification of actual and potential adverse human rights impacts and adverse environmental impacts shall be carried out only once before providing that service..
2022/10/27
Committee: ECON
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 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
2022/10/27
Committee: ECON
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 6 a (new)
Article 6 a Prioritisation of identified actual and potential adverse impacts 1. Member States shall ensure that companies are allowed to prioritise human rights impacts and adverse environmental impacts arising from their own operations, those of their subsidiaries or those of their established business relationships identified pursuant to Article 6 for fulfilling the obligations laid down in Articles 7 or 8, where it is not feasible to address all identified adverse impacts at the same time to the full extent. 2. The prioritisation of adverse impacts shall be based on severity and likelihood of the adverse impact. Severity of an adverse impact shall be assessed based on its gravity, the number of persons or the extent the environment affected, its irreversibility, and difficulty to restore the situation prevailing prior to the impact. 3. Once the most significant adverse impacts are addressed in accordance with Articles 7 or 8 in reasonable time, the company shall address less significant adverse impacts.
2022/10/27
Committee: ECON
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 539 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Member States shall lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive. Member States shall take in due account the exchange of information held within the European Network of Supervisory Authority to ensure that sanctions are harmonised within the Union;
2022/11/10
Committee: IMCO
Amendment 541 #

2022/0051(COD)

Proposal for a directive
Article 22 – title
Civil liabilitAccess to remedy
2022/11/10
Committee: DEVE
Amendment 542 #

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:
2022/11/10
Committee: DEVE
Amendment 543 #

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;
2022/11/10
Committee: DEVE
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 543 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of the company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, possible cumulative effects from other sanctions already imposed on the company, as well as collaboration with other entities to address adverse impacts in its valuesupply chains, as the case may be.
2022/11/10
Committee: IMCO
Amendment 545 #

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.
2022/11/10
Committee: DEVE
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 551 #

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
2022/11/10
Committee: DEVE
Amendment 551 #

2022/0051(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
The Commission shall set up a European Network of Supervisory Authorities, composed of representatives of the supervisory authorities. The Network shall facilitate theserve as a platform to facilitate a structured cooperation of the supervisory authorities and the coordination and alignment of regulatory, investigative, sanctioning and supervisory practices of the supervisory authorities and, as appropriate, sharing of information among them. In particular, the Network shall facilitate the development of a harmonised approach on sanctions applicable for infringements of this regulation, including by determining common range and common criteria for penalties.
2022/11/10
Committee: IMCO
Amendment 553 #

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
2022/11/10
Committee: DEVE
Amendment 554 #

2022/0051(COD)

Proposal for a directive
Article 22 – title
Civil liabilitAccess to remedy
2022/11/10
Committee: IMCO
Amendment 555 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 a (new)
the industry or sector initiative is based on a multi-stakeholder approach;
2022/11/10
Committee: DEVE
Amendment 555 #

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:
2022/11/10
Committee: IMCO
Amendment 556 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 b (new)
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
2022/11/10
Committee: DEVE
Amendment 556 #

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;
2022/11/10
Committee: IMCO
Amendment 557 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 c (new)
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.
2022/11/10
Committee: DEVE
Amendment 558 #

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
2022/11/10
Committee: DEVE
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 561 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point c
(c) make necessary investments, such as into management or productionestablish appropriate processes and infrastructprocedures, to comply with paragraph 1;
2022/10/27
Committee: ECON
Amendment 561 #

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
2022/11/10
Committee: DEVE
Amendment 561 #

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.
2022/11/10
Committee: IMCO
Amendment 563 #

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
2022/11/10
Committee: DEVE
Amendment 564 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 a (new)
3 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;
2022/11/10
Committee: DEVE
Amendment 564 #

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
2022/11/10
Committee: IMCO
Amendment 565 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 b (new)
3 b. the independent certification entity is not directly or indirectly controlled by the company that mandated the certification; and
2022/11/10
Committee: DEVE
Amendment 566 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 c (new)
3 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.
2022/11/10
Committee: DEVE
Amendment 567 #

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
2022/11/10
Committee: DEVE
Amendment 567 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 a (new)
the industry or sector initiative is based on a multi-stakeholder approach;
2022/11/10
Committee: IMCO
Amendment 568 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 b (new)
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
2022/11/10
Committee: IMCO
Amendment 569 #

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.
2022/11/10
Committee: DEVE
Amendment 569 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 c (new)
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.
2022/11/10
Committee: IMCO
Amendment 570 #

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
2022/11/10
Committee: IMCO
Amendment 571 #

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
2022/11/10
Committee: DEVE
Amendment 572 #

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.
2022/11/10
Committee: DEVE
Amendment 573 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 5 – subparagraph 1 (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.
2022/11/10
Committee: DEVE
Amendment 575 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 3
3. As regards potential adverse impacts that could not be prevented or adequately mitigated by the measures in paragraph 2, the company may seek to conclude a contract with a partner with whom it has an indirect relationship, with a view to achieving compliance with the company’s code of conduct or a prevention action plan. When such a contract is concluded, paragraph 4 shall apply.deleted
2022/10/27
Committee: ECON
Amendment 575 #

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
2022/11/10
Committee: IMCO
Amendment 577 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 a (new)
3 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;
2022/11/10
Committee: IMCO
Amendment 578 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 b (new)
3 b. the independent certification entity is not directly or indirectly controlled by the company that mandated the certification; and
2022/11/10
Committee: IMCO
Amendment 579 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 3 c (new)
3 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.
2022/11/10
Committee: IMCO
Amendment 580 #

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.
2022/11/10
Committee: IMCO
Amendment 581 #

2022/0051(COD)

Proposal for a directive
Article 25
1. Member States shall ensure that, 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
2022/11/10
Committee: DEVE
Amendment 583 #

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.
2022/11/10
Committee: IMCO
Amendment 584 #

2022/0051(COD)

Proposal for a directive
Article 26
Setting up and overseeing due diligence 1. Member States shall ensure that 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. Member States shall ensure that directors take steps 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.Article 26 deleted
2022/11/10
Committee: DEVE
Amendment 584 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 5 – subparagraph 1 (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.
2022/11/10
Committee: IMCO
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 591 #

2022/0051(COD)

Proposal for a directive
Article 25
1. Member States shall ensure that, 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
2022/11/10
Committee: IMCO
Amendment 594 #

2022/0051(COD)

Proposal for a directive
Article 26
Setting up and overseeing due diligence 1. Member States shall ensure that 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. Member States shall ensure that directors take steps 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.Article 26 deleted
2022/11/10
Committee: IMCO
Amendment 598 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 6
6. By way of derogation from paragraph 5, point (b), without prejudice to paragraph 6, when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial servifinancing (loans and other forms of credits), insurance or reinsurances, they shall not be required to terminate the credit, loan or other financial servifinancing (loans and other forms of credits), insurance or reinsurance contract when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.
2022/10/27
Committee: ECON
Amendment 601 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 6 a (new)
6 a. This article shall not apply to institutional investors and asset managers, in so far as their investments in investee companies are concerned.
2022/10/27
Committee: ECON
Amendment 622 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with affected stakeholders;
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 651 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 4
4. As regards actual adverse impacts that could not be brought to an end or adequately mitigated by the measures in paragraph 3, the company may seek to conclude a contract with a partner with whom it has an indirect relationship, with a view to achieving compliance with the company’s code of conduct or a corrective action plan. When such a contract is concluded, paragraph 5 shall apply.deleted
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 677 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 7
7. By way of derogation from paragraph 6, point (b), without prejudice to paragraph 7a, when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial servifinancing (loans and other forms of credits), insurance or reinsurances, they shall not be required to terminate the credit, loan or other financial servifinancing (loans and other forms of credits), insurance or reinsurance contract, when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.
2022/10/27
Committee: ECON
Amendment 680 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 7 a (new)
7 a. This Article does not apply to institutional investors and asset managers, in so far as their investments in investee companies are concerned.
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 702 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) persons who are affected or have reasonable grounds to believe that they mightwill be affected by an adverse impact,
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 708 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the value chain concerndeleted.
2022/10/27
Committee: ECON
Amendment 720 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point b
(b) to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint.deleted
2022/10/27
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 741 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 2 a (new)
The Commission shall develop simplified reporting obligations applicable to companies referred to in Article 2(1), point (b), and Article 2(2), point (b) of this Directive, and, no later than one year after the entry into force of this Directive, provide guidelines to support them in fulfilling their obligations.
2022/10/27
Committee: ECON
Amendment 753 #

2022/0051(COD)

Proposal for a directive
Article 12 – paragraph 1
In order to provide support to companies to facilitate their compliance with Article 7(2), point (b), and Article 8(3), point (c), the Commission shall adopt guidance about voluntary model contract clauses no later than one year after the entry intro force of this Directive.
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 775 #

2022/0051(COD)

Proposal for a directive
Article 15
1. companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations. 2. in case climate change is or should have been identified as a principal risk for, or a principal impact of, the company’s operations, the company includes emission reduction objectives in its plan. 3. companies duly take into account the fulfilment of the obligations referArticle 15 deleted Combating climate change Member States shall ensure that Member States shall ensured to in paragraphs 1 and 2 when setting variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.hat, Member States shall ensure that
2022/10/27
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 801 #

2022/0051(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Each Member State shall designate one or more supervisory authorities to supervise compliance with the obligations laid down in national provisions adopted pursuant to Articles 6 to 11 and Article 15(1) and (2) (‘supervisory authority’).
2022/10/27
Committee: ECON
Amendment 806 #

2022/0051(COD)

Proposal for a directive
Article 17 – paragraph 5
5. Member States may designate the authorities for the supervision of regulated financial undertakings also as supervisory authorities for the purposes of this DirectiveFor financial institutions, the competent authorities shall be an existing national authority already controlling or supervising financial institutions.
2022/10/27
Committee: ECON
Amendment 817 #

2022/0051(COD)

Proposal for a directive
Article 18 – paragraph 5 – subparagraph 1 (new)
It should be noted that the national authorities supervising financial institutions will adopt the appropriate preventive and sanctioning measures.
2022/10/27
Committee: ECON
Amendment 819 #

2022/0051(COD)

Proposal for a directive
Article 18 – paragraph 7
7. Without prejudice to Member State rules on companies’ right to court appeal and other relevant safeguards, Member States shall ensure that each natural or legal person has the right to an effective judicial remedy against a legally binding decision by a supervisory authority concerning them. in accordance with national law.
2022/10/27
Committee: ECON
Amendment 824 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Member StatesThe Commission shall lay down the rulesa list onf sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shall takethis Directive no later than one year after its entry into force. Member States shall take adequate sanctions from the list and all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
2022/10/27
Committee: ECON
Amendment 828 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of the legal framework applicable in the country where the adverse impact occurred, the company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, cumulative effects of the different measures and sanctions already imposed on the company as well as collaboration with other entities to address adverse impacts in its valuesupply chains, as the case may be.
2022/10/27
Committee: ECON
Amendment 834 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 3
3. When pecuniary sanctions are imposed, they shall be based on the company’s turnover.deleted
2022/10/27
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 868 #

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 in direct 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.
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 875 #

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 valuesupply chains.
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 895 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 5 a (new)
5a. This Article will not apply to institutional investors and asset managers regarding adverse impacts related to investee companies.
2022/10/27
Committee: ECON
Amendment 902 #

2022/0051(COD)

Proposal for a directive
Article 24
Member States shall ensure that companies applying for public support certify that no sanctions have been imposed on them for a failure to comply with the obligations of this Directive.Article 24 deleted Public support
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 78 #

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, 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.
2022/10/18
Committee: INTA
Amendment 91 #

2022/0032(COD)

Proposal for a regulation
Recital 7
(7) Given the globalised nature of the semiconductor supply chain, international cooperation with third partner countries is an important element to achieve a resilience of the Union’s semiconductor ecosystem. The actions taken under this Regulation should also enable the Union to play a stronger role, as a centre of excellence, in a better functioning global, interdependent semiconductors ecosystem. The Commission, assisted by the European Semiconductor Board, should cooperate and build partnerships with third partner countries with a view to seeking solutions to address, to the extent possible, disruptions of the semiconductor supply chain.
2022/10/18
Committee: INTA
Amendment 92 #

2022/0032(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) The Commission, on behalf of the Union, shall 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 may involve coordination in relevant international fora or other diplomatic measures, while ensuring robust engagement with the stakeholder community.
2022/10/18
Committee: INTA
Amendment 108 #

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.
2022/10/18
Committee: INTA
Amendment 113 #

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.
2022/10/18
Committee: INTA
Amendment 115 #

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. The Commission and Member States 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.
2022/10/18
Committee: INTA
Amendment 119 #

2022/0032(COD)

Proposal for a regulation
Recital 31
(31) Any relevant findings, including information provided by relevant stakeholders and industry associations, shFindings that are relevant for the purpose of mitigating risks and/or signalling disruptions in the supply chain could 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.
2022/10/18
Committee: INTA
Amendment 126 #

2022/0032(COD)

Proposal for a regulation
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commissionthe European Semiconductor Board should do a long-term mapping of the dynamics, 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.
2022/10/18
Committee: INTA
Amendment 131 #

2022/0032(COD)

Proposal for a regulation
Recital 37 a (new)
(37 a) In order to increase the Union’s global role in the semiconductors ecosystem and its value chain, due consideration must be paid to the demand for rare earths and critical raw materials and gases. Member States and the Commission should ensure that the Union does not create a new dependency, but rather a sustainable supply chain, in line with the Statement on Critical Raw Materials Act published following the State of the European Union in September 2022.
2022/10/18
Committee: INTA
Amendment 137 #

2022/0032(COD)

Proposal for a regulation
Recital 44
(44) Close cooperation between the Commission and the Member States, Member States industry and research 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.
2022/10/18
Committee: INTA
Amendment 157 #

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.
2022/10/18
Committee: INTA
Amendment 158 #

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. Furthermore, 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.
2022/10/18
Committee: INTA
Amendment 159 #

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 rights. 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).
2022/10/18
Committee: INTA
Amendment 163 #

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, manufacturing equipment, design, fabrication, assembly, testing and packaging, packaging, and advanced packaging, including raw materials and gases;
2022/10/18
Committee: INTA
Amendment 165 #

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 and gallium nitride, and other product innovation that can offer better performance, process innovation or energy and environmental performance;
2022/10/18
Committee: INTA
Amendment 167 #

2022/0032(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 15
(15) ‘key market actors’ means undertakings in the Union semiconductor sectorupply chain, the reliable functioning of which is essential for the semiconductor supply chain;
2022/10/18
Committee: INTA
Amendment 170 #

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, the defence sector and other activities that are relevant for public safety and security defence sector;
2022/10/18
Committee: INTA
Amendment 173 #

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 measures in order to supply the population with critical necessities;
2022/10/18
Committee: INTA
Amendment 175 #

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;
2022/10/18
Committee: INTA
Amendment 191 #

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.
2022/10/18
Committee: INTA
Amendment 207 #

2022/0032(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. Member States shall designate candidate competence centres in accordance with its national procedures, administrative and institutional structures through an open and competitive process. The Commission shall, by means of implementingdelegated acts, set the procedure for establishing competence centres, including selection criteria, and further tasks and functions of the centres with respect to the implementation of the actions under the Initiative, the procedure for establishing the network as well to adopt decisions on the selection of entities forming the network. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).
2022/10/18
Committee: INTA
Amendment 228 #

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:
2022/10/18
Committee: INTA
Amendment 233 #

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.
2022/10/18
Committee: INTA
Amendment 235 #

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.
2022/10/18
Committee: INTA
Amendment 237 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 2 a (new)
2 a. The Commission shall provide for standardised and secure means for the information collection and processing for the purpose of paragraph 1, with due regard to minimising the administrative burden for SMEs.
2022/10/18
Committee: INTA
Amendment 238 #

2022/0032(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. NThe 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 authoritiThey will provide for standardised and secure means for the information collection and proces sin such caseg for the purpose of paragraph 1, and will pay particular attention to SMEs to minimise administrative burden resulting from the request 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.
2022/10/18
Committee: INTA
Amendment 242 #

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 to of identifying, preparing and operationalising preventive measures to mitigate shortages and choke points that would prevent escalation towards a crisis stage;
2022/10/18
Committee: INTA
Amendment 244 #

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.
2022/10/18
Committee: INTA
Amendment 251 #

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 identifying 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.
2022/10/18
Committee: INTA
Amendment 253 #

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.
2022/10/18
Committee: INTA
Amendment 254 #

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.
2022/10/18
Committee: INTA
Amendment 263 #

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 economic sectorcritical sectors or essential services in the Union, or
2022/10/18
Committee: INTA
Amendment 265 #

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. WThere, 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 Commission shall report on a regular basis to the European Semiconductor Board.
2022/10/18
Committee: INTA
Amendment 274 #

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 for SMEs.
2022/10/18
Committee: INTA
Amendment 276 #

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, take into account the protection of trade secrets and business sensitive information and 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.
2022/10/18
Committee: INTA
Amendment 279 #

2022/0032(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Where necessary and proportionate to ensure the operation of all or certain critical sectors, the Commission may oblige Integrated Production Facilities and Open EU Foundries that have received public financial support to accept and prioritise an order of crisis-relevant products (‘priority rated order’). The obligation shall take precedence over any performance obligation under private or public law.
2022/10/18
Committee: INTA
Amendment 281 #

2022/0032(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. The obligation under paragraph 1 can also be imposed to other semiconductor undertakings which have accepted such possibility in the context of receiving public financial support.
2022/10/18
Committee: INTA
Amendment 284 #

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 foronly be made when all other measures have been exhausted and in particular have regard for the preventive 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.
2022/10/18
Committee: INTA
Amendment 290 #

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;
2022/10/18
Committee: INTA
Amendment 292 #

2022/0032(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point e a (new)
(e 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. This mapping exercise may help the Chips Act to set targets, allowing for more focused investments in capability gaps.
2022/10/18
Committee: INTA
Amendment 293 #

2022/0032(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point e b (new)
(e b) 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;
2022/10/18
Committee: INTA
Amendment 299 #

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 mayshall invite organisations within the Union and from partner countries representing the interests of the semiconductor industry, including 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.
2022/10/18
Committee: INTA
Amendment 302 #

2022/0032(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The Commission shall involve industry and civil society stakeholders in their respective role, meaning that the Commission may 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.
2022/10/18
Committee: INTA
Amendment 304 #

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.
2022/10/18
Committee: INTA
Amendment 309 #

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 particular any 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).
2022/10/18
Committee: INTA
Amendment 314 #

2022/0032(COD)

Proposal for a regulation
Article 27 – paragraph 3
3. The Commission may adopt implementing acts, as necessary following experience gained in information gathering, 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 exchange of information pursuant to this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).
2022/10/18
Committee: INTA
Amendment 1 #

2022/0021(COD)

Proposal for a regulation
Recital 3
(3) European standards and European standardisation deliverables play an important role for the internal market and consumer protection. Standards do not regulate solely the technical aspect of a product or service, but they also play an important role for workers, citizens and the environment. For instance, harmonised standards may be used to confer a presumption that products to be made available on the market are in conformity with the essential requirements that are laid down in the relevant Union harmonisation legislation for those products when they comply with the harmonised standards, while ensuring the quality and safety of products and services for consumers and protecting the environment.
2022/07/11
Committee: IMCO
Amendment 2 #

2022/0021(COD)

Proposal for a regulation
Recital 4
(4) In the past years, the practices in the European standardisation organisations as regards their internal governance and decision-making procedures have changed. As a result, the European standardisation organisations have increased their co- operation with international and European stakeholders. Such cooperation is welcome as it contributes to the transparent, open, impartial and consensus-built standardisation process. HowNevertheless, when European standardisation organisations execute standardisation requests to support Union legislation and policies, unrestricted participation of any stakeholder in their internal decision-making mayaccess to internal decision-making concerning work programmes or priorities could lead to decisions that do not entirely take into account the interests, policy objectives, and values of the Union, as well as public interests in general.
2022/07/11
Committee: IMCO
Amendment 3 #

2022/0021(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) In order to ensure sound procedure and balanced representation of stakeholders' interests, the role, the participation and the input of relevant stakeholders, including those representing inter alia SMEs and environmental, social and consumer interests, should be strengthened, and made more inclusive through the establishment of a multi- stakeholder approach. The views of, and the input from, relevant stakeholders should be taken into account in European standardisation organisations. The decisions of national standardisation bodies should also reflect the outcome of the consultation with relevant stakeholders.
2022/07/11
Committee: IMCO
Amendment 4 #

2022/0021(COD)

Proposal for a regulation
Recital 5
(5) National standardisation bodies play an essential role in the standardisation system, both, at the Union level, in accordance with Regulation (EU) No 1025/2012, and at the level of Member States. National standardisation bodies are therefore best placed to make sure that the interests, policy objectives and values of the Union as well as public interests in general are duly taken into account in European standardisation organisations. It is therefore necessary to strengthen their role in decision-making bodies of the European standardisation organisations when those bodies take decisions concerning European standards and European standardisation deliverables requested by the Commission under Article 10(1) of Regulation (EU) No 1025/2012, without affecting the important role played by the broader stakeholder-base in preparing effective standards that respond to public-interest and market needs.
2022/07/11
Committee: IMCO
Amendment 5 #

2022/0021(COD)

Proposal for a regulation
Recital 6
(6) The decision-making bodies of the European standardisation organisations are open to participation not only by national standardisation bodies, but also by national standardisation organisations of acceding countries, candidate countries and, potential candidates to the Union, among other countries and countries which have concluded an agreement with the Union to ensure regulatory convergence or compatibility with the legal acts of the Union in those areas of the internal market that are relevant to European standardisation organisation’s activities. In order to avoid excluding those organisations from participation in the work of decision-making bodies concerned, it is only necessary to provide that the decisions in those bodies concerning European standards and European standardisation deliverables requested under Article 10(1) of Regulation (EU) No 1025/2012 be taken exclusively by representatives of national standardisation bodies, without imposing any other requirements on the work of the decision-making bodies of the European standardisation organisations. Participation by the national standardisation organisations of third countries should not prevent the adoption of any decision concerning European standards and European standardisation deliverables supported by the majority of national standardisation bodies from Member States of the Union and, where applicable, other members of EEA that have been notified as national standardisation bodies in accordance with Regulation 1025/2012.
2022/07/11
Committee: IMCO
Amendment 6 #

2022/0021(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) Standardisation procedures entail decisions that require specific work streams, which should be deemed to constitute separate work items. Such work items are initiated to either develop a new or revise, merge, amend or correct an existing European standard or European standardisation deliverable.
2022/07/11
Committee: IMCO
Amendment 7 #

2022/0021(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1025/2012
Article 10
2a. EWithout prejudice to other advisory opinions, each European standardisation organisation shall ensure that the following decisions concerning European standards and European standardisation deliverables referred to in paragraph 1 are taken exclusively by national representatives, namely by representatives of the national standardisation bodies within the competent decision-making body of that organisation:
2022/07/11
Committee: IMCO
Amendment 8 #

2022/0021(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1025/2012
Article 10
(a) decisions on the acceptance, and refusal and execution of standardisation requests;
2022/07/11
Committee: IMCO
Amendment 9 #

2022/0021(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1025/2012
Article 10
(b) decisions on the acceptance of new work items that are needed for the fulfilment of the standardisation request;
2022/07/11
Committee: IMCO
Amendment 11 #

2021/2200(INI)

Motion for a resolution
Recital A
A. whereas the Indo-Pacific region has become a geopolitical and geoeconomic reality; whereas the global economy’s centre of gravity has shifted from the Atlantic to the PacificIndo-Pacific region has become a major economic power;
2022/03/28
Committee: INTA
Amendment 13 #

2021/2200(INI)

Motion for a resolution
Recital B
B. whereas Europe and the Indo- Pacific together represent over 70 % of global trade in goods and services and over 60 % of foreign direct investment (FDI) with their annual trade reaching EUR 1.5 trillion in 2019; whereas the Indo-Pacific region produces 60 % of global gross domestic product (GDP) and contributes to two thirds of global economic growth; whereas the EU is the biggest investor in the areagion, which includes four (China, Japan, South Korea and India) out of the EU’s top 10 global trading partners;
2022/03/28
Committee: INTA
Amendment 43 #

2021/2200(INI)

Motion for a resolution
Recital G
G. whereas the COVID-19 crisis has accelerated a number of geopolitical trends that were already under way; whereas it also highlighted the need for international cooperation; whereas it has also shown vulnerabilities in the global supply chains and has made clear the need for more diversification; whereas this has been further accentuated by the Russian invasion of Ukraine;
2022/03/28
Committee: INTA
Amendment 48 #

2021/2200(INI)

Motion for a resolution
Recital G a (new)
G a. Whereas, as stated in the Trade Policy Review, the EU works together with its partners to ensure adherence to universal values, notably the promotion and protection of human rights. This includes core labour standards, social protection, gender equality, and the fight against climate change and biodiversity loss;
2022/03/28
Committee: INTA
Amendment 52 #

2021/2200(INI)

Motion for a resolution
Recital G b (new)
G b. whereas the EU outermost regions and overseas countries and territories, constitutionally linked to its Member States, are an important part of the EU’s approach to the Indo-Pacific;
2022/03/28
Committee: INTA
Amendment 56 #

2021/2200(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the EU strategy for cooperation in the Indo-Pacific, which identifies trade as a priority; believes its main focus on inclusiveness and cooperation based on shared values and principles, including a commitment to respecting democracy, human rights and the rule of law, is essential; calls for the EU’s strategic approach and engagement with the Indo-Pacific region to be developed based on the multilateral, rules- based international order with a modernised World Trade Organization at its core, based on the principles of open environment for trade and investment, a level playing field, reciprocity and mutual benefit; stresses that this new approach should constitute a fundamental reorientation based on shared interests as the region is vital to EU prosperity;
2022/03/28
Committee: INTA
Amendment 61 #

2021/2200(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Commission to work closely with its Indo-Pacific like-minded partners to reinforce value chains by strengthening and diversifying trade relations in order to reduce strategic dependencies in critical supply chains with a particular focus on technologies and raw materials, by working towards the full implementation and better enforcement of existing trade agreements, by finalising ongoing trade negotiations and by developing cooperation in strategic sectors; underlines the importance of working together with like-minded Indo-Pacific countries on establishing technical standards, to further promote the EU as a global standard-setter; further calls on the Commission to closely work together with the Indo-Pacific partners in the process of shaping and implementing the planned Due Diligence framework;
2022/03/28
Committee: INTA
Amendment 71 #

2021/2200(INI)

Motion for a resolution
Paragraph 3
3. Stresses that the EU should make better and more strategic use of its economic leverage while respecting the political and economic specificities of its partner countries in order to reach its geopolitical goals, by deploying its full, integrated range of policy instruments, including the requirement of promoting fundamental human and labour rights, environmental protection and good governance as part of GSP, for this purpose;
2022/03/28
Committee: INTA
Amendment 89 #

2021/2200(INI)

Motion for a resolution
Paragraph 6
6. Believes the EU-Japan Economic Partnership Agreement has been instrumental in creating more sustainable trade; welcomes the increase in the preference utilisation rates for EU exports to Japan in 2020; underlinnotes that further progress is needed e has been some progress regarding the implementation of the agreement, in particular as regardsexpansion of the list for GI protection for both parties, the utilisation rates of tariff rate quotas opened by Japan for EU exporters, and the process for ratification of ILO Convention No 105 by Japan; underlines that further progress is needed in the implementation of the agreement, in particular as regards the liberalisation of trade in services and the ratification of ILO Conventions No 105 and No 111;
2022/03/28
Committee: INTA
Amendment 98 #

2021/2200(INI)

Motion for a resolution
Paragraph 7
7. Call on the Member States to ratify the EU-Vietnam IPA so that it enters into force and creates favourable conditions to boost EU investment in Vietnam and in the region, in particular in areas promoting green transformation and the circular economy; urges Vietnam to guarantee a full implementation of the sanitary and phytosanitary provisions; inviturges Vietnam to complete its key labour reforms in accordance with the agreement and to swiftly ensure the ratification of ILO Convention No 87 by 2023;
2022/03/28
Committee: INTA
Amendment 102 #

2021/2200(INI)

Motion for a resolution
Paragraph 8
8. Calls for continuing actions oriented at raising awareness among businesses and citizens of existing FTAs in the region and the opportunities they provide; calls for strengthened technical and financial support where necessary to help partner countries to effectively implement FTAs, in particular the chapters on TSD; Calls on the Commission to work together with our Indo-Pacific partners also in the context of the TSD review;
2022/03/28
Committee: INTA
Amendment 112 #

2021/2200(INI)

Motion for a resolution
Paragraph 9
9. Calls for substantive progress and the conclusion of negotiations on the EU- Australia and EU-New Zealand FTAs by no later than mid 2022 in order for the European Parliament to be able to duly ratify these agreements in the current parliamentary mandate; believes that, especially in the current geopolitical situation, it is of utmost importance that democracies strengthen their mutual relations, also when it comes to trade;
2022/03/28
Committee: INTA
Amendment 120 #

2021/2200(INI)

Motion for a resolution
Paragraph 11
11. Underlines the need for the EU to pursengage in a comprehensive dialogue wits multifaceted engagement with Chinah China and firmly defend the interests and values of the EU, keeping in mind that China’s goals are often divergent from ours, especially in this geopolitically challenging global context; stresses that it is important to continue engaging bilaterally to promote solutions to common challenges and to cooperate on issues of common interest such as fighting climate change; acknowledges that the support of China was vital for the conclusion of the Paris Agreement, and that engagement with China is necessary to curb global greenhouse emissions;
2022/03/28
Committee: INTA
Amendment 123 #

2021/2200(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Acknowledges that China’s continued delay in complying with all WTO rules continues to complicate the trade relations between the EU and China. Main issues that must be solved are the multiple barriers European companies face to access the Chinese market, protection of intellectual property rights, counterfeiting, product safety concerns, social and environmental standards, forced technology transfers, obliged Joint Ventures, unfair subsidies and unfair competition by state-owned enterprises;
2022/03/28
Committee: INTA
Amendment 125 #

2021/2200(INI)

Motion for a resolution
Paragraph 12
12. Acknowledges that the discussions on the ratification of the Comprehensive Investment Agreement between the EU and China have been put on hold in the European Parliament for the moment; believes, however, that despite our differencesdue to China’s decision to sanction, among others, five Members of the European Parliament and the Human Rights sub-committee for criticizing China’s human rights record; stresses that it is unthinkable that the European Parliament will discuss or ratify the CAI as long as MEPs and one of its committees are under sanctions; further recalls the coercive pressure China has put on member states such as in the case of Lithuania; believes, however, that we should continue to maintain dialogue at all levels and through various channels to be able to understand each others positions and in particular to find a way out of the present situation;
2022/03/28
Committee: INTA
Amendment 129 #

2021/2200(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Reminds that the cooperation with China must go hand in hand with firmness on the issue of human rights and minority; underlines the need for the EU to take a clear stance against the human rights violations in China, notably the forced labour camps and continuous repression against the Uyghur community in Xinjiang, which according to several international organisations amount to crimes against humanity and that some parliaments already have called a genocide; further deplores the oppression of the Tibetan community and the violation of China’s international commitments in Hong Kong;
2022/03/28
Committee: INTA
Amendment 135 #

2021/2200(INI)

Motion for a resolution
Paragraph 13
13. Is looking forward toTakes note of the EU-China Summit taking place in April 2022; trusthopes that it will contribute to calming the recently the de-escalatingon of trade and geopolitical tensions between both parties, that it will allow progress towards developing a much more balanced economic relationship based on reciprocity and, that it will help to resolve the crisis linked tobe the occasion for a frank dialogue on the worrying human rights situation in China as well as that it will help to lift the unjustified Chinese sanctions imposed on EU policymakers, including members of the European Parliament;
2022/03/28
Committee: INTA
Amendment 140 #

2021/2200(INI)

Motion for a resolution
Paragraph 14
14. Urges the EU to launch a structured dialogue with Taiwan on cooperating in green technology and digital economy, including the semiconductor industry, with a view to signing a memorandum of understanding that benefits both the EU and Taiwan; repeats thatits call on the Commission shouldto begin an impact assessment, public consultation and scoping exercise on a bilateral investment agreement with Taiwan in preparation for negotiations to deepen bilateral economic ties;
2022/03/28
Committee: INTA
Amendment 148 #

2021/2200(INI)

Motion for a resolution
Paragraph 16
16. RegretsTakes note of the fact that negotiations on a bilateral trade and investment agreement with Philippines, which started in 2015, have been put on hold; acknowledgunderlines that negotiations should only resume once the worrying and critical situation concerning human rights and the rule of law in Philippines has improved;
2022/03/28
Committee: INTA
Amendment 149 #

2021/2200(INI)

Motion for a resolution
Paragraph 17
17. RegretsTakes note of the fact that negotiations on a bilateral trade and investment agreement with Malaysia have been put on hold since 2012; invites the Malaysian authorities to take a position on the possible resumption of negotiations and invites both parties to take stock of the findings of the sustainability impact assessment; underlines that a possible resumption of negotiations should be preceded by tangible improvement of the human rights situation in the country;
2022/03/28
Committee: INTA
Amendment 152 #

2021/2200(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Notes that negotiations for an EU- Thailand FTA were launched in 2013; further notes that they were put on hold in 2014 following the military take-over in Thailand. Acknowledges that the EU in recent years has taken steps towards broadening its engagement with Thailand; underlines that a possible resumption of negotiations on a comprehensive FTA should be preceded by tangible improvement of the democratic situation in the country;
2022/03/28
Committee: INTA
Amendment 163 #

2021/2200(INI)

Motion for a resolution
Paragraph 18
18. Calls for further engagement with ASEAN and its member states and for the development and promotion of the EU- ASEAN strategic partnership; calls on both sides to use the momentum of the planned EU-ASEAN Summit in 2022, on the occasion of 45th anniversary of the EU- ASEAN bilateral relationship, to present a new EU-ASEAN action plan for the upcoming period to promote increased multifaceted cooperation in key areas and explore the possibility of resuming negotiations of a region-to-region trade agreement, based on shared values and principles, including fundamental rights and gender equality, once the conditions in terms of human rights and democracy are to the EU’s standards;
2022/03/28
Committee: INTA
Amendment 169 #

2021/2200(INI)

Motion for a resolution
Paragraph 19
19. Calls for a new strategic approach towards the Comprehensive and Progressive Agreement for Trans-Pacific Partnership as a core element of the EU’s Indo-Pacific strategy, stresses that closer cooperation would allow the EU to reap important economic benefits with regard to possible welfare gains, diversification of supply chains and reduction of strategic dependencies, and would give the EU the opportunity to continue to shape standards in the Indo-Pacific region and globally;
2022/03/28
Committee: INTA
Amendment 171 #

2021/2200(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. recalls the need to take into account the specificity of the outermost regions and overseas countries and territories in these regional and bilateral negotiations and to take and implement specific provisions in their regards;
2022/03/28
Committee: INTA
Amendment 42 #

2021/2185(INI)

Draft opinion
Paragraph 6
6. Notes that the Vertical Block Exemption Regulation1 and related Vertical Guidelines2 have been inadequately adapted for recent market developments, notably the growth of online sales and online platforms; highlights that there are outstanding concerasks the Commission to ens uregarding the automobile sector, where manufacturers are competing directly with the distribution network by modifying the contractual terms of the vertical distribution relationship, thereby placing them at a competitive disadvantage and driving small and medium-sized enterprises out of the market; that any future revision takes the abuse of selective distribution agreements, labelling and other measures to prevent the purchase, distribution and resale of goods across borders into account. _________________ 1 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, p. 1). 2 OJ C 130, 19.5.2010, p. 1.
2022/01/13
Committee: IMCO
Amendment 47 #

2021/2185(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Notes the continued use of different national product codes and serial numbers for the same or virtually identical products in order to prevent cross-border comparisons of prices and purchase; believes that this has a direct negative effect on consumers and asks the Commission to assess this matter further;
2022/01/13
Committee: IMCO
Amendment 49 #

2021/2185(INI)

Draft opinion
Paragraph 7
7. Notes the continued impact of the COVID-19 pandemic on the EU economy and the risks and opportunities it poses to the internal market; welcomes the Commission’s decision to prolong the temporary framework for State aid until 30 June 2022, but highlights that these measures should remain in place until gross domestic product and employment return to pre-pandemic levels;; notes, however, that the differing sizes of the Member States means that not all Member States are able to equally take advantage of the temporary framework; asks the Commission to ensure that the measures are proportionate to actual needs and do not distort competition within the single market.
2022/01/13
Committee: IMCO
Amendment 62 #

2021/2185(INI)

Draft opinion
Paragraph 8
8. Calls on the Commission to adaptensure competition rules and ensure theirpolicy enforcement in the energy sector to facilitate the creation of industrial giants capable of competing in global markets and to protect the security of energy supplies in the European Union, thus reducing price volatility and combating the rise in energy prices, which accounts for around half of the increase in the inflation rate;
2022/01/13
Committee: IMCO
Amendment 64 #

2021/2185(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Stresses the need for competition policy to support SMEs in Europe and to prevent the consolidation of market dominance in the hands of a few large European and international companies; underlines that the single market depends not only on competition at the international level, but also inside the single market itself;
2022/01/13
Committee: IMCO
Amendment 72 #

2021/2185(INI)

Draft opinion
Paragraph 9
9. Highlights the importance of tackling distortive foreign subsidies that are distortingharming the level playing field in the EU’s internal market and ; in this regard welcomes the proposed regulation on foreign subsidies, which is relevant in cases where, for example, a subsidised company intends to participatwill help to promote a fair and competitive sin EU public procurement procedures.gle market;
2022/01/13
Committee: IMCO
Amendment 9 #

2021/2177(INI)

Motion for a resolution
Recital D
D. whereas the EU is India’s third- largest trading partner and leading foreign investor, while India is the EU’s ninth- largest trading partner and only accounted for less than 2.1 % of its total trade in goods in 2021; whereas there is untapped potential for stronger, deeper and mutually beneficial economic cooperation that could lead to the creation of new jobs and increased perspectives for both partners;
2022/04/27
Committee: INTA
Amendment 24 #

2021/2177(INI)

Motion for a resolution
Paragraph 1
1. Calls on the Commission and the European External Action Service to pursue all efforts to improve and deepen the relationship with India, a strategic partner of the EU; reiterates the need for a deeper partnership based on the shared values of freedom, democracy, pluralism, the rule of law, good governance, equality, respect for human rights and labour rights, women’s rights and gender equality, a commitment to promoting an inclusive, coherent and rules-based global order, effective multilateralism and sustainable development, fighting climate change, and promoting peace and stability in the world;
2022/04/27
Committee: INTA
Amendment 30 #

2021/2177(INI)

Motion for a resolution
Paragraph 2
2. Recalls that EU-India trade increased by more than 70 % between 2009 and 2019 and that both parties share a common interest in fostering closer and deeper economic ties; recognises that India is a solid alternative for an EU that wants to diversify its supply chains, and that the EU is India’s largest trading partner in the agri-food sector; further recognises that there are sensitives on both sides but believes that those could be addressed to create a win-win situation for both partners;
2022/04/27
Committee: INTA
Amendment 35 #

2021/2177(INI)

Motion for a resolution
Paragraph 3
3. Expects a swift follow-up to the EU-India leaders’ meeting in order to openly address values-based cooperation at the highest level in matters of trade and investment; welcomes both partners’ readiness to work towards the conclusion of an ambitious, values-based, comprehensive and mutually beneficial trade agreement as well as a stand-alone investment protection agreement and an agreement on geographical indications;
2022/04/27
Committee: INTA
Amendment 39 #

2021/2177(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Stresses the importance of EU- India joint working groups on regulatory cooperation and resilient supply chains, aimed at solving an increasing number of trade barriers and trade irritants;
2022/04/27
Committee: INTA
Amendment 40 #

2021/2177(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Points out that one of the objectives of the future EU-India trade and investment agreements is to strengthen the economic, trade and investment relationship between the EU and India in full compliance with internationally recognised human rights, environmental and labour standards and agreements, and to create a sound, transparent, open, non-discriminatory and predictable regulatory and business environment for companies on both sides and unlock the untapped potential of two- way economic cooperation between the EU and India:
2022/04/27
Committee: INTA
Amendment 42 #

2021/2177(INI)

Motion for a resolution
Paragraph 3 c (new)
3 c. Regrets that there remains uncertainties for EU investors, notably as a result of India’s decision to unilaterally terminate all its bilateral investment treaties in 2016;
2022/04/27
Committee: INTA
Amendment 43 #

2021/2177(INI)

Motion for a resolution
Paragraph 3 d (new)
3 d. Reaffirms EU’s condemnation of Russian Federation’s military aggression against Ukraine; denounces India’s hesitancy to condemn the Russian Federation’s actions in Ukraine; underlines the importance of democracies working together and aligning on core areas and especially trade;
2022/04/27
Committee: INTA
Amendment 44 #

2021/2177(INI)

Motion for a resolution
Paragraph 3 e (new)
3 e. Recalls that the EU is India’s largest trading partner in the agri-food sector; stresses the need for the EU and India to cooperate closely to address the repercussions on food security caused by the ongoing Russian war in Ukraine;
2022/04/27
Committee: INTA
Amendment 51 #

2021/2177(INI)

Motion for a resolution
Paragraph 4
4. Considers that the existing negotiating mandate is comprehensive and broad enough for negotiations to restart; takes the view, however, that an addendum is necessary to ensure that the prospective comprehensive trade agreement contains as integral parts thereof a dedicated chapter for SMEs, a dedicated digital trade chapter, a dedicated chapter on raw materials to remove all export duties on raw materials, and an ambitious and enforceable trade and sustainable development chapter aligned with the Paris Agreement; furthermore believes that the agreement should include provisions on sustainable food systems and on gender;
2022/04/27
Committee: INTA
Amendment 61 #

2021/2177(INI)

Motion for a resolution
Paragraph 5
5. Agrees with EU and Indian leaders that in order to give the negotiations the impetus they need, it is imperative to find early solutions to long-standing market access issues; encourages the negotiators, therefore, to find swift solutions to the long-standing market access issues both across governance levels and sectors (e.g. cars, car parts, agriculture, medical devices, pharmaceuticals, sanitary and phytosanitary irritants, public procurement, and non-tariff barriers such as quality control orders); while not compromising the content over a speedy conclusion;
2022/04/27
Committee: INTA
Amendment 65 #

2021/2177(INI)

Motion for a resolution
Paragraph 6 – introductory part
6. Encourages the negotiators to make good progress in achieving a comprehensive, mutually beneficial, state- of-the-art and WTO- compatible rules- based free trade agreement, giving priority to areas conducive to sustainable growth and the digital and green transitions, as follows:
2022/04/27
Committee: INTA
Amendment 86 #

2021/2177(INI)

Motion for a resolution
Paragraph 6 – point iv
iv. a comprehensive chapter on public procurement at all levels of governance in order to enforce the principles of transparency and non-discrimination in public procurement through effective remedy procedures; calls, in this respect, for India to accede to the WTO Agreement on Government Procurement and to prohibit ‘buy national’ practices aimed to promote domestic manufacturing and discourage imports, such as “Make in India” and “Self-reliant India”;
2022/04/27
Committee: INTA
Amendment 95 #

2021/2177(INI)

Motion for a resolution
Paragraph 6 – point vi
vi. a robust chapter on high-level protection for intellectual property rights (IPR), which should facilitate a non- restrictive and swift patent application process and the rapid and effective enforcement of IPR standards; however, special attention shall be paid to India's ability to produce affordable generic medicines for domestic health needs or for export to other developing countries in need;
2022/04/27
Committee: INTA
Amendment 97 #

2021/2177(INI)

Motion for a resolution
Paragraph 6 – point vi a (new)
vi a. a chapter on SMEs in order to take into account SMEs’ specific needs and provide legal certainty; underlines the need for a business-friendly regulatory environment for SMEs, including harmonised and simplified customs procedures as well as reduced administrative and regulatory burdens in order to overcome all tariff and non-tariff barriers preventing SMEs from entering the Indian market;
2022/04/27
Committee: INTA
Amendment 98 #

2021/2177(INI)

vi b. a Trade and Sustainable Development (TSD) chapter that guarantees values-based cooperation in trade and investment and includes the Paris Agreement, core ILO conventions and SDGs, aims at responsible trade and investment respecting human rights and labour rights, including strong action to eliminate child labour and forced labour, as well as takes climate and environment concerns and sustainable food systems into consideration, and promotes gender equality and women’s empowerment;
2022/04/27
Committee: INTA
Amendment 112 #

2021/2177(INI)

Motion for a resolution
Paragraph 6 – point x a (new)
x a. guarantee of good governance and the rule of law and solution to the obstacles created by legal uncertainty;
2022/04/27
Committee: INTA
Amendment 119 #

2021/2177(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Underlines the importance of boosting trade in technology with special attention given to technologies combating climate change, e.g. in regard to enhancing recycling as well as circular economy and energy production;
2022/04/27
Committee: INTA
Amendment 123 #

2021/2177(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Highlights the importance of gender issues; stresses the opportunity of future EU-India trade agreements to promote gender equality, women’s participation in trade and women’s emancipation;
2022/04/27
Committee: INTA
Amendment 124 #

2021/2177(INI)

Motion for a resolution
Paragraph 8 b (new)
8 b. Reaffirms the EU's commitment to promote environmental standards and fight against climate change in line with the Paris Agreement; urges the EU to cooperate closely with India and other like-minded partners to achieve climate neutrality; urges both sides to step up their cooperation on trade and technology especially with regards to fighting climate change;
2022/04/27
Committee: INTA
Amendment 4 #

2021/2176(INI)

Motion for a resolution
Recital B
B. whereas the EU is the world’s largest destination and source of inbound and outbound international investments; whereas they contribute to EU growth and job creation;
2022/03/17
Committee: INTA
Amendment 10 #

2021/2176(INI)

Motion for a resolution
Recital D a (new)
Da. whereas none of the investment treaties negotiated by the European Union since the Lisbon Treaty has yet entered into force;
2022/03/17
Committee: INTA
Amendment 20 #

2021/2176(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas the six priorities of the European Union between 2019 and 2024 include work to combat climate change and environmental degradation, as well as creating more attractive investment conditions and supporting businesses;
2022/03/17
Committee: INTA
Amendment 26 #

2021/2176(INI)

Motion for a resolution
Paragraph 1
1. BWelievcomes that the EU’s investment policy needs to meet the expectations of investors and beneficiary states, but also the EU’s broader economic interests and external policy objectives; considers that EU international investment policy needs to be reformed in order to address a variety of challenges and transform it into an integrated and coherent policy frameworke changes in the EU’s international investment policy; considers that this basis should be built upon in order to address a variety of challenges and transform it into an integrated and coherent policy framework; believes that the EU’s investment policy needs to meet the expectations of investors and beneficiary states, but also the EU’s broader economic interests and external policy objectives;
2022/03/17
Committee: INTA
Amendment 29 #

2021/2176(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Highlights the importance to the European economy of internal and external investment and the need to ensure that EU investors abroad are protected;
2022/03/17
Committee: INTA
Amendment 43 #

2021/2176(INI)

Motion for a resolution
Paragraph 3
3. Points out that the definition of investment as codified in EU IIAs covers not only greenfield investments, but also financial instruments that can be held for purely speculative purposes or for the extraction of r; stresses that European companies need adequate protection of their foreign investments;
2022/03/17
Committee: INTA
Amendment 64 #

2021/2176(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Welcomes the new investment protection agreement model drawn up by the Commission; stresses that these new agreements provide better protection for the right of states to regulate so as to defend, in particular, our public services, and fundamentally reform traditional investor-state arbitration mechanisms with the establishment of a public investment court system; regrets, however, that this new approach has not produced the expected results, as no agreement which contains it has yet entered into force;
2022/03/17
Committee: INTA
Amendment 65 #

2021/2176(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Stresses that the EU IIAs contribute to the growth of the EU and allow European companies to benefit from uniform rules to access foreign markets;
2022/03/17
Committee: INTA
Amendment 72 #

2021/2176(INI)

Motion for a resolution
Paragraph 6
6. Points out that even in the absence of legal proceedings, the explicit or implicit threat of recourse to investment arbitration can enhance the position of investors in negotiations with states (the ‘chilling effect’); stresses, however, that the European approach in new investment protection agreements between the European Union and a third country protects the right of states to regulate, particularly in areas of public interest and order, such as environmental protection and the fight against climate change;
2022/03/17
Committee: INTA
Amendment 82 #

2021/2176(INI)

Motion for a resolution
Paragraph 8
8. Is concernedNotes that recent EU IIAs still contain broad protection standards which can be used, if interpreted extensively and inappropriately, to challenge legitimate public policies; asks the Commission to only allowfocus protection againston discrimination, direct expropriation and the gross denial of justice, to take account of cases of indirect expropriation in a proportionate and appropriate way, and to ensure that foreign investors are not accorded superior rights to those enjoyed by domestic investors;
2022/03/17
Committee: INTA
Amendment 88 #

2021/2176(INI)

Motion for a resolution
Paragraph 9
9. Underlines the fact that EU IIAs negotiated after 2009 still include sunset clauses which prevent easy termination; points out thatcalls on the Commission to examine and study the impact of these sunset clauses and to analyse how Member States and the other contracting parties can agree to neutralise sunset clausesthem;
2022/03/17
Committee: INTA
Amendment 97 #

2021/2176(INI)

Motion for a resolution
Paragraph 11
11. Underlines that the considerable damages awarded by investment tribunals have imposed a significant financial burden on respondent states; points out that the use of valuation methods generally used by adjudicators is highly controversial owing to their very wide margin of discretion and reliance on highly complex and inherently speculative assumptions; invites the Commission to reviewcarry out an in-depth analysis of these provisions and to propose corrective measures for the provisions governing compensation in EU IIAs;
2022/03/17
Committee: INTA
Amendment 106 #

2021/2176(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Member States to terminate or modernise any bilateral investment treaties that contain ISDS, any treaties that contain protection standards which are contrary to our objectives and values and go beyond protection against direct and indirect expropriation, nationality-based discrimination or the gross denial of justice, and any treaties that protect fossil fuel investments;
2022/03/17
Committee: INTA
Amendment 116 #

2021/2176(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to ensure that all of the Member States’ bilateral investment treaties are fully compatible with EU law and consistent with the EU’s objectives and values; supports the Commission in strictly applying the conditions for authorising the negotiation, signature and conclusion of new agreements by Member States;
2022/03/17
Committee: INTA
Amendment 120 #

2021/2176(INI)

Motion for a resolution
Paragraph 15
15. Points out that the ECT is the most litigated investment agreement in the world today; welcomes efforts to modernise the ECT and the EU’s position to exclude protection for most fossil fuel investments; notes that investments considered ‘significantly harmful’ under the EU taxonomy would remain protected according to the EU’s position; underlines that amending the ECT requires unanimity of all contracting parties voting at the annual conference; supports the Commission in its wish to modernise the dispute settlement system in order to bring it into line with the new European approach in IIAs; regrets, however, that the modernisation negotiations have reached a stalemate owing to the lack of commitment on the part of third countries and the refusal to make the ECT compatible with the Paris Agreement;
2022/03/17
Committee: INTA
Amendment 134 #

2021/2176(INI)

Motion for a resolution
Paragraph 16
16. Urges the Commission to ensure that a revised ECT will protect the right of states to regulate and immediately prohibit fossil fuel investors from suing contracting parties for pursuing policies to phase out fossil fuels in line with their commitments under the Paris Agreement; calls on the Commission and the Member States to start preparing a coordinated exit from the ECT with a view to formal submission to the Council and to Parliament in the event of the negotiating objectives not being achieved by June 2022;
2022/03/17
Committee: INTA
Amendment 143 #

2021/2176(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the fact that UNCITRAL Working Group III has been engaging in deliberations on a possible multilateral reform of ISDS since 2017; notes that 60 states agreed by consensus that UNCITRAL’s work must address structural reform options; calls onommends the Commission for its determination and its commitment to constructively engage on all topics raised during UNCITRAL discussions and to take account of them in future EU IIAs; calls on the Commission to continue its work in UNCITRAL in order to ensure, inter alia, the right of states to regulate and greater transparency;
2022/03/17
Committee: INTA
Amendment 144 #

2021/2176(INI)

Motion for a resolution
Paragraph 19
19. Notes that in the context of the UNCITRAL Working Group III discussions, the EU and its Member States are pursuing the establishment of a standing mechanism to resolve investment disputes: the multilateral investment court; stresses, however, that this proposal does not cover the modernisation of substantive protection standards; calls for the negotiations on this multilateral investment court to include a redress mechanism, strict rules on conflicts of interest and a code of conduct; considers that this new mechanism has to address investors’ obligations, prevent frivolous litigation, preserve the right to regulate in the public interest and avoid regulatory chill, guarantee judicial equality among investors (with particular attention to micro-enterprises and SMEs), independence, transparency and accountability;
2022/03/17
Committee: INTA
Amendment 153 #

2021/2176(INI)

Motion for a resolution
Paragraph 21
21. Points out that on a global scale in 2017, 2019 and 2020, more investment treaties were terminated than new IIAs concluded; notes that some recently concluded mega-regional IIAs employ an increasingly cautious approach to investor- state adjudication;
2022/03/17
Committee: INTA
Amendment 158 #

2021/2176(INI)

Motion for a resolution
Paragraph 22
22. Urges the Commission to develop an EU foreign investment strategy to incentivise and protect sustainable investments, in all its dimensions, with or without relying on investor- state adjudication;
2022/03/17
Committee: INTA
Amendment 27 #

2021/2043(INI)

Motion for a resolution
Recital D a (new)
D a. whereas fragmentation, restrictive national regulations, red-tape and gold- plating are creating unjustified barriers within the single market which deprive citizens of jobs, consumers of choices, and entrepreneurs of opportunities;
2021/09/08
Committee: IMCO
Amendment 36 #

2021/2043(INI)

G a. whereas the Professional Qualifications Directive is a key instrument to ensure the proper functioning of the single market but the lack of automatic recognition instruments for qualifications and skills between Member States is impeding the mobility of professionals and thereby creating unjustified barriers to the freedom of movement;
2021/09/08
Committee: IMCO
Amendment 53 #

2021/2043(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Points out that the price for inadequate implementation is paid by both businesses and consumers and encourages the Commission to prioritise adequate enforcement actions;
2021/09/08
Committee: IMCO
Amendment 75 #

2021/2043(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Regrets that Member States frequently use overriding reasons of public interest to isolate their domestic markets; highlights that requirements such as unfounded territorial restrictions, unnecessary language requirements and economic needs tests create unjustified barriers within the single market and calls on the Commission to improve the monitoring of Member States in this regard;
2021/09/08
Committee: IMCO
Amendment 77 #

2021/2043(INI)

Motion for a resolution
Paragraph 5 b (new)
5 b. Highlights that the rule of law must be upheld under any circumstances and reminds Member States of their legal notification obligations;
2021/09/08
Committee: IMCO
Amendment 84 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point a a (new)
a a) inadequate enforcement of EU legislation as well as long and complex procedures to resolve breaches of EU law, which result in barriers faced by businesses remaining unaddressed;
2021/09/08
Committee: IMCO
Amendment 102 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Stresses that the most effective way to reduce fragmentation of the single market and to avoid gold-plating is to aim for further harmonisation in the single market; stresses that this harmonisation should not lead, however, to more regulatory burden for companies;
2021/09/08
Committee: IMCO
Amendment 119 #

2021/2043(INI)

Motion for a resolution
Paragraph 9
9. Recognisegrets the insufficient use of the notification procedure under the Services Directive and the TRIS notification system (Directive (EU) 2015/1535); calls on Member States to fulfil their notification obligations; calls on the Commission to reflect on improvinge this framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, while remaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposal;
2021/09/08
Committee: IMCO
Amendment 122 #

2021/2043(INI)

Motion for a resolution
Paragraph 10
10. Stresses that barriers also derive from limited national administration capabilities to provide services in other languages, and from shortages of skills and infrastructure; calls on Member States to ensure that information and documents relating to market access are not only available in the official language of the Member State but also in English and other EU languages;
2021/09/08
Committee: IMCO
Amendment 132 #

2021/2043(INI)

Motion for a resolution
Paragraph 12
12. ConsiderRegrets that mutual recognition of professional qualification is seriously afferestricted by administrative barriers imposed by Member States; underlines that the automatic mutual recognition of diplomas, qualifications, skills and competences between Member States would strengthen the free movement of workers and services and urges Member States to extend mutual recognition to all levels of education and training and to improve or introduce the necessary procedures for that as soon as possible; encourages the Commission to eliminate undue restrictions on professional qualifications and to remain vigilant in pursuing infringement policies where Member States do not comply with EU legislation on the recognition of qualifications;
2021/09/08
Committee: IMCO
Amendment 139 #

2021/2043(INI)

Motion for a resolution
Paragraph 13
13. Is concerned by the insufficient access to information on mobility of services, as well as by the burdensome procedures in certain Member States to obtain essential documents such as the A1 form; calls on Member States to commit to providing the A1 form at short notice and, where possible, digitally; underlines that access to information, such as on domestic collective agreements where universally applicable and relevant, is obligatory under Directive 2014/67/EC and should be improved to facilitate compliance for businesses, this information should be available via the single digital gateway; calls on Member States to avoid creating disproportionate burdens for companies in the implementation of posting legislation and on the Commission to further harmonise existing rules;
2021/09/08
Committee: IMCO
Amendment 152 #

2021/2043(INI)

Motion for a resolution
Paragraph 14
14. Recognises that numerous barriers stem from the limited capacity of administrations to deliver high quality services in cross-border settings; calls on the Commission to promote the use of digital tools and urges Member States to commit fully to the digitalisation of public services; believes that digitalisation of public services and fully-fledged eGovernment capabilities remain essential to eradicate some of the onerous NTBs; recalls, in this regard, that the key provisions of the single digital gateway had to be in force in all EU Member States by 12 December 2020; underlines the importance of the ‘digital-by-default’ and ‘once only’ principles, which will save citizens and businesses time and money, in particular if used more widely; welcomes the proposal to add a single market obstacles tool to the single digital gateway;
2021/09/08
Committee: IMCO
Amendment 156 #

2021/2043(INI)

Motion for a resolution
Paragraph 15
15. Reiterates its repeated calls to speed upgrets that the implementation and broadenof the sSingle dDigital gGateway so as to provide to all users acis moving slowly; calls on Member States to dedicate sufficient resourcess to comprehensive information on single market rules and administrative procedures through a one- stop-shopswiftly implementing the Single Digital Gateway in an SME-friendly way by providing user-centered information on single market rules and administrative procedures in order to make it a virtual one-stop shop as far as possible; calls on Member States and the Commission to extend the scope of the Single Digital Gateway to all business relevant administrative procedures;
2021/09/08
Committee: IMCO
Amendment 159 #

2021/2043(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the Commission proposal to make SOLVIT the default tool for single market dispute resolution; Highlights the potential of making SOLVIT the default tool for single market dispute resolution; notes that despite awareness-raising activities by the Commission and Member States, SOLVIT is still unknown to many citizens and businesses; stresses that further measures should be taken by the Commission and Member States to increase its profile; notes that SOLVIT is based on recommendation rather than law and cannot make legally binding decisions; underlines that substantial improvements can be made to SOLVIT’s operations; regrets that some Member States fail to ensure adequate and stable staffing, continuity of service and an adequate level of knowledge of EU law in their SOLVIT centres as requested by the Commission in its Communication COM(2017) 255 final; notes that before giving SOLVIT more responsibilities, it must be ensured that Member States allocate sufficient resources to it;
2021/09/08
Committee: IMCO
Amendment 167 #

2021/2043(INI)

Motion for a resolution
Paragraph 17
17. Stresses that the international road haulage sector is subject to a number of NTBs restricting access to national markets, which limit its competitiveness, discriminate against transport companies from certain Member States and increase emissions; calls on Commission and Member States to abolish unnecessarpply restrictions on cabotage, and calls for the opening of the only when necessary, and calls for a fair and open freight and passenger transport services sector within the EU;
2021/09/08
Committee: IMCO
Amendment 172 #

2021/2043(INI)

Motion for a resolution
Paragraph 18
18. Welcomes in principle the Single Market Enforcement Taskforce (SMET), which aims to assess compliance of national law with single market rules and to prioritise the most pressing barriers; points out that the SMET should not just identify problems, but also provide solutions; calls on Commission and Member States to ensure the inclusion of stakeholders in the workings of SMET;
2021/09/08
Committee: IMCO
Amendment 175 #

2021/2043(INI)

Motion for a resolution
Paragraph 19
19. Recalls that so far the Commission’s plan to step up enforcement of EU law by means of the SMET has only delivered limited results; calls on the Commission to present in due time concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actionsregrets that SMET lacks transparency in its ways of work; calls on Commission and Member States to ensure that SMET publishes lists of participants, agendas and minutes of its meetings on the Commission website; notes that the Commission in its “long term action plan for better implementation and enforcement of single market rules” (COM(2020) 94 final) stated that “the SMET will regularly inform the Competitiveness Council and the European Parliament’s Internal Market and Consumer Protection Committee”; urges on the Commission to present concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actions, by the end of 2021; calls on Commission and Member States to publish an annual report about the workings of SMET and deliver it to the European Parliament’s Committee on the Internal Market and Consumer Protection and the Competitiveness Council;
2021/09/08
Committee: IMCO
Amendment 203 #

2021/2043(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Urges Member States to set annual national targets for the eradication of non-tariff and non-tax barriers; recommends the Commission to use the Single Market Scoreboard to rank Member States according to their intra- EU trade openness, as exemplified in the European Innovation Scoreboard, since this would encourage credible, concrete and measurable commitments to remove remaining obstacles in the single market;
2021/09/08
Committee: IMCO
Amendment 210 #

2021/2043(INI)

Motion for a resolution
Paragraph 25
25. Recalls that the initial response to the pandemic by Member States and the Commission did not take into account the needs of the single market, and recalls the serious impact this has had on the free cross-border movement of persons, goods and services;
2021/09/08
Committee: IMCO
Amendment 212 #

2021/2043(INI)

Motion for a resolution
Paragraph 26
26. Welcomes the NextGenerationEU recovery package, the EU guidelines for border management, transport green lanes, the EU Digital COVID Certificate to facilitate free movement, and further measures which aim to allow the single market to operate normally; regrets that some Member States have introduced additional travel restrictions such as quarantine for some holders of the Digital Green Certificate; notes that these restrictions are particularly burdensome for cross-border and posted workers;
2021/09/08
Committee: IMCO
Amendment 214 #

2021/2043(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Welcomes the Commission’s proposal to present a Single Market Emergency Instrument; calls on the Commission to develop it as a legally binding structural tool to ensure the free movement of persons, goods and services in case of future crises;
2021/09/08
Committee: IMCO
Amendment 2 #

2021/2040(INI)

Motion for a resolution
Recital A a (new)
A a. Whereas the EU has the strictest toy safety legislation in the world that is widely regarded as a global benchmark.
2021/07/13
Committee: IMCO
Amendment 4 #

2021/2040(INI)

Motion for a resolution
Recital A b (new)
A b. Whereas play is recognised as every child’s right by the United Nation’s Convention on the Rights of the Child, to which all EU member states are signatories; playing contributes to children’s development, health and wellbeing and is an essential part of growing up; studies show toys have can enrich play and keep children playing for longer;
2021/07/13
Committee: IMCO
Amendment 5 #

2021/2040(INI)

Motion for a resolution
Recital A c (new)
A c. Whereas the EU’s strict toy safety framework is designed to ensure children enjoy the safest play experience possible;
2021/07/13
Committee: IMCO
Amendment 6 #

2021/2040(INI)

B a. Whereas the effectiveness of the EU’s TSD is too often undermined by the actions of rogue traders and by the online sale of non-compliant products.
2021/07/13
Committee: IMCO
Amendment 7 #

2021/2040(INI)

Motion for a resolution
Recital B b (new)
B b. Whereas toy safety rules are stricter than rules for other consumer products that children are exposed to such as clothes, bedlinen, stationery, video game controllers and mobile phones.
2021/07/13
Committee: IMCO
Amendment 8 #

2021/2040(INI)

Motion for a resolution
Recital C
C. whereas, despite the lack of comprehensive data on its full impact, the number of companies operating in the market since the full application of the TSD increased by 10 % from 2013 to 2017, while the turnover of the EU toy industry has constantly increased since its entry into force; whereas 99 % of companies in the sector are SMEs; and the majority of these companies are micro-enterprises; whereas the Joint Research Centre has estimated that the TSD has led to a 13% increase of costs for materials for small & medium sized EU manufacturers.
2021/07/13
Committee: IMCO
Amendment 11 #

2021/2040(INI)

Motion for a resolution
Recital D
D. whereas the toy safety directive requires that toys, including the chemicals they contain, are safe, specific requirements and standards can be adapted in case of scientific and technological developments that show the constant emergence of previously unknown risks and challenges related to toys that call for quick adaptations;
2021/07/13
Committee: IMCO
Amendment 18 #

2021/2040(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s evaluation report on the TSD, aiming at assessing its functioning since its entry into force; regrets the lack of harmonization in the elaboration of the reports and also in data gathering; stresses the need for transparency and urges the Member State and the Commission to publish the periodic reports from all the MS;
2021/07/13
Committee: IMCO
Amendment 19 #

2021/2040(INI)

Motion for a resolution
Paragraph 2
2. Acknowledges the added value of the TSD in improving the safety of children and ensuring an equal level of protection across the single market, compared to the previous directive, and its role in providing legal certainty and a level playing field for the businesses from European Union; regrets that a big part of the third country manufacturers that are selling their products in theSingle Market, especially through the on-line market, do not comply with the European legislation and many toys sold in the EU are still posing significantly, sometimes deadly, threats to children;
2021/07/13
Committee: IMCO
Amendment 23 #

2021/2040(INI)

Motion for a resolution
Paragraph 3
3. Recognises the key role of standards in allowing for the efficient and agile application of the directive by manufacturers, as well as the role of notified bodies in ensuring compliance when standards are not available or are not applied; regrets the scarcity of the notified bodies insome regions or Member States;
2021/07/13
Committee: IMCO
Amendment 28 #

2021/2040(INI)

Motion for a resolution
Paragraph 4
4. Notes, however, that inconsistencies that call for a revision of the TSD remain; further efforts are needed to ensure the strict safety requirements that are applied by all economic operators and that children enjoy a similar level of protection in relation to other products designed for their use; invites the Commission to continue its evaluation process before a possible revision of the TSD to have targeted updates on the legislation, if needed.
2021/07/13
Committee: IMCO
Amendment 35 #

2021/2040(INI)

Motion for a resolution
Paragraph 6
6. Highlights the need for toys that are placed on the EU market to comply with the TSD, as well as the relevant EU legislation on chemicals, in particular the REACH Regulation , the Cosmetics Regulation, the Food Contact Material Regulation, the Batteries Directive, the CLP Regulation, POPs Regulation and the RoHS Directive;
2021/07/13
Committee: IMCO
Amendment 38 #

2021/2040(INI)

Motion for a resolution
Paragraph 7
7. Stresses that spreading out requirements across several pieces of legislation, and providing for different limit values, can be burdensome and can, in some cases, necessitate duplicate the measuring of substances, as in the case of migration and content limit values; calls on the Commission, therefore, to consider consolidating all applicable limits for toys in onehighlights such approach is needed because the diversity of toys and the need for consistency with legislation for other similar products; calls on the Commission to facilitate the navigation of these different pieces of legislation in order to streamline conformity assessment; for both the market surveillance authorities and economic operators by establishing a data base that clarifies what is required in which circumstances.
2021/07/13
Committee: IMCO
Amendment 44 #

2021/2040(INI)

Motion for a resolution
Paragraph 8
8. Considers that the derogation from the prohibition of chemicals that are carcinogenic, mutagenic or toxic to reproduction (CMRs) set out in the TSD allows for the presence of those chemicals in concentrations that are too high to ensure the protection of childrentoys; calls on the Commission urgently to substantially reduce the generic limits for derogated CMRs in the TSD; insists that, in line with according to the recommendations made by the scientifical body taking into account the real threat to the health of the children; reminds that as part of the Chemicals Strategy for Sustainability, the possibility to derogate from European Commission intends to further restrict CMRs under REACH; calls on the Commission to also target toys, when further ruleestrictions on the presence of CMRs in parts of the toy that are inaccessible to the child should be deletedconsumer goods are proposed under horizontal legislation such as REACH and RoHS;
2021/07/13
Committee: IMCO
Amendment 51 #

2021/2040(INI)

Motion for a resolution
Paragraph 9
9. Underlines that lower limit values for chemicals such as nitrosamines and nitrosatable substances in specific toys intended for children below three year old or intended to be placed in the mouth set out at national level compared to those established in the TSD create inconsistencies, even when justified by the Commission; notes, however, that all EU children should enjoy the same high level of protection; acknowledges that this limit value cannot be amended by an implementing act but would require a legislative procedurethat the Commission mandated the European Standardisation Committee CEN in March 2012 to revise the limits for nitrosamines and the lower limits were included in the standard EN 71-12:2016; calls on the Commission, theo refoere, to adapt the limit value to the strictest value in force at national level in a revision of the TSDnce this standard, including the lower limit values for nitrosamines and nitrosatable substances, in the EU Official Journal as soon aspossible;
2021/07/13
Committee: IMCO
Amendment 58 #

2021/2040(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Commission to propose a hazard identification procedure for endocrine disruptors, based on the definition of the World Health Organization (WHO) and other scientific bodies, and to apply it in a future revision of the TSD to ensure that endocrine disruptors are banned in toys as soon as they are identified if they are representing a threat to the health of the child or if they are in the parts of the toys that are prone to substance transfer, as well as to consider introducing horizontal legislation with that aim, as repeatedly requested by Parliament and by the Council;
2021/07/13
Committee: IMCO
Amendment 65 #

2021/2040(INI)

Motion for a resolution
Paragraph 11
11. Is concerned that the stricter provisions for chemicals in toys intended for children aged under 36 months do not take into account the fact that some older children remain vulnerable to dangerous substances; notes that this distinction can result ine need of regulations that will prevent manufacturers from circumventing the provisions by indicating that the toy is intended for children above 36 months even when it is clearly not the case; stresses that several stakeholders and Member States have indicated that this distinction is clearly inadequate and asked for it to be eliminacorrectly implemented; calls on the Commission, therefore, to do so in its revision of the TSDmake an extensive inquiry and in full accordance with the latest scientific evidence of the neuro-motor and psychologic developments of the children according to their age to evaluate if an elimination is needed and to proceed accordingly;
2021/07/13
Committee: IMCO
Amendment 68 #

2021/2040(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Appreciates that the TSD sets stricter provisions for chemicals in toys intended for children aged under 36 months and toys intended to be placed in the mouth to deal with the risk of chemicals that migrate through oral exposure which is particularly present until the age of 24 months old; notes that these limit values have high safety margins and are based on the low body weight of young children, but insists that notwithstanding the high safety margin that already exist, if a chemical is seen as hazardous for children, it should be limited or restricted in all children's goods according to the recommendations of the specialists; calls on the Commission to use REACH to deal with additional restrictions for toys for older children.
2021/07/13
Committee: IMCO
Amendment 75 #

2021/2040(INI)

Motion for a resolution
Paragraph 12
12. Notes that the TSD contains an obligation for Member States to perform market surveillance undertaking due account of the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, putting the health and safety of children at risk and undermining the level playing field for economic operators that comply with the legislation, to the benefit of rogue traders, who do not;
2021/07/13
Committee: IMCO
Amendment 81 #

2021/2040(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening and harmonising controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fully also by making available the necessary resources (budget and staff);
2021/07/13
Committee: IMCO
Amendment 92 #

2021/2040(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies such as e-labelling, blockchain and artificial intelligence to facilitate the work of market surveillance authorities by providing easily accessible and structured information on products and their traceability;
2021/07/13
Committee: IMCO
Amendment 96 #

2021/2040(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Underlines the importance of well- trained market surveillance officers, including customs officials. Calls on the Commission to finance and coordinate EU-wide training on applying the TSD
2021/07/13
Committee: IMCO
Amendment 105 #

2021/2040(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Calls on Member States to make sure market surveillance activities are robustly financed;
2021/07/13
Committee: IMCO
Amendment 106 #

2021/2040(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Is concerned that counterfeit toys can put children at risk and have a negative impact on toy companies that apply all safety requirements; believes it is essential that Know Your Business Customer Requirements are adopted for all types of online intermediaries; welcomes specific operations from law enforcement authorities targeting counterfeit toys, such as Operation Ludus from Europol (2020).
2021/07/13
Committee: IMCO
Amendment 129 #

2021/2040(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Highlights concerns that rogue traders can exploit loopholes that may result in unsafe toys being placed on the market, particularly when a seller is based outside the EU and there is usually no EU-based manufacturer, importer or distributor who is liable for the safety of a toy;
2021/07/13
Committee: IMCO
Amendment 135 #

2021/2040(INI)

Motion for a resolution
Paragraph 20
20. Stresses that online marketplaces should take additional steps to ensure the safety and compliance of toys sold on their platforms; insists in the strongest terms, in this sense, that it is fundamental to ensure full consistency between different instruments such as the Digital Services Act and the future legislative act revising the GPSD when it comes to the responsibility of online marketplaces and the liability of traders, under the principle ‘what is illegal offline is illegal online’;
2021/07/13
Committee: IMCO
Amendment 138 #

2021/2040(INI)

Motion for a resolution
Paragraph 21
21. Highlights the added value of the ‘know your business customer’ principle to increase compliance of toys sold online and traceability of toys sold online; regrets that the product safety pledge has shown limited effects so far; calls, therefore, for increased responsibilities for online marketplaces to detect and remove unsafe and non- compliant toys from their platforms and prevent their reappearanceraders on online market places ; acknowledge the results of the product safety pledge while highlighting its voluntary character and a limited participation of marketoperators ; calls, therefore, for enhanced cooperation of online marketplaces with market surveillance authorities on product safety issues, especially in removing an illegal product upon an order received by relevant authorities and in eliminating or mitigating the risk presented by a product offered online.;
2021/07/13
Committee: IMCO
Amendment 142 #

2021/2040(INI)

Motion for a resolution
Paragraph 22
22. Highlights the need to step up cooperation with non-EU countries; to fight more effectively against unsafe and non-compliant toys while ensuring a levelplaying field for European companies; calls on the Commission to publish information on its monitoring activities;
2021/07/13
Committee: IMCO
Amendment 149 #

2021/2040(INI)

Motion for a resolution
Paragraph 25
25. Considers it essential to provide for a broader scope for amendments inInvites the Commission to assess the scope of the future revision, including mechanical and physical requirements if and where necessary in particular for children under 36 months, limit values for nitrosamines, labelling provisions for allergenic fragrances and CMRs;
2021/07/13
Committee: IMCO
Amendment 153 #

2021/2040(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to clarify the definition of ‘grey zone’ products in the future revision of the TSD; stresses the need for an opened and constructive dialog with all the stakeholders to redefine toys so to eliminate confusion and grey-zones as much as possible.
2021/07/13
Committee: IMCO
Amendment 155 #

2021/2040(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Considers that clear and up-to date guidance documents are essential for harmonized implementation of the TSD. Guidance helps both market surveillance authorities and economic operators to deal with ‘grey zone’ cases, such as when there is doubt about the correct age classification; calls on the Commission to keep Guidance documents updated, with priority given to revisions of guidance document No. 11 on age classification and of the TSD technical documentation guidance.
2021/07/13
Committee: IMCO
Amendment 156 #

2021/2040(INI)

Motion for a resolution
Paragraph 26 b (new)
26 b. Highlights the important role of the toys in the development and formation of the children, the support from the pedagogical point of view in performing new tasks and improvement of learning skills from a very young age; calls on the Commission to revise the toy directive considering improving the safety of toy and in the same time reducing the burden and the administrative and legal costs of the manufacturers in order to ensure a clear path to safe and affordable toys for all children in the European Union.
2021/07/13
Committee: IMCO
Amendment 158 #

2021/2040(INI)

Motion for a resolution
Paragraph 27
27. Calls on the Commission to introduce mandatory labelling for toys, providing the consumer at the time of purchase with clear, easily understandable and comparable information on a toy’s estimated lifetime, the extent to which it is reparable and the availability of spare parts, including, where relevant, the availability of the necessary software, and setting out options for repair;Delete
2021/07/13
Committee: IMCO
Amendment 161 #

2021/2040(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Considers that warnings and safety information are important for consumers. Additional labelling requirements should be kept to a minimum to avoid attention is diverted from this; calls on the Commission to assess the possibility to indicate conformity information not intended for the final consumer electronically;
2021/07/13
Committee: IMCO
Amendment 164 #

2021/2040(INI)

Motion for a resolution
Paragraph 27 b (new)
27 b. Urges the Commission to foster the use of innovative and digital solutions to make information available to consumers and minimise packaging materials while ensuring that safety information is clearly identifiable.
2021/07/13
Committee: IMCO
Amendment 166 #

2021/2040(INI)

Motion for a resolution
Paragraph 27 d (new)
27 d. Is concerned by the proliferation of national legislation impacting labelling and information requirements to be displayed on packaging; considers that consumers and the value chain need information to drive more sustainable behavior but measures should be proportionate and not restrictive in a manner contrary to Article 34of the TFEU; believes a single EU-approach should be considered for example through the upcoming revision of the EU Packaging & Packaging WasteDirective
2021/07/13
Committee: IMCO
Amendment 173 #

2021/2040(INI)

Motion for a resolution
Paragraph 29 a (new)
29 a. Calls on the Commission to introduce in the revision of the TSD a data base and templates regarding the data needed for the evaluation of the Regulation that shall beused by all the Member States, all the marketing surveillance authorities and all the notified bodies allowing to gather the same information at the European level and ensuring a harmonized data collection.
2021/07/13
Committee: IMCO
Amendment 174 #

2021/2040(INI)

Motion for a resolution
Paragraph 30
30. Calls on the Commission to use the opportunity provided by the TSD revision to introduce indicators to monitor its implementation and effectiveness; urges the Commission to establish a harmonized report comprising the same type of data and the same sections to be submitted regularly by all the Member States to ensure a high quality, non-biased and fact based evaluation of the Regulation.
2021/07/13
Committee: IMCO
Amendment 177 #

2021/2040(INI)

Motion for a resolution
Paragraph 30 a (new)
30 a. The Commission shell elaborate the general report at the Union level based on the reports gathered from all the Member States. The final report and the reports from the Member State shall be public and easily accessible by all the interested parties.
2021/07/13
Committee: IMCO
Amendment 1 #

2021/2038(INI)

Draft opinion
Paragraph -1 (new)
-1. Underlines that the European Union and the United States have the most integrated economic relationship in the world, which is also the largest and deepest bilateral trade and investment relationship with bilateral trade in goods and services accounting for more than 1 trillion euros per year; emphasises the importance of reinvigorating our Transatlantic relationship as historic allies and trading partners with the aim of promoting multilateralism, an open rules- based trading system and finding common solutions to pressing global challenges, including the global health crisis; stresses that improved trade relations between the EU and the US will benefit citizens and businesses on both sides of the Atlantic;
2021/05/28
Committee: INTA
Amendment 2 #

2021/2038(INI)

Draft opinion
Paragraph -1 a (new)
-1a. Highlights that the Covid-19 crisis has not reduced but reinforced the need for closer cooperation between the EU and the US, including on the manufacturing and distribution of vaccines;
2021/05/28
Committee: INTA
Amendment 3 #

2021/2038(INI)

Draft opinion
Paragraph 1
1. Identifies trade policy as a strategic geopolitical tool for the transatlantic agenda; highlights the need to identify joint actions based on shared interests and values in order to contribute to a global sustainable and inclusive economic recovery; stresses that ‘workers and wages’ and more resilient and responsible supply chains should be at the core of such an agenda taking into account that our economic relations are also intertwined with our security interests; therefore welcomes the positive signals from the Biden administration to strengthen bilateral relations with the EU, and calls for renewed cooperation that should bring lasting and concrete results in the years to come; highlights the need to identify joint actions based on shared interests and values in order to contribute to a global sustainable and inclusive economic recovery; emphasises the need to reform the global trading system, so that it improves the global level-playing field and to work together to develop new rules, in particular with regard to unfair trade practices, as unfair competition is heavily affecting our companies and workers; notes that the US trade policy agenda focuses on ‘workers and wages’ and more resilient and responsible supply chains;
2021/05/28
Committee: INTA
Amendment 17 #

2021/2038(INI)

Draft opinion
Paragraph 2
2. Welcomes the US support for the new Director-General of the WTO, the US’s return to the Paris Agreement, the WTO tariff rate quota agreement and the temporary suspension of Airbus Boe's return to the Paris Agreement; also welcomes, the swift conclusion of the WTO TRQ agreement, which was the first agreement with the US under the new Biden administration and demonstrates the willingness of this new administration to seek agreements with the EU ing tariffshe WTO framework;
2021/05/28
Committee: INTA
Amendment 20 #
2021/05/31
Committee: AFET
Amendment 22 #

2021/2038(INI)

Draft opinion
Paragraph 2 a (new)
2a. Welcomes the four-month temporary suspension of Airbus Boeing tariffs as a positive step to finding a lasting solution to removing additional tariffs and proposing new rules for civil aircraft subsidies; notes that the suspension of Airbus Boeing tariffs will end in July, and urges that these tariffs are permanently lifted;
2021/05/28
Committee: INTA
Amendment 27 #

2021/2038(INI)

Draft opinion
Paragraph 2 b (new)
2b. Notes the move by the Commission to suspend the increase of tariffs against US imports related to the dispute on aluminium and steel; urges the US to remove section 232 tariffs on steel and aluminium and emphasises the need to address the concerns related to the steel and aluminium excess capacity from third countries;
2021/05/28
Committee: INTA
Amendment 32 #

2021/2038(INI)

Draft opinion
Paragraph 3
3. Recognises at the same time that some diverging interests remain; in this regard, urges both sides to resolve bilateral disputes; urges the US to remove unilateral trade measures and refrain from taking further ones; urges the removal of section 232 tariffs on steel and aluminium; calls for a rapid and lasting solution on aircraft subsidias European companies cannot be considered a national security threat; calls for a rapid and lasting solution on aircraft subsidies; and calls for the EU-US Summit in June to be used to seek progress and potentially solve these issues;
2021/05/28
Committee: INTA
Amendment 32 #

2021/2038(INI)

Motion for a resolution
Recital B
B. whereas the EU and the US share a fundamental interest in shaping the international environment, according to a shared worldview based on democracy, the rule of law, fundamental rights, and individual freedom;
2021/05/31
Committee: AFET
Amendment 45 #

2021/2038(INI)

Draft opinion
Paragraph 4
4. Calls for enhanced cooperation on WTO reform, including reinstating the appellate body,Welcomes the US support for the new WTO Director General Ngozi Okonjo-Iweala; calls for enhanced cooperation on WTO reform to make the WTO ready for the green and digital transitions, and address the paralysis of the WTO appellate body as an urgent matter; calls for the need to regulatinge trade in health products, settingdevelop rules for digital trade, set an ambitious environmental agenda, and agreeing on concrete deliverables for the 12th WTO Ministerial Conference (MC12); encourages both sides to stick topromote multilateral agreements and trade based on rules;
2021/05/28
Committee: INTA
Amendment 46 #

2021/2038(INI)

C. whereas the election of Joe Biden as President of the United States and Kamala Harris as Vice-President has created new opportunities to resetvitalize the transatlantic relationship;
2021/05/31
Committee: AFET
Amendment 62 #

2021/2038(INI)

Motion for a resolution
Recital F
F. whereas constructive dialogue is needed to address the transatlantic divffergences;
2021/05/31
Committee: AFET
Amendment 65 #

2021/2038(INI)

Motion for a resolution
Recital G
G. whereas, while pursuing transatlantic cooperation in areas of shared interest, the EU should also foster it is complementary to EU advance towards strategic autonomy in defence and economic relations as a means to strengthen the transatlantic bond and increase the joint leverage of the EU and the U.S. on the world scene;
2021/05/31
Committee: AFET
Amendment 77 #

2021/2038(INI)

Draft opinion
Paragraph 6
6. While promoting dialogue and common action, calls on the Commission to assertively promote the EU’s interests and react to US unwarranted duties, extraterritorial sanctions and market barriers, including in public procurement; calls for a dialogue on the Buy American Act and address market access issues for EU companies in public procurement and enhance access to markets for services;
2021/05/28
Committee: INTA
Amendment 82 #

2021/2038(INI)

Motion for a resolution
Recital I
I. whereas both the EU and the US share a number of new common challenges such as combatting technology-enabled attacks and securing digital infrastructure, mitigating the socio- economic impact of the pandemic, the promotion ofng global health, addressing the climate emergency, the fighting against global criminal networks, and advancing the digital and green transformation as a means of sustainable modernisation;
2021/05/31
Committee: AFET
Amendment 86 #

2021/2038(INI)

Draft opinion
Paragraph 7
7. Encourages both sides to engage in an ambitious dialogue and find a framework for joint action and look for selective agreements, such as on trade & technology as well as conformity assessments which will particularly benefit SMEs; calls for a stronger regulatory, green and digital partnership through the Trade and Technology Council and a coordinated approach to critical technologies, a carbon border adjustment mechanism andsetting international standards for critical and emerging technologies, such as artificial intelligence, and digital trade more broadly; welcomes the proposal by the Commission for a Transatlantic AI Agreement to set such standards and develop ethical guidelines; and find common grounds for a CBAM as well as digital and global taxes.
2021/05/28
Committee: INTA
Amendment 105 #

2021/2038(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to reassert the continued relevance of the strategic transatlantic relationship for the rebuilding and reinvigorating of the multilateral rules- based international order, the global strengthening of democrastrengthening democracy worldwide, shaping the rules of the digital future according to shared transatlantic values, and the promotion ofng human rights, sustainable development and inclusive growth;
2021/05/31
Committee: AFET
Amendment 117 #

2021/2038(INI)

Motion for a resolution
Paragraph 3
3. Calls for a new transatlantic agenda that privileges cooperation on digital and technology issues, multilateral cooperation for a healthier world, the fight against climate change, promotion of peaceful resolution of conflicts and reform of economic governance, by puttingand the fight against inequalities at its centre;
2021/05/31
Committee: AFET
Amendment 119 #

2021/2038(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on the EU and the U.S. to operationalize a Trade and Technology Council and a Transatlantic Agreement on Artificial Intelligence, as called for by the joint communication on a new EU-US agenda for global change;
2021/05/31
Committee: AFET
Amendment 136 #

2021/2038(INI)

Motion for a resolution
Paragraph 5
5. Calls for strengthened interparliamentary cooperation between Members of the European Parliament and Members of Congress in different thematic areas that could enable the exchange of best practices on global, but also on shared, domestic challenges, such as supporting innovation and education for the digital age, addressing economic and social inequality, protection ofng human rights and democratic standards, universal health coverage, legislative convergence on AI, responsibility oftechnology, and online platforms, and a just transition towards climate neutrality;
2021/05/31
Committee: AFET
Amendment 159 #

2021/2038(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls for increased EU-US coordination and joint action at the global level for maintaining technological leadership, setting global standards in technology and internet governance, and shaping the development of emerging and critical technologies such as artificial intelligence, quantum computing, biotechnology, 5G and 6G in accordance with democratic values;
2021/05/31
Committee: AFET
Amendment 161 #

2021/2038(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Calls for increased EU-US joint funding of cutting-edge projects based on frontier technologies, increased joint investments in research and development, increased people-to-people academic exchanges in STEM, and increased joint support for technology start-ups and SMEs;
2021/05/31
Committee: AFET
Amendment 162 #

2021/2038(INI)

Motion for a resolution
Paragraph 7 c (new)
7c. Highlights that non-democratic regimes such as China increasingly use technology to control and repress their citizens restricting the exercise of fundamental, social, and political rights; calls for increased EU-US cooperation in developing human-centric technology that respects privacy and reduces biases and discrimination;
2021/05/31
Committee: AFET
Amendment 273 #

2021/2038(INI)

Motion for a resolution
Paragraph 18
18. Considers it necessary to foster cooperation not only on traditional security threats, but also on new ones such as hostile foreign technological dominance, hybrid threats, disinformation and cybersecuritycyber-attacks, attacks on critical digital infrastructure such as 5G and intercontinental undersea cables;
2021/05/31
Committee: AFET
Amendment 278 #

2021/2038(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on the EU and the U.S. to leverage technology to consolidate democracy and the functioning of democratic institutions and to protect against malign foreign interference, including by developing new and effective collective deterrence and response mechanisms for state-sponsored technology-enabled subversion such as election interference, fake news, fake science, and disinformation; to this end, calls for the EU and the US to spearhead the establishment of a global alliance of digital democracies;
2021/05/31
Committee: AFET
Amendment 361 #

2021/2038(INI)

Motion for a resolution
Paragraph 23
23. Calls for a comprehensive EU-US dialogue on China that should address theand seek to find common ground on areas of divergence, such as the Comprehensive Agreement on Investments, and explore possibilities for EU-US cooperationengagement with China in multilateral frameworks on commonglobal challenges, such as climate change;
2021/05/31
Committee: AFET
Amendment 364 #

2021/2038(INI)

Motion for a resolution
Paragraph 24
24. Underscores the need to explore areas of convergence and possible cooperation with the US on China, notably regarding the protection of human and minority rights, de-escalation of tensions in South-East Asia and protecting South- East Asian democracies, coordination of actions in the Indo-Pacific region, setting global technological standards, securing critical infrastructure and supply chains for critical technology components, protecting intellectual property rights and the fight against, fighting disinformation; supports closer coordination on these and other issues of common concern;
2021/05/31
Committee: AFET
Amendment 384 #

2021/2038(INI)

Motion for a resolution
Paragraph 25
25. Calls for close cooperation to jointly address the range of threats emanating from the Russian Federation, such as the territorial breaches of Ukraine and Georgia, the continued destabiliszation of Ukraine and Georgiand interference in the Republic of Moldova, interferences in democratic processes in the EU and the US, hybrid, military and cyber threats and disinformation campaigns, while at the same pursuing selective cooperationengagement in the areas of shared transatlantic interest, notably in the area of arms control;
2021/05/31
Committee: AFET
Amendment 421 #

2021/2038(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Calls for a joint EU-US strategy on Africa that supports democracy, inclusive and sustainable development, human rights, digitalization, education, and gender equality, mitigates the impact of climate change and its demographic implications, reduces Chinese exploitation of Africa’s natural resources and ensures their sustainable use, and engages with Africa as an economic, social, and political partner of both the EU and the U.S.;
2021/05/31
Committee: AFET
Amendment 3 #

2021/2037(INI)

Draft opinion
Paragraph 1
1. Notes that in 2020, in the COVID- 19 context, China for the first time ranked as the EU’s largest partner for trade in goods, with the trade balance further deteriorating to the EU’s detriment; calls on the Commission to deeply analyse the EU's dependency on China in certain strategic and critical sectors, as the pandemic has revealed, using all our policies and setting out plans to make our supply chains more resilient, more diversified and reduce dependency;
2021/05/27
Committee: INTA
Amendment 20 #

2021/2037(INI)

Draft opinion
Paragraph 2
2. Is convinced that the EU-China bilateral trade and investment relationship is of strategic importance and should be rules-based, with the multilateral trading system and the notion of reciprocity at its core;
2021/05/27
Committee: INTA
Amendment 30 #

2021/2037(INI)

Draft opinion
Paragraph 3
3. Is concerned about the increasingly unbalanced EU-China bilateral economic and trade relationship; stresses that rebalancing and a more level playing field are vital to EU interests; recalls the overall objective for the European Union to build its open strategic autonomy;
2021/05/27
Committee: INTA
Amendment 37 #

2021/2037(INI)

Draft opinion
Paragraph 4
4. Repeats its deep concern about the many barriers that European businesses face when accessing and operating on the Chinese market; is worried that China’s ‘dual circulation strategy’ referred to in its 14th Five Year Plan will further deteriorate the business environment for EU companies; is extremely concerned that several international companies, notably in the apparel and textiles sector, have been subject to an extensive and widespread boycott after expressing concern about the reports on forced labour in Xinjiang and taking the decision to cut supply-chain ties with Xinjiang; strongly condemns the aggressive political coercion exercised against them by the Chinese Government; highlights again its particular concern about the market distorting practices of Chinese state-owned enterprises, forced technology transfers and data localisation, industrial overcapacity in sectors such as steel and the related dumping of exports, and other unfair trading practices; calls on the Commission and the Member States to step up their cooperation at WTO-level with like-minded allies to develop a joint approach to tackle these Chinese unfair trading practices, including a new initiative on fighting counterfeiting;
2021/05/27
Committee: INTA
Amendment 45 #

2021/2037(INI)

Draft opinion
Paragraph 4 a (new)
4 a. calls on China to play a more active part in multilateral initiatives at WTO-level such as the Trade and Climate, Trade and Health and the implementation of the SDGs; calls on China to play a more active role in the WTO reform, especially in restoring all the WTO dimensions, from monitoring, creating new rules and solving disputes; urges China to fully comply with all its WTO obligations;
2021/05/27
Committee: INTA
Amendment 52 #

2021/2037(INI)

Draft opinion
Paragraph 4 b (new)
4 b. calls on the Member States to allow for a swift adoption of an International Procurement Instrument to ensure reciprocal access to third country public procurement markets, in order to help European businesses which are facing discrimination and lack of access to the Chinese public procurement markets that remain largely closed;
2021/05/27
Committee: INTA
Amendment 63 #

2021/2037(INI)

Draft opinion
Paragraph 5
5. WelcomNotes the conclusion at the political level of the EU-China Comprehensive Agreement on Investment (CAI); recalls that the CAI has to be considered in the context of a strengthened EU toolbox of unilateral measures; underlines it will thoroughly scrutinise the agreement, including its sustainable development section, and take stock of the human rights context, before determining its position; highlights the European Parliament resolution of 20 May 2021 on Chinese countersanctions on EU entities and MEPs and MPs which states that any consideration of CAI, as well as any discussion on ratification by the European Parliament, has justifiably been frozen because of the Chinese sanctions in place; notes that in its resolution the European Parliament demands that China lift the sanctions before Parliament can deal with the CAI, without prejudice to the final outcome of the CAI ratification process;
2021/05/27
Committee: INTA
Amendment 77 #

2021/2037(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Highlights the urgent need to re- balance EU-China relations through the adoption of a more assertive toolbox of autonomous measures while recognising the need to maintain an open dialogue with Chinese government on other common challenges such as the global fight against climate change;
2021/05/27
Committee: INTA
Amendment 79 #

2021/2037(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Calls on the Commission to propose an EU mandatory and horizontal due diligence legislation as a matter of urgency in order to ensure that EU companies and non-EU companies operating in the Single Market respect human rights, social and environmental standards through their supply chain as well as to eliminate the risk of forced labour and human rights abuses from their supply chains;
2021/05/27
Committee: INTA
Amendment 84 #

2021/2037(INI)

Draft opinion
Paragraph 5 c (new)
5 c. Is extremely concerned by the recent unilateral trade-related measures taken by China against Australia in retaliation to the Australian critics on the Chinese COVID-19 crisis management; calls on the Commission, in this very worrying context, to propose urgently its instrument to deter and counteract coercive actions by third countries in order to be able in future to respond to any illegal and unilateral measures adopted against the EU interests and international law;
2021/05/27
Committee: INTA
Amendment 86 #

2021/2037(INI)

Draft opinion
Paragraph 5 d (new)
5 d. Urges the Commission to present a blacklist and to propose an instrument to ban on the importation of goods produced using child labour or any other form of forced labour or modern slavery;
2021/05/27
Committee: INTA
Amendment 88 #

2021/2037(INI)

Draft opinion
Paragraph 5 e (new)
5 e. Reiterates its full support to the EU FDI Screening Regulation, putting in place for the first time an EU-level mechanism to coordinate the screening of foreign investments in strategic sectors; calls on Member States to adopt urgently a national screening mechanism if they do not have one yet, in line with the Commission guidelines from March 2020; recalls the importance to strengthen the existing EU FDI Screening Regulation in order to make sure that any potential investments which could be a threat to the EU security and public order, in particular with regard to Chinese state- owned and state-controlled enterprises in European strategic sectors, are blocked;
2021/05/27
Committee: INTA
Amendment 89 #

2021/2037(INI)

Draft opinion
Paragraph 5 f (new)
5 f. welcomes the Commission regulation proposal on foreign subsidies distorting the internal market; calls for a swift adoption of this regulation, making sure that thresholds and the procedures allow for an efficient instrument, in order to tackle the Chinese unfair trading practices in the European Single Market;
2021/05/27
Committee: INTA
Amendment 90 #

2021/2037(INI)

Draft opinion
Paragraph 5 g (new)
5 g. Takes note of the recently agreed Regional Comprehensive Economic partnership (RCEP) and highlights the absence of provisions on trade and sustainability, including labour and social standards, environmental and climate objectives; calls on the Commission to analyse the impacts of the RCEP on the EU presence in the region;
2021/05/27
Committee: INTA
Amendment 91 #

2021/2037(INI)

Draft opinion
Paragraph 5 h (new)
5 h. Reiterates its call on the Commission and the Council to start the scoping exercise and formally launch the negotiations with Taiwan for an Investment Agreement;
2021/05/27
Committee: INTA
Amendment 92 #

2021/2037(INI)

Draft opinion
Paragraph 6
6. Welcomes the entry into force of the EU-China Agreement on geographical indications (GIs), and reiterates the importance of effective and exemplary implementation of the Agreement; underlines that this limited agreement on GIs could serve as a model and basis for future GIs agreements; highlights the crucial role that the Chief Trade Enforcement Officer (CTEO) will play in monitoring and improving compliance with this Agreement; calls on the CTEO to react immediately in the event that the Agreement is not implemented correctly.
2021/05/27
Committee: INTA
Amendment 10 #

2021/2011(INI)

Draft opinion
Paragraph 1
1. Welcomes the new EU Action Plan on Critical Raw Materials and stresses that EUthe EU's trade policy can plays a key role as a vehicle for improving EU access to these materials; notes that the COVID-19 outbreak has exposed the lack of resilience of global value chains for certain key products, showing the need for more robust and resilient supply chains for critical raw materials;
2021/06/02
Committee: INTA
Amendment 18 #

2021/2011(INI)

Draft opinion
Paragraph 2
2. Notes that demand for raw materialsWelcomes the Commission's flagship policies of the green and the digital transition, notes that critical raw materials have an important role to play in facilitating these transitions and that their demand is projected to double by 2050; andcknowledges that an increase in demand globally is likely to lead to an increase in price and encourages the Commission to present analysis on this point; believes that this analysis should be complemented by a strong communication strategy, explaining potential trade-offs to citizens; notes that the EU is highly reliant on non- EU countries for critical raw materials, making diversified sourcing essential to increase the EU’s security of supply; calls, therefore, on the Commission to diversify the supply sources of critical raw materials as much as possible, and reduce current reliance on a few countries; calls on the Commission to focus also on securing supplies by establishing strategic stocks and appropriate stockpiling of critical raw materials in Europe, particularly in light of the uncertainties linked to the evolution of the geopolitical situation worldwide and the potential trade tensions with rich non-EU producer countrcontinue monitoring the EU's strategic dependencies in order to identify potential vulnerabilities, and conduct a detailed analysis on the role strategic stockpiles could play in addressing these vulnerabilities;
2021/06/02
Committee: INTA
Amendment 43 #

2021/2011(INI)

Draft opinion
Paragraph 3
3. Underlines that future EU free trade agreements (FTAs) should include a specific focus onprovisions on critical raw materials; calls on the Commission to further enhance the enforcement of FTAs to ensure that commitments and obligations on responsible sourcing of critical raw materials are met by trading partners; calls on the Commission to strengthen cooperation on sustainable sourcing of critical raw materials with third countries, particularly with likeminded partners such as the US, under existing and future EU policies and instruments, including enlargement, neighbourhood, development and cooperation policies, as well as in its engagement at the WTO;
2021/06/02
Committee: INTA
Amendment 65 #

2021/2011(INI)

Draft opinion
Paragraph 4
4. Underlines that a fully functioning rules-based multilateral trading system is also key to ensuring open trade flows of critical raw materials; renews its call on the Commission, in this regard, to pursuexpresses concern at the use of export restrictions on critical raw materials by some WTO Members, including China, and urges all Members to refrain from pursuing such policies; renews its call on the Commission to redouble its efforts for the modernisation, strengthening and substantial reactivation of the World Trade Organization to fight distortions of provide a stable and predictable international tradeing environment and guarantee effectivefair competition worldwide;
2021/06/02
Committee: INTA
Amendment 5 #

2021/2003(INI)

Draft opinion
Paragraph 1
1. Welcomes the fact that the new EU Gender Action Plan 2021-2025 (GAP III) calls for the promotion of gender equality through the EU’s trade policy and recalls the necessary support for the inclusion of a specific gender chapter ins or gender mainstreaming of EU trade and investment agreements to increase the scope of free trade agreements, as well as all aspects of EU trade policy; underlines that including specific trade and gender actions can lead to more visibility of the problems women face, which can contribute to resolving barriers to trade faced by women;
2021/05/31
Committee: INTA
Amendment 19 #

2021/2003(INI)

Draft opinion
Paragraph 2
2. Notes that trade policy is not gender neutral and that better collection of gender-disaggregated data, together with clear indicators, is needed to adequately assess the different impacts of trade policy on women and men; reiterates its call for the EU and its Member States to include in ex ante and ex post impact assessments the country-specific and sector-specific gender impact of EU trade policy and agreements; calls on the Commission to work together with international partners, such as the WTO, to collect data, analyse the impact of trade on women and translate data into concrete proposals to improve women’s role in the international trade system;
2021/05/31
Committee: INTA
Amendment 31 #

2021/2003(INI)

Draft opinion
Paragraph 3
3. Calls for the Commission to engage actively in the recently established WTO Informal Working Group on Trade and Gender to work towards a strong Ministerial Declaration in the 12th Ministerial Conference (MC12) that could serve as a road map for the implementation of the 2017 Buenos Aires Declaration; underlines that the Informal Working Group on Trade and Gender is a first step towards a more permanent platform in the WTO to discuss issues related to trade and gender; stresses that intensified cooperation within international organisations such as the WTO can lead to better sharing of best practices, methods to collect data, as well as the inclusion of a gender perspective in trade; calls on the Commission to pro-actively engage with other WTO members to contribute to the working of the Informal Working Group, with the aim to establish a permanent working group;
2021/05/31
Committee: INTA
Amendment 37 #

2021/2003(INI)

Draft opinion
Paragraph 4
4. Recognises the disproportionate impact of the COVID-19 pandemic on the participation in trade of female entrepreneurs and women; underlines that women are adversely affected both as entrepreneurs, employees, and often as the head caretaker of their family; calls for COVID-19 recovery strategies to pay special attention to micro, small and medium-sized enterprises (MSMEs), which are often run by women, and to sectors with higher female participation (agriculture, tourism, garment and retail); underlines that women often lack access to finance compared to their male counterparts; calls on the Commission to address the gender gap in investment possibilities for women entrepreneurs;
2021/05/31
Committee: INTA
Amendment 48 #

2021/2003(INI)

Draft opinion
Paragraph 5
5. Notes with concern the persistent gender gap in digital access and digital skills; notes that women have less access to skills development compared to their male counterparts, preventing them from developing their business, or their possibilities as employee; calls for the Commission and the Member States to support female entrepreneurs and employees in acquiring the necessary skills through trade policy, such as the Generalised Scheme of Preferences, Economic Partnership Agreements, development cooperation and Aid for Trade;
2021/05/31
Committee: INTA
Amendment 81 #

2021/0420(COD)

Proposal for a regulation
Recital 10
(10) In order to achieve a high-quality and efficient transport infrastructure across all modes, the development, maintenance and upgrading of the trans- European transport network should take into account the security and safety of passengers and freight movements, the contribution to climate change and the impact of climate change and of potential natural hazards and human-made disasters on infrastructure and accessibility for all transport users, especially in regions that are particularly affected by the negative impacts of climate change.
2022/05/06
Committee: IMCO
Amendment 82 #

2021/0420(COD)

Proposal for a regulation
Recital 10 a (new)
(10 a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the European Union and all Member States are legally obliged to ensure that persons with disabilities have access, on an equal basis with others, to transport and the built environment (Article 9). Acknowledging that millions of persons with disabilities experience barriers to use transport, the European Commission has included the revision of the TEN-T Guidelines in its list of actions under aim 2. “Accessibility – an enabler of rights, autonomy and equality” of the Strategy for the Rights of Persons with Disabilities 2021-2030. Finally, with its Sustainable and Smart Mobility Strategy, the EU has committed to “making mobility fair and just for all” (Flagship 9), including by improving accessibility for passengers with disabilities. It notes that transport proposals under the Strategy must be compliant with the Strategy for the Rights of Persons with Disabilities 2021-2030.
2022/05/06
Committee: IMCO
Amendment 90 #

2021/0420(COD)

Proposal for a regulation
Recital 70
(70) The technical basis of the maps specifying the trans-European transport network is provided by the interactive geographical and technical information system for the trans-European transport network (TENtec). Member States should also provide data on accessibility and maintenance to improve public scrutiny.
2022/05/06
Committee: IMCO
Amendment 133 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point c – point ii a (new)
(ii a) all destinations within the urban node to be safely reachable by active modes of transport;
2022/05/06
Committee: IMCO
Amendment 134 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point d
(d) by 31 December 2040: the development of at least one multimodal freight terminal allowing for sufficient transhipment capacity within or in the vicinity of the urban node. One terminal may serve more than one urban node, if capacity allows.
2022/05/06
Committee: IMCO
Amendment 136 #

2021/0420(COD)

Proposal for a regulation
Chapter IV – title
IV PROVISIONS FOR SMART, ACCESSIBLE AND RESILIENT TRANSPORT
2022/05/06
Committee: IMCO
Amendment 144 #

2021/0420(COD)

Proposal for a regulation
Article 49 – paragraph 1
1. Transport infrastructure shall allow seamless mobility and accessibility for all users, in particular people in situations of vulnerability including persons with disabilities or reduced mobility as well as, older persons, persons living in outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas. 2. Member States shall carry out ex-ante assessments of the accessibility of infrastructure and of the services connected to it. 3. The design, construction, maintenance, and upgrade of transport infrastructure shall comply with Annex I and Annex III of Directive (EU) 2019/882 of the European Parliament and of the Council1a, and accessibility requirements laid down in other relevant Union law. __________________ 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70–115)
2022/05/06
Committee: IMCO
Amendment 155 #

2021/0420(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. Member States shall inform the Commission on a regular, comprehensive and transparent basis about the progress made in implementing projects of common interest and the investments made for that purpose. This information shall include the yearly transmission of data through the interactive geographical and technical information system for the trans-European transport network (TENtec). It shall include technical and financial data concerning projects of common interest on the trans-European transport network, data related to accessibility of the TEN-T infrastructure and passenger services as well as data on the completion and maintenance of the trans- European transport network.
2022/05/06
Committee: IMCO
Amendment 160 #

2021/0420(COD)

Proposal for a regulation
Article 57 – paragraph 1
National procedures regarding the involvement and consultation of regional and local authoritieRelevant regional and local authorities, industrial partners, including SMEs, user representatives, accessibility experts and civil society concerned by a project of common interest shall be complied with, where appropriate,nsulted and enabled to meaningfully engage in the planning and construction phase of a project. The Commission shall facilitate this process in particular by promoteing the exchange of good practice in this regard, notably as regards the consultation and inclusion of people in situations of vulnerability.
2022/05/06
Committee: IMCO
Amendment 162 #

2021/0420(COD)

Proposal for a regulation
Article 62 – title
Delay in completion of the core network, the extended core network and the comprehensive network or lack of its maintenance
2022/05/06
Committee: IMCO
Amendment 163 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 1
1. In the event of significant delay in starting or completing work on the core network, extended core network and on the comprehensive network compared to the initial timeline set in implementing acts in accordance with Article 54 or defined in national transport and investment plans or other relevant project documentation or if there is evidence of non-compliance with the maintenance provisions in Article 48, the Commission may ask the Member State or Member States concerned to provide the reasons for the delay or lack of maintenance. Such reasons shall be provided by the Member State or Member States within three months of the request. On the basis of the reply given, the Commission shall consult the Member State or Member States concerned in order to resolve the problem that has caused the delay or lack of maintenance.
2022/05/06
Committee: IMCO
Amendment 164 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 2
2. In case the delayed or non- maintained section concerns a European Transport Corridor, the European Coordinator shall be involved in view of resolving the problem.
2022/05/06
Committee: IMCO
Amendment 165 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
The Commission may, after considering the reasons provided by the Member State or Member States concerned pursuant to the first subparagraph, adopt a decision addressed to the Member State or Member States concerned, finding that the significant delay in starting or completing the work on the core network, extended core network or on the comprehensive network or the lack of its maintenance is attributable to the Member State or Member States without an objective justification. The Commission shall give the Member State or Member States concerned 6 months to eliminate the significant delay or lack of maintenance.
2022/05/06
Committee: IMCO
Amendment 167 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 2
In case the delayed or non-maintained section concerns a project supported with Union funds under direct management, a reduction of the amount of the grant and/or an amendment or termination of the grant agreement may be initiated in accordance with the applicable rules.
2022/05/06
Committee: IMCO
Amendment 186 #

2021/0414(COD)

Proposal for a directive
Recital 4
(4) Digitalisation is changing the world of work, bringing workers and employers advantages such as creating new employment and business opportunities, improving productivity and enhancing flexibility as well as increasing consumer choice, while also carryposing some risks for employment and working conditions including lack of or difficult access to adequate social protection and a lack of occupational health and safety. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms but can produce power imbalances and opacity about decision-making, as well as technology-enabled surveillance which could exacerbate discriminatory practices and entail risks for privacy, workers´ health and safety and human dignity.
2022/06/10
Committee: EMPL
Amendment 193 #

2021/0414(COD)

Proposal for a directive
Recital 4 a (new)
(4a) New forms of digital interaction and new technologies in the world of work create opportunities for access to the labour market generally as well as in specific fields, in particular for people who traditionally lacked such access, including people with disabilities, young people and people with lower skill levels and this access should be fostered in the future in order to support a sustainable income and a decent standard of living for disadvantaged groups.
2022/06/10
Committee: EMPL
Amendment 194 #

2021/0414(COD)

Proposal for a directive
Recital 5
(5) Platform work is performed by individuals through the digital infrastructure of digital labour platforms that provide a service to their customers. It is characterised by a high level of heterogeneity in the sectors covered and activities carried out, and the profiles of individuals performing platform work and types of digital labour platforms vary widely. By means of the algorithms, the digital labour platforms may control, to a lesser or greater extent – depending on their business model – the performance of the work, its remuneration and the relationship between their customers and the persons performing the work. Platform work can be performed exclusively online through electronic tools (‘online platform work’) or in a hybrid way combining an online communication process with a subsequent activity in the physical world (‘on-location platform work’). Many of the existing digital labour platforms are international business actors deploying their activities and business models in several Member States or across borders.
2022/06/10
Committee: EMPL
Amendment 208 #

2021/0414(COD)

Proposal for a directive
Recital 6
(6) Platform work canreates employment, provideing opportunities for accessing the labour market more easily, gaining additional income through a secondary activity while also balancing caring responsibilities, education or vocational training or enjoying sommore flexibility in the organisation of working time. It can also facilitate efficiencies in the matching of supply and demand, optimisation of resources and increase consumer choice. At the same time, platform work brings challenges, as it can blur the boundaries between an employment relationship and self- employed activity, and the responsibilities of employers and workers. Misclassification of the employment status has consequences for the persons affected, as it is likely to restrict access to existing labour and social rights. It also leads to an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.
2022/06/10
Committee: EMPL
Amendment 327 #

2021/0414(COD)

Proposal for a directive
Recital 24
(24) When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. Therefore contractual relationships in which digital labour platforms exert a certain level of control over certain elements of the performance of work should be deemed, by virtue of a legal presumption, to be an employment relationship between the platform and the person performing platform work through it. As a result, that person should be classified as a worker having all the rights and obligations in accordance with that status, as laid down in national and Union law, collective agreements and practice. The legal presumption should apply in all relevant administrative and legal proceedings and should benefitIt is important to stress that the legal presumption of an employment relationship must not lead to an automatic classification of all persons performing platform work as workers and must ensure theat persons performing platform work who are genuinely self-employed are able to remain so and can continue to access work through platforms. The legal presumption should apply in all relevant administrative and legal proceedings. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection bodies or tax authorities, should also be able to rely on that presumption as well as persons performing platform work who dispute the classification of their employment status. Member States should put in place a national framework of measures, in accordance with their national legal and judicial systems, to reduce litigation and increase legal certainty.
2022/06/10
Committee: EMPL
Amendment 437 #

2021/0414(COD)

Proposal for a directive
Recital 45
(45) Platform work is characterised by the lack of a common workplace where workers can get to know each other and communicate with each other and with their representatives, also in view of defending their interests towards the employer. In some areas prevalent in platform work, such as digital remote services or design work, many Member States lack established workers’ organisations or trade unions. Persons performing platform work should be free to organise, choose representatives and be taken into account in social dialogue and collective bargaining processes, regardless of their employment status. Persons performing platform work can also be exposed to the increased risk of violence, including gender-based violence and harassment. It is therefore necessary to create digital communication and reporting channels, in line with the digital labour platforms’ work organisation, where persons performing platform work can exchange with each other and be contacted by their representatives and report incidents of violence or harassment. Digital labour platforms should create such communication channels within their digital infrastructure or through similarly effective means, while respecting the protection of personal data and refraining from accessing or monitoring those communications.
2022/06/10
Committee: EMPL
Amendment 471 #

2021/0414(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
In accordance with Article 10, rights laid down in this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management also apply to every person performing platform work in the Union who does not have an employment contract or employment relationship. This Directive shall be without prejudice to the full respect of the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.
2022/06/10
Committee: EMPL
Amendment 608 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – introductory part
2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least two majority of the following:
2022/06/10
Committee: EMPL
Amendment 619 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point a
(a) effectivelyde facto determining, or setting upper limits for the level of remuneration;
2022/06/10
Committee: EMPL
Amendment 626 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work beyond what is required by law or necessary to safeguard the health and safety of the recipients of the service or to ensure the essential functioning of the service;
2022/06/10
Committee: EMPL
Amendment 639 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point c
(c) closely supervising the performance of work or thoroughly verifying the quality of the results of the work including by electronic means beyond what is required by law or necessary to safeguard the health and safety of the recipients of the service or to ensure the essential functioning of the service;
2022/06/10
Committee: EMPL
Amendment 647 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point d
(d) effectivelyde facto restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks, including from other digital platforms or to use subcontractors or substitutes;
2022/06/10
Committee: EMPL
Amendment 658 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point e
(e) effectivelyde facto restricting the possibility to build a client base or to perform work for any third party.
2022/06/10
Committee: EMPL
Amendment 667 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 3 – introductory part
3. Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on entrepreneurs and start-ups, avoiding capturing the genuine self-employed and supporting the conditions for innovation and the sustainable growth of digital labour platforms. In particular they shall:
2022/06/10
Committee: EMPL
Amendment 755 #

2021/0414(COD)

Proposal for a directive
Article 5 – paragraph 3
Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it. Member States shall provide the necessary guidance for procedures to rebut the legal presumption.
2022/06/10
Committee: EMPL
Amendment 1 #

2021/0406(COD)

Proposal for a regulation
Recital 5
(5) The modern interconnected world economy creates an increased risk of, and opportunity for, economic coercion, as it provides countries with enhanced, including hybrid, means to deploy such coercion. It isFor this purpose, it is essential to strengthen resilience of the single market, diversify trade relations and boost European competitiveness. It is also desirable that the Union contribute to the creation, development and clarification of international frameworks for the prevention and elimination of situations of economic coercion through a deterring instrument that complements existing Union instruments. The use of economic coercion against the Union and the Member States has steadily increased.
2022/06/15
Committee: IMCO
Amendment 2 #

2021/0406(COD)

Proposal for a regulation
Recital 6
(6) Whilst always acting within the framework of international law, it is essential that the Union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its Member States and ensure the proper functioning of the internal market. This is particularly the case where third countries take measures affecting trade or investment that interfere in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State. Such measures affecting trade or investment may include not only actions taken on, and having effects within, the territory of the third country, but also actions taken by the third country, including through entities controlled or directed by the third country and present in the Union, that cause harm to the functioning of the internal market or economic activities in the Union.
2022/06/15
Committee: IMCO
Amendment 3 #

2021/0406(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) Coercive measures by a third country targeting a single Member State have negative repercussions on the proper functioning of the internal market, creating for instance disruptions in supply chains. Ensuring a well-functioning and resilient internal market plays a strategic role in this context as it could deter economic coercion by third countries. It is therefore of particular importance to set rules that preserve the internal market from negative interferences, as well as rules that preserve the EU capacity to make sovereign choices when considering Union measures in case of coercive measures by a third country.
2022/06/15
Committee: IMCO
Amendment 4 #

2021/0406(COD)

Proposal for a regulation
Recital 7
(7) This Regulation aims to ensure an effective, efficient and swift Union response to economic coercion, including deterrence of economic coercion of the Union or a Member State and, in the last resort, countermeasures. The conditions for activation of this instrument and for triggering specific measures should be clearly defined to avoid using this Regulation incorrectly, including to protect the Union’s industries from foreign competition.
2022/06/15
Committee: IMCO
Amendment 5 #

2021/0406(COD)

Proposal for a regulation
Recital 9
(9) In accordance with the principle of proportionality, it is necessary and appropriate, for creating an effective, credible and comprehensive framework for Union action against economic coercion, to lay down rules on the examination, determination and counteraction with regard to third countries’ measures of economic coercion. In particular, the Union’s response measures should be preceded by an examination of the facts, a determination of the existence of economic coercion coercion and its impact on the Union, and, wherever possible, efforts to find a solution in cooperation with the third country concerned. Any measures imposed by the Union should be commensurate with the injury caused by the third countries’ measures of economic coercion. The criteria for defining the Union response measures should take into account in particular the need for legal certainty and to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators as well as the Union’s interest in order to safeguard the integrity and proper functioning of the internal market. Therefore, this Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the Treaty on European Union.
2022/06/15
Committee: IMCO
Amendment 6 #

2021/0406(COD)

Proposal for a regulation
Recital 15
(15) The Union should only impose countermeasures when other means such as negotiations, mediation or adjudication do not lead to the prompt and effective cessation of the economic coercion and to reparation of the injury it has caused to the Union or its Member States, and where action is necessary to protect the EU internal market, the interests and rights of the Union and its Member States and it is in the Union’s interest. It is appropriate that the Regulation sets out the applicable rules and procedures for the imposition and application of Union response measures and permits expeditious action where necessary to preserve the effectiveness of any Union response measures. Such applicable rules should ensure that the Regulation does not hamper the Union’s openness and rules-based trade.
2022/06/15
Committee: IMCO
Amendment 7 #

2021/0406(COD)

Proposal for a regulation
Recital 16
(16) Union response measures adopted in accordance with this Regulation should be selected and designed on the basis of objective criteria, including: the effectiveness of the measures in inducing the cessation of coercion by the third country; their potential to provide relief to economic operators within the Union affected by the third-country measures of economic coercion; the aim of avoiding or minimising negative economic and other effects on the Union; and the avoidance of disproportionate administrative complexity and costs. It is also essential that the selection and design of Union response measures take account of the Union’s interest, is proportionate and targeted to maximise the effectiveness of the measure and minimise its impact to Union economic operators. Union response measures should be selected from a wide array of options in order to allow the adoption of the most suitable measures in any given case.
2022/06/15
Committee: IMCO
Amendment 8 #

2021/0406(COD)

Proposal for a regulation
Recital 19
(19) After the adoption of Union response measures, the Commission should continuously assess the situation in relation to the third-country measures of economic coercion, the effectiveness of the Union response measures and their effects, with a view to adjusting, suspending or terminating the response measures accordingly. It is therefore necessary to set out the rules and procedures for amending, suspending and terminating Union response measures and the situations in which these are appropriate. The Commission should keep the European Parliament and Council fully involved at every stage of the procedure by regularly reporting about the recent developments, the outcome of the review process on how effective the countermeasures are, as well as about the next steps it intends to take.
2022/06/15
Committee: IMCO
Amendment 9 #

2021/0406(COD)

Proposal for a regulation
Recital 20
(20) It is essential to provide for opportunities for stakeholder involvement, including businesses, for the purposes of adoption and amendment of Union response measures, and as relevant for the purposes of suspension and termination, in view of the potential impact on such stakeholders.
2022/06/15
Committee: IMCO
Amendment 10 #

2021/0406(COD)

Proposal for a regulation
Recital 21
(21) It is important to ensure an effective communication and exchange of views and information between the Commission on the one hand and the European Parliament and the Council on the other, in particular on efforts to engage with the third country concerned to explore options with a view to obtaining the cessation of the economic coercion and on matters that may lead to the adoption of Union response measures under this Regulation. In general, the Commission should keep the European Parliament and the Council fully informed of ongoing developments at every stage of the procedure, from prior discussions to the notification of reaction measures.
2022/06/15
Committee: IMCO
Amendment 11 #

2021/0406(COD)

Proposal for a regulation
Recital 26
(26) The Commission should thoroughly evaluate measures adopted under this Regulation as to their effectiveness and operation and as to possible conclusions for future measures. The Commission should also review this Regulation after gaining sufficient experience with the existence or application of this Regulation, its impact on trade, investments and the single market, and its consistency with existing tools. This review should cover the scope, functioning, efficiency and effectiveness of this Regulation. The Commission should report regularly on its assessment to the European Parliament and the Council,
2022/06/15
Committee: IMCO
Amendment 12 #

2021/0406(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules and procedures in order to ensure the effective protection of the interests of the Union and its Member States, to safeguard the integrity and proper functioning of the internal market where a third country seeks, through measures affecting trade or investment, to coerce the Union or a Member State into adopting or refraining from adopting a particular act. Such coercion needs to be countered in order to preserve the legislative prerogative of the Union and its Member States, the rule of law and the functioning of the internal market, as well as to prevent any possible distortions arising from coercive actions by a third country. This Regulation provides a framework for the Union to respond in such situations with the objective to deter, or have the third country desist from such actions, whilst permitting the Union, in the last resort, to counteract such actions.
2022/06/15
Committee: IMCO
Amendment 13 #

2021/0406(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. Any action taken under this Regulation shall be consistent with the Union’s obligations under international law and conducted in the context of the principles and objectives of the Union’s external action and of the internal market.
2022/06/15
Committee: IMCO
Amendment 14 #

2021/0406(COD)

Proposal for a regulation
Article 2 – paragraph 1 – indent 2
— by applying or threatening to apply measures affecting the internal market, trade or investment.
2022/06/15
Committee: IMCO
Amendment 15 #

2021/0406(COD)

Proposal for a regulation
Article 2 – paragraph 1 a (new)
1 a. the financial and economic damage to a Member State’s market or the internal market of the Union;
2022/06/15
Committee: IMCO
Amendment 16 #

2021/0406(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The Commission may carry out the examination referred to in paragraph 1 on its own initiative or following information received from any other source. The Commission shall act when one or more Member States request such examination. The Commission shall act expeditiously and report to the European Parliament and the Council without delay about the outcome of its investigation and the next steps it intends to adopt, and ensure the protection of confidential information in line with Article 12, which may include the identity of the supplier of the information.
2022/06/15
Committee: IMCO
Amendment 17 #

2021/0406(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. The Commission may seek information about the impact of the measures of the third country concerned, or act by directly assessing such impact on the internal market, if necessary.
2022/06/15
Committee: IMCO
Amendment 18 #

2021/0406(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
The Commission shall regularly inform the European Parliament and the Council of developments in the ongoing examination of third-country measures. It may publish a notice in the Official Journal of the European Union or through other suitable public communication means with an invitation to submit information within a specified time limit that shall not unduly delay the Commission’s decision. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
2022/06/15
Committee: IMCO
Amendment 19 #

2021/0406(COD)

Proposal for a regulation
Article 4 – paragraph 1
Following an examination carried out in accordance with Article 3, the Commission shall adopt a decision determining whether the measure of the third country concerned meets the conditions set out in Article 2(1). The Commission shall act expeditiously and shall inform the European Parliament and the Council of that decision.
2022/06/15
Committee: IMCO
Amendment 20 #

2021/0406(COD)

Proposal for a regulation
Article 4 – paragraph 2
Prior to adopting its decision, the Commission mayshall invite the third country concerned to submit its observations, within a specified time limit that shall not unduly delay the Commission’s decision.
2022/06/15
Committee: IMCO
Amendment 21 #

2021/0406(COD)

Proposal for a regulation
Article 5 – paragraph 1 – indent 2
— mediation, direct conciliation or through international entities, or good offices to assist the Union and the third country concerned in these efforts;
2022/06/15
Committee: IMCO
Amendment 22 #

2021/0406(COD)

The Commission shall keep the European Parliament, affected Member States and the Council fully informed of relevant developments, in a timely manner, of developments in the engagement with the third country concerned at all stages of the process and of the next steps to be taken.
2022/06/15
Committee: IMCO
Amendment 23 #

2021/0406(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) action is proportionate and necessary to protect the interests and rights of the Union and its Member States or to prevent disruption in the internal market in that particular case, and
2022/06/15
Committee: IMCO
Amendment 24 #

2021/0406(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
In the implementing act, the Commission shall also determine the appropriate Union response from among the measures provided for in Annex I. Such measures may also apply with regard to natural or legal persons designated in accordance with Article 8. The Commission may also adopt measures which it can take pursuant to other legal instruments. Such measures shall not violate international law.
2022/06/15
Committee: IMCO
Amendment 25 #

2021/0406(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. On duly justified imperative grounds of urgency to avoid irreparable damage to the Union or its Member States or the internal market by the measures of economic coercion the Commission shall adopt immediately applicable implementing acts imposing Union response measures, in accordance with the procedure referred to in Article 15(3). The requirements set out in paragraphs 2 to 5 shall apply. Those acts shall remain in force for a period not exceeding three months. Where the Commission intends to adopt immediately applicable implementing acts pursuant to the first subparagraph of this paragraph, it shall inform the European Parliament and the Council before the adoption of such acts.
2022/06/15
Committee: IMCO
Amendment 26 #

2021/0406(COD)

(b) provide as effective or more effective relief to economic operactors within the Union affected by the measures of economic coercion;
2022/06/15
Committee: IMCO
Amendment 27 #

2021/0406(COD)

Proposal for a regulation
Article 7 – paragraph 7 – point b a (new)
(b a) provide as effective or more effective relief to the internal market remedying the impact of economic coercion;
2022/06/15
Committee: IMCO
Amendment 28 #

2021/0406(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Any Union response measure shall not exceed the level that is commensurate with the injury suffered by the Union, the internal market or a Member State due to the third country’s measures of economic coercion, taking into account the gravity of the third country’s measures and the rights in question.
2022/06/15
Committee: IMCO
Amendment 29 #

2021/0406(COD)

Proposal for a regulation
Article 9 – paragraph 2 – introductory part
2. The Commission shall select and design an appropriate response measure taking into account the determination made pursuant to Article 4, the criteria set out in Article 2(2) and the Union’s interest, on the basis of available information, including as collected pursuant to Article 11, and the following objective criteria:
2022/06/15
Committee: IMCO
Amendment 30 #

2021/0406(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) the potential of the measures to provide relief to economic operathe internal market and its economic operators and other actors within the Union affected by the economic coercion;
2022/06/15
Committee: IMCO
Amendment 31 #

2021/0406(COD)

(c) the avoidance or minimisation of negative impacts on affected actors by Union response measures, including long- term predictability and the availability of alternatives for affected actors, for example alternative sources of supply for goods or services;
2022/06/15
Committee: IMCO
Amendment 32 #

2021/0406(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission shall keep under regular review the measures of economic coercion deployed by a third country that have triggered the Union response measures, the effectiveness of the Union response measures adopted and their effects on the Union’s interests and shall keep the European Parliament and the Council informed thereof.
2022/06/15
Committee: IMCO
Amendment 33 #

2021/0406(COD)

Proposal for a regulation
Article 10 – paragraph 3 a (new)
3 a. A Member State that has been subject to economic coercion shall have the right to request the Commission to review measures, if the Member State considers that the measures are no longer effective in counteracting coercion imposed by the third country. The Commission shall have the discretion to act.
2022/06/15
Committee: IMCO
Amendment 34 #

2021/0406(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts suspending, amending or terminating Union response measures adopted in accordance with Article 7. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 15(3) and they shall remain in force for a period not exceeding two months. The Commission shall keep the European Parliament informed without delay about the decision and its justification.
2022/06/15
Committee: IMCO
Amendment 35 #

2021/0406(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Commission shall evaluate any Union response measure adopted pursuant to Article 7 six months after its termination, taking into account stakeholder input and any other relevant information. The evaluation report shall examine the effectiveness and operation of the Union response measure, and draw possible conclusions for future measures. The Commission shall inform the European Parliament and the Council of its general conclusions and the evaluation report shall be published.
2022/06/15
Committee: IMCO
Amendment 36 #

2021/0406(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. No later than threewo years after the adoption of the first implementing or act under this Regulation or sixfive years after the entry into force of this Regulation, whichever is earlier, and following this at least every five years the Commission shall review this Regulation and its implementation, accompanied where appropriate by relevant legislative proposals, and shall report to the European Parliament and the Council.
2022/06/15
Committee: IMCO
Amendment 68 #

2021/0402(COD)

Proposal for a regulation
Recital 7
(7) This Regulation aims to ensure an effective, efficient and swift Union response to economic coercion, including deterrence of economic coercion of the Union or a Member State and, in the last resort, countermeasures. This Regulation shall be complementary to other existing Union instruments and relations such as the Regulation (EU) 2021/167 of the European Parliament and of the Council1a and the review of the Blocking Statute 1b _________________ 1a Regulation (EU) 2021/167 of the European Parliament and of the Council of 10 February 2021 amending Regulation (EU) No 654/2014 concerning the exercise of the Union’s rights for the application and enforcement of international trade rules (OJ L 49, 12.2.2021, p. 1.). 1b Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6
2022/05/30
Committee: INTA
Amendment 72 #

2021/0402(COD)

Proposal for a regulation
Recital 8
(8) The objectives of this Regulation, in particular counteracting third countries’ economic coercion of the Union or a Member State, cannot be sufficiently achieved by Member States acting on their own, especially in the context of the Union internal market. This is because Member States as distinct actors under international law may not be entitled under international law to respond to economic coercion directed against the Union. Additionally, because of the exclusive competence conferred on the Union by Article 207 of the Treaty on the Functioning of the European Union, Member States are prevented from taking common commercial policy measures as a response to economic coercion. Therefore, those objectives can be achieved with greater effectiveness at Union level.
2022/05/30
Committee: INTA
Amendment 78 #

2021/0402(COD)

(10) Any action undertaken by the Union on the basis of this Regulation should comply with the Union’s obligations under international law. IThe Union should continue to support the rules-based multilateral trading system, with the World Trade Organisation (WTO) at its core. Out of the WTO's framework, international law allows, under certain conditions, such as proportionality and prior notice, the imposition of countermeasures, that is to say of measures that would otherwise be contrary to the international obligations of an injured party vis-à-vis the country responsible for a breach of international law, and that are aimed at obtaining the cessation of the breach or reparation for it.10 Accordingly, response measures adopted under this Regulation should take the form of either measures adhering to the Union’s international obligations or measures constituting permitted countermeasures. Under international law, and in accordance with the principle of proportionality, they should not exceed a level that is commensurate with the injury suffered by the Union or a Member State due to the third country’s measures of economic coercion, taking into account the gravity of the third country’s measures and the Union’s rights and interests in question. In this respect, injury to the Union or a Member State is understood under international law to include injury to Union economic operators. _________________ 10 See Articles 22 and 49-53 of the Articles on Responsibility of States for Internationally Wrongful Acts, adopted by the United Nations’ International Law Commission at its fifty-third session, in 2001, and taken note of by the United Nations General Assembly in resolution 56/83.
2022/05/30
Committee: INTA
Amendment 90 #

2021/0402(COD)

Proposal for a regulation
Recital 16
(16) Union response measures adopted in accordance with this Regulation should be selected and designed on the basis of objective criteria, including: the effectiveness of the measures in inducing the cessation of coercion by the third country; the effectiveness of the measures in repairing the injury caused by the economic coercion; their potential to provide relief to economic operators within the Union affected by the third-country measures of economic coercion; the aim of avoiding or minimising negative economic and other effects on the Union; and the avoidance of disproportionate administrative complexity and costs. It is also essential that the selection and design of Union response measures take account of the Union’s interest. Union response measures should be selected from a wide array of options in order to allow the adoption of the most suitable measures in any given case.
2022/05/30
Committee: INTA
Amendment 93 #

2021/0402(COD)

Proposal for a regulation
Recital 18
(18) In pursuing the objective of obtaining the cessation of the measure of economic coercion and the reparation of the injury caused, Union response measures consisting of restrictions on foreign direct investment or on trade in services should only apply with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union which are owned or controlled by persons of the third country concerned where necessary to ensure the effectiveness of Union response measures and in particular to prevent their avoidance. The decision to impose any such restrictions will be duly justified in implementing acts adopted pursuant to this Regulation in the light of the criteria specified in this Regulation.
2022/05/30
Committee: INTA
Amendment 98 #

2021/0402(COD)

Proposal for a regulation
Recital 21
(21) It is important to ensure an effective communication and exchange of views and information between the Commission on the one hand and the European Parliament and the Council on the other, in particular on efforts to engage with the third country concerned to explore options with a view to obtaining the cessation of the economic coercion and the reparation of the injury caused and on matters that may lead to the adoption of Union response measures under this Regulation.
2022/05/30
Committee: INTA
Amendment 111 #

2021/0402(COD)

Proposal for a regulation
Article 1 a (new)
Article 1 a Definitions For the purposes of this Regulation, the following definitions apply: (a) “coercion” means any third country action or measure interfering in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State, including some extraterritorial effects of third countries' sanctions; (b) “third country action or measure” means any type of measure, form of action, failure to act or threat thereof that is attributable to the relevant third country; (c) “economic coercion” means coercion through a third-country action or measure affecting trade or investment; (d) “particular act” means a particular policy choice, legal act or a stance with regard to a policy choice of the Union or a Member State; (e) “injury” means negative impact suffered by the Union or a Member State, including Union economic operators; (f) “Union response measure” means any measure adhering to the Union’s international obligations or permitted under international law vis-à-vis the third country responsible for economic coercion, which are commensurate with the injury suffered by the Union or a Member State and aimed at obtaining the cessation of economic coercion and the reparation for the injury caused; (g) “Union interest” means first and foremost the need to preserve the policy space of the Union or its Member States to take legitimate sovereign choices, as well as strategic economic interests of the Union, including economic and social coherence.
2022/05/30
Committee: INTA
Amendment 116 #

2021/0402(COD)

Proposal for a regulation
Article 2 – paragraph 1 – introductory part
1. This Regulation applies in the event of economic coercion, where a third country:
2022/05/30
Committee: INTA
Amendment 117 #

2021/0402(COD)

Proposal for a regulation
Article 2 – paragraph 1 – indent 1
— interferes in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State, including some extraterritorial effects of third countries' sanctions;
2022/05/30
Committee: INTA
Amendment 125 #

2021/0402(COD)

Proposal for a regulation
Article 2 – paragraph 2 – introductory part
2. In determining economic coercion and whether the conditions set out in paragraph 1 are met, the followingCommission shall be taken into account the following:
2022/05/30
Committee: INTA
Amendment 131 #

2021/0402(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point d
(d) whether the third country is acting based on a legitimate concern that is internationally recognisedwell defined and recognised as legitimate by international law and conventions ;
2022/05/30
Committee: INTA
Amendment 141 #

2021/0402(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
The Commission mayshall duly and in a timely manner inform the European Parliament and the Council of any development in the examination of third country measures. It shall publish a notice in the Official Journal of the European Union or through other suitable public communication means with an invitation to submit information within a specified time limit which shall not exceed 4 months. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
2022/05/30
Committee: INTA
Amendment 149 #

2021/0402(COD)

Proposal for a regulation
Article 4 – paragraph 2
Prior to adopting its decision, the Commission may invite the third country concerned to submit its observations within a reasonable and specified time limit that shall not unduly delay the Commission's decision.
2022/05/30
Committee: INTA
Amendment 151 #

2021/0402(COD)

Proposal for a regulation
Article 4 – paragraph 3
Where the Commission decides that the measure of the third country concerned meets the conditions set out in Article 2(1), it shall notify the third country concerned of its decision and request it to cease the economic coercion and, where appropriate, repair the injury suffered by the Union or its Member States within a reasonable and specified period of time.
2022/05/30
Committee: INTA
Amendment 160 #

2021/0402(COD)

Proposal for a regulation
Article 5 – paragraph 2
The Commission shall seek to obtain the cessation of the economic coercion by also raising, in addition to the Commission's determination of the third country's measures, the matter in any relevant international forum.
2022/05/30
Committee: INTA
Amendment 162 #

2021/0402(COD)

Proposal for a regulation
Article 5 – paragraph 3
The Commission shall keep the European Parliament and the Council fully, regularly and in timely manner informed of relevantall the developments.
2022/05/30
Committee: INTA
Amendment 172 #

2021/0402(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) action pursuant to the Articles 4 and 5 has not resulted in the cessation of the economic coercion and reparation of the injury it has caused to the Union or a Member State within athe reasonable period of time set in the decision referred to in Article 4;
2022/05/30
Committee: INTA
Amendment 180 #

2021/0402(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
In the implementing act, the Commission shall also determine the appropriate Union response from among the measures provided for in Annex I. Such measures may also apply with regard to natural or legal persons designated in accordance with Article 8. The Commission may also adopt measures which it can take pursuant to other legal instruments. , notably the Blocking Statute 1a . _________________ 1a Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6
2022/05/30
Committee: INTA
Amendment 187 #

2021/0402(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. The Union response measures shall apply from a specified date after the adoption of the implementing act referred to in paragraph 1. The Commission shall set this date of application, taking into account the circumstances, to allow for the notification of the third country concerned pursuant to paragraph 3 and for it to cease the economic coercion and to repair the injury caused.
2022/05/30
Committee: INTA
Amendment 191 #

2021/0402(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. The Commission shall, upon adoption of the implementing act, notify the third country concerned of the Union response measures adopted pursuant to paragraph 1. In the notification, the Commission shall, on behalf of the Union, call on the third country concerned to promptly cease the economic coercion, offer to negotiate a solution and the reparation of the injury caused by it to the Union and its Member States, and inform the third country concerned that the Union response measure will apply, unless the economic coercion ceases.
2022/05/30
Committee: INTA
Amendment 192 #

2021/0402(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. The implementing act referred to in paragraph 1 shall state that the application of the Union response measures shall be deferred for a period specified in that implementing act, where the Commission has credible information that the third country has ceased the economic coercion before the start of application of the adopted Union response measures. In that event, the Commission shall publish a notice in the Official Journal of the European Union indicating that there is such information and the date from which the deferral shall apply. If the third country ceases the economic coercion before the Union response measures start to apply, the Commission shall terminate the Union response measures in accordance with Article 10 making sure that the injury caused by the economic coercion to the Union and its Member States has been repaired.
2022/05/30
Committee: INTA
Amendment 200 #

2021/0402(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. On duly justified imperative grounds of urgency to avoid irreparable damage to the Union, its internal market, or its Member States by the measures of economic coercion the Commission shall adopt immediately applicable implementing acts imposing Union response measures, in accordance with the procedure referred to in Article 15(3). The requirements set out in paragraphs 2 to 5 shall apply. Those acts shall remain in force for a period not exceeding three months.
2022/05/30
Committee: INTA
Amendment 217 #

2021/0402(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)
(aa) the effectiveness of the measures in the reparation of the injury caused to the Union and its Member States;
2022/05/30
Committee: INTA
Amendment 218 #

2021/0402(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) the potential of the measures to provide relief to economic operators within the Union internal market affected by the economic coercion;
2022/05/30
Committee: INTA
Amendment 226 #

2021/0402(COD)

Proposal for a regulation
Article 9 – paragraph 3 – introductory part
3. The Commission may decide to apply Union response measures under Articles 7 or 8 consisting of restrictions on foreign direct investment or on trade in services also with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union and owned or controlled by persons of the third country concerned where necessary to achieve the objectives of this Regulation. The Commission may decide on such application where Union response measures not covering such situations would be insufficient to effectively achieve the objectives of this Regulation, in particular where such measures could be avoided or circumvented. In assessing whether to adopt such a decision the Commission shall consider, in addition to the criteria in paragraphs 1 and 2, amongst other things:
2022/05/30
Committee: INTA
Amendment 228 #

2021/0402(COD)

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 a (new)
The Commission shall inform the European Parliament and the Council in designing the Union response measures.
2022/05/30
Committee: INTA
Amendment 250 #

2021/0402(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. The Commission shall take utmost account of the information gathered during the information gathering exercise. An analysis of the envisaged measures and their potential impacts shall accompany the draft implementing act when submitted to the committee in the context of the examination procedure referred to in Article 15(2).
2022/05/30
Committee: INTA
Amendment 252 #

2021/0402(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. Prior to the adoption of an implementing act in accordance with Article 7(6) or Article 10(5), the Commission shall seek information and views from relevant stakeholders in a targeted manner, unless the, especially the economic operators affected by the economic coercion, unless the exceptional situation of imperative grounds of urgency are such that information seeking and consultations are not possible or not needed for objective reasons, for instance to ensure compliance with international obligations of the Union.
2022/05/30
Committee: INTA
Amendment 263 #

2021/0402(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. No later than three years after the adoption of the first implementing act under this Regulation or six years after the entry into force of this Regulation, whichever is earlier, the Commission shall review this Regulation and its implementation and shall report toentry into force of this Regulation, the Commission shall review this Regulation and its implementation, in ensuring complementarity with the review of the Blocking Statute1a and the review of the Enforcement Regulation1b, and shall report to the European Parliament and the Council, notably in the relevant reporting of the Chief Trade Enforcement Officer. _________________ 1a Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6 1b Regulation (EU) 2021/167 of the European Parliament and of the Council. of 10 February 2021 amending Regulation (EU) No 654/2014 concerning the exercise of the Union’s rights for the application and enforcement of international trade rules (OJ L 49, 12.2.2021, p. 1.)
2022/05/30
Committee: INTA
Amendment 116 #

2021/0297(COD)

Proposal for a regulation
Recital 5
(5) The general objectives of the GSP are to support eradication of poverty in all its forms, in line with Agenda 2030 and Sustainable Development Goal 17.12 and, to promote the sustainable development agenda and to encourage exports diversification from GSP beneficiary countries, while averting harm to EU industry’s interests. The 2018 GSP Mid- term Evaluation and the 2021 supporting Study for the Impact Assessment underpinning this Regulation concluded that the GSP framework under Regulation (EU) No 978/2012 has delivered on these main objectives, which were at the core of the 2012 overhaul of Council Regulation (EC) No 732/200815 . _________________ 15 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (OJ L 211, 6.8.2008, p. 1).
2022/02/07
Committee: INTA
Amendment 119 #

2021/0297(COD)

Proposal for a regulation
Recital 6
(6) Those objectives remain relevant in the current global context and they are consistent with the analysis and perspective of the recent Commission Communication Trade Policy Review “An Open, Sustainable and Assertive Trade Policy”16 (‘TPR’). According to the TPR, the Union has a “strategic interest to support the enhanced integration into the world economy of vulnerable developing countries” and it “must fully use the strength provided by its openness and the attractiveness of its Single Market” to support multilateralism and to ensure adherence to universal values. For GSP specifically, the TPR notes its important role in “promoting respect for core human and labour rights” and sets the objective for the GSP “to further increase trading opportunities for developing countries to reduce poverty and create jobs based on international values and principles”. Together with openness to trade, the scheme should support GSP beneficiary countries to develop a strong industrial base and to create an infrastructure that facilitates access to knowledge and information to foster diversification of trade flows. Moreover, the scheme should assist beneficiaries in recovering from the COVID-19 impact and in re-building their economies in a sustainable manner, including with respect to international human rights, labour, environmental and good governance standards. By prioritising diversification of exports from GSP beneficiary countries, the scheme should focus preferences on less competitive products which should ultimately contribute to sustainable development and poverty eradication. Coherence should be ensured between the GSP and its objectives and the assistance provided to beneficiary countries, in line with Union’s Policy Coherence for Development (PCD), which constitutes a key pillar of Union’s efforts to enhance the positive impact and increase effectiveness of development cooperation17 . _________________ 16 COM(2021) 66 final, 18 February 2021 17 Article 208 of the Treaty on the Functioning of the EU concerning PCD reads: “The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries”.
2022/02/07
Committee: INTA
Amendment 135 #

2021/0297(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) The Union has set ambitious goals to promote sustainable development in its human, social, economic and environmental dimensions, notably through the European Green Deal, the Circular Economy Action Plan, the Farm to Fork Strategy, or in the areas of sustainable corporate governance and de- forestation, which will trigger fundamental changes in trade patterns with relevant impacts on the GSP scheme during the next decade. The GSP could play an important role in promoting trade in sustainably-produced goods, as long as it is compatible with WTO rules, and targeted development and technical assistance should be designed and provided in order to ensure that beneficiary countries can also fully take part in sustainable trade.
2022/02/07
Committee: INTA
Amendment 161 #

2021/0297(COD)

Proposal for a regulation
Recital 18
(18) In July 2020, the Commission appointed the Chief Trade Enforcement Officer with the role of enforcing trade rules. In this connection, in November 2020, the Commission launched a new complaints mechanism, the Single Entry Point (‘SEP’), as part of its increased efforts to strengthen the enforcement and implementation of trade commitments. Through the SEP, the Commission receives complaints on various matters related to trade policy, including breaches of the GSP commitments. The SEP is accessible to citizens, entities, stakeholders or civil society. Such new system of complaints should be integrated within the framework of this Regulation.
2022/02/07
Committee: INTA
Amendment 97 #

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.
2021/12/16
Committee: INTA
Amendment 146 #

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
2021/12/16
Committee: INTA
Amendment 207 #

2021/0214(COD)

Proposal for a regulation
Recital 52
(52) The Commission should evaluate the application of this Regulation before the endstart of the transitional periodremoval of free allowances in ETS and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
2021/12/16
Committee: INTA
Amendment 469 #

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.
2021/12/16
Committee: INTA
Amendment 478 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Before the endstart of the transitional periodremoval of free allowances under ETS, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation and assess if the conditions are in place for the effective implementation of a CBAM before phasing out free allocation. The report shall contain, in particularaddition, the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
2021/12/16
Committee: INTA
Amendment 121 #

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 consumer protection, resulting in higher consumer confidence. To this extent, leasing agreementswhilst subject to strict adherence to the principle of proportionality to avoid undue administrative burden, to ensure increased transparency and better consumer protection, resulting in higher consumer confidence. This Directive should not apply to deferred debit cards, under the terms of which the monthly aggregated payments have to be paid in a single debit and only insignificant charges are payable. Nor should it apply to hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down. Nor should it apply to overdraft facilities where the credit has to be repaid within one month. To this extent, 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 pay 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 Directive. However, for those credit agreements, Member States should be able to exclude the application of certain provisions of this Directive considering the characteristics of their national market, the duration, risk, and nature of the credit. 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.
2022/03/16
Committee: IMCO
Amendment 128 #

2021/0171(COD)

Proposal for a directive
Recital 20
(20) Agreements for the provision on a continuing basis of services or for the supply of goods of the same kind, where the consumer pays for them for the duration of their provision by means of instalments, may differ considerably, in terms of the interests of the contractual parties involved, and the modalities and performance of the transactions, from credit agreements covered by this Directive. Therefore, such agreements should not be regarded as credit agreements for the purposes of this Directive. Such agreement includes, for example, an insurance contract where the insurance is paid for in monthly instalments. Hiring and leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement should not be regarded as credit agreements for the purpose of this Directive
2022/03/16
Committee: IMCO
Amendment 131 #

2021/0171(COD)

Proposal for a directive
Recital 25 a (new)
(25 a) This Directive is without prejudice to Regulation 2016/679 that applies to any processing of personal data carried out by creditors and credit intermediaries falling within the scope of this Directive.
2022/03/16
Committee: IMCO
Amendment 134 #

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. This is without prejudice to the possibility for the provider of credit services to refuse to enter into a credit service agreement where justified by objective criteria.
2022/03/16
Committee: IMCO
Amendment 141 #

2021/0171(COD)

Proposal for a directive
Recital 29
(29) Specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them, in particular, to compare different offers. Such information should be given in a clear, concise and prominent way by means of a representative example. The standard information should be shown upfront and saliently, in a clear way and in an engaging format. It should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens and/or digital channels. Temporary promotional conditions, such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services, should be clearly identified as such. Consumers should see all essential information at a glance, evenwith further information made available on the consumer by clicking or swiping when they watch it on the screen of a mobile telephone. The creditor and, where applicable, credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor, the credit intermediary or provider of crowdfunding credit services quickly and efficiently. A ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available, in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. The ceiling should indicate the upper limit of credit which can be made available to the consumer. In specific and justified cases, in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it, such as in radio advertising or digital channels, the amount of information disclosed could be reduced. In addition, Member States should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit.
2022/03/16
Committee: IMCO
Amendment 146 #

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 pre- contractual information, for careful consideration at their own leisure and convenience, at least one dayin due time 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 case pre- contractual information is provided less than one day before the consumer is bound by any credit agreement or agreement for the provision of crowdfunding credit services, the creditor and, where applicable, the credit intermediary or providers of crowdfunding credit services should provide the information before the consumer is bound and remind consumer contracts (OJ L 95, 21.4.1993, p. 29)s, one day after conclusion of the contract, of the possibility to withdraw from the credit agreement.
2022/03/16
Committee: IMCO
Amendment 157 #

2021/0171(COD)

Proposal for a directive
Recital 31
(31) Pre-contractual information should be provided through the Standard European Consumer Credit Information form. To help consumers understand and compare offers, athe Standard European Consumer Credit Overview form summarising the key element of the credit should be proviInformation form should included in addition to the Standard European Consumer Credit Information formits first page all the key elements of the credit, through which consumers should see all essential information at a glance, even on the screen of a mobile telephone. Information should be clear, clearly legible and adapted to the technical constraints of certain media such as mobile telephone screens. It should be displayed in an adequate and suitable way on the different channels, to ensure that every consumer can access information on an equal basis and in line with Directive (EU) 2019/882 of the European Parliament and of the Council30 . _________________ 30 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
2022/03/16
Committee: IMCO
Amendment 167 #

2021/0171(COD)

Proposal for a directive
Recital 44
(44) Credit sales that have not been solicited by the consumers may in some cases be associated with practices that are harmful to the consumer. In this regard, without prejudice to the creditor's possibility of making offers to consumers, unsolicited salegranting of credit, including non- requested pre-approved credit cards sent to the consumers consumers, or the unilateral increase of a consumers’ overdraft or credit card limit, should be prohibited.
2022/03/16
Committee: IMCO
Amendment 174 #

2021/0171(COD)

Proposal for a directive
Recital 46
(46) It is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. That assessment of creditworthiness should be proportionate and be done in the interest of the consumer, to prevent irresponsible lending practices and over- indebtedness, and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit. Member States should be able to issue additional guidance on additional criteria and methods to assess a consumer’s creditworthiness, for example by setting limits on loan-to-value or loan- to-income ratios.
2022/03/16
Committee: IMCO
Amendment 178 #

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 or on statistical data where this is proportionate vis-à-vis the loan value, duration or the characteristics of the credit. 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. Member States should guarantee the right to be forgotten to all European patients 10 years after the end of their treatment, and up to five years after the end of treatment for patients whose diagnosis was made before the age of 18 in the area of creditworthiness assessment and ensure equal access to credit for cancer survivors. 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.
2022/03/16
Committee: IMCO
Amendment 188 #

2021/0171(COD)

Proposal for a directive
Recital 48
(48) The Proposal for a Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act), establishes that 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. In view of those high stakes, whenever the creditworthiness assessment involves automated processing, the consumer should have a right to obtain human intervention on the part of the creditor or providers of crowdfunding credit services. TWithout prejudice to the General Data Protection Regulation, the consumer should also have the right to obtain a meaningful explanation of the assessment made and of the functioning of the automated processing used, including among others the main variables, the logic and risks involved, as well as a right to express his or her point of view and to contest the assessment of the creditworthiness and the decision.
2022/03/16
Committee: IMCO
Amendment 191 #

2021/0171(COD)

Proposal for a directive
Recital 49
(49) To assess the credit status of a consumer, the creditor or the provider of crowdfunding credit services should have the ability to also consult credit databases. The legal and actual circumstances may require that such consultations vary in scope. To prevent any distortion of competition among creditors or providers of crowdfunding credit services, they should have access to private or public credit databases concerning consumers in a Member State where they are not established under non- discriminatory conditions compared with creditors or providers of crowdfunding credit services established in that Member State. Member States should facilitate the cross-border access to private or public databases, in compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council33 . To enhance reciprocity, credit databases should as a minimum hold information on consumers’ arrears in payment, in accordance with Union and national law. _________________ 33 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
2022/03/16
Committee: IMCO
Amendment 205 #

2021/0171(COD)

Proposal for a directive
Recital 62
(62) The consumer should have the right to discharge his or her obligations before the date agreed in the credit agreement. As provided by the Court of Justice. The consumer should have the right to a reduction in the total cost of the credit in the event of early repayment of the credit includes all the costs imposed by creditor ofn the EU Lexitor ruling,34 the right of the consumer to a reduction in the total cost of the credit in the event of early repayment of the credit includes all the costs imposconsumer with the exclusion of up- front costs - insofar as they are preliminary and preparatory activities for the granting of the loan, and are fully exhausted at the time of granting the loan- that have been adequately identified and declared and the cost of third parties (e.g fee of credit intermediaries, insurance charges and taxes). As regards the method of reimbursement, the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should apply unless it is otherwise regulated oin the consumertract taken in account. In the case of early repayment the creditor should be entitled to a fair and objectively justified compensation for the costs directly linked to the early repayment, taking into account also any savings thereby made by the creditor. However, in order to determine the method of calculating the compensation, it is important to respect several principles. The calculation of the compensation due to the creditor should be transparent and comprehensible to consumers already at the pre-contractual stage and in any case during the performance of the credit agreement. In addition, the calculation method should be easy for creditors to apply, and supervisory control of the compensation by the competent authorities should be facilitated. Therefore, and due to the fact that consumer credit is, given its duration and volume, not financed by long- term funding mechanisms, the ceiling for the compensation should be fixed in terms of a flat-rate amount. This approach reflects the specific nature of consumer credits and should not prejudice the approach in respect of other products which are financed by long-term funding mechanisms, such as fixed-rate mortgage loans. _________________ 34 Judgment of the Court of Justice of 11 September 2019, Lexitor, C-383/18, ECLI:EU:C:2019:702.
2022/03/16
Committee: IMCO
Amendment 212 #

2021/0171(COD)

Proposal for a directive
Recital 65
(65) The fixing of caps on interest rates, on annual percentage rates of charge and or the total cost of the credit to the consumer is a common practice in a number of Member States. Such capping has proved beneficial for consumers. In that context, Member States should be able to maintain their current legal regime. However, in an effort to increase consumer protection without imposing unnecessary limits on Member States,, Member States should be able to set caps on interest rates, on annual percentage rates of charge and or on the total cost of the credit to the consumer should be introduced throughout the Union.
2022/03/16
Committee: IMCO
Amendment 250 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
(j a) hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement;
2022/03/16
Committee: IMCO
Amendment 255 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j b (new)
(j b) deferred debit cards when provided with a bank account;
2022/03/16
Committee: IMCO
Amendment 257 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j c (new)
(j c) overdraft facilities where the credit has to be repaid within one month, when linked to a bank account
2022/03/16
Committee: IMCO
Amendment 270 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 6 a (new)
6 a. Member States may determine that articles 8(2)points d to f, 10(3a), 10(8), 11(2a), 21(3 )and 29 shall not apply to the following credit agreements: credit agreements involving a total amount of credit less than EUR 200; credit agreements in the form of an overdraft facility and where the credit has to be repaid within three months; credit agreements where the credit is granted free of interest and without any other charges; credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable.
2022/03/16
Committee: IMCO
Amendment 275 #

2021/0171(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘credit agreement’ means an agreement whereby a creditor grants or promises to grant to a consumer credit in the form of a deferred payment, loan or other similar financial accommodation, except for: (i) agreements for the provision on a continuing basis of services or for the supply of goods of the same kind, where the consumer pays for such services or goods for the duration of their provision by means of instalments; (ii) hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement;
2022/03/16
Committee: IMCO
Amendment 311 #

2021/0171(COD)

Proposal for a directive
Article 6
Member States shall ensure that the conditions to be fulfilled for being granted a credit do not discriminate against consumers legally resident in the Union on ground of their nationality or place of residence or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union, when those consumers request, conclude or hold a credit agreement or crowdfunding credit services within the UnArticle 6 deleted Non-discrimination.
2022/03/16
Committee: IMCO
Amendment 342 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 3 a (new)
3 a. When the medium used to communicate the standard information does not allow for the information to be visually displayed in a simple manner, the consumer should be able to access further information by means of clicking or swiping;
2022/03/16
Committee: IMCO
Amendment 350 #

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, on paper or on another durable medium.
2022/03/16
Committee: IMCO
Amendment 361 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 1 – introductory part
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 the or sheconsumer is bound by any credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 367 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
In case the pre-contractual information referred to in the first subparagraph is provided less than one day before the consumer is bound by the credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services, Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services send a reminderprovide the pre-contractual information before the consumer is bound by the credit agreement or offer and send a reminder, by digital means, on paper or on another durable medium, to the consumer of the possibility to withdraw from the credit agreement or crowdfunding credit services and of the procedure to follow for withdrawing, in accordance with Article 26. That reminder shall be provided to the consumer, at the latest, one day after the conclusion of the credit agreement, of the agreement for the provision of crowdfunding credit services, or the acceptance of the credit offer.
2022/03/16
Committee: IMCO
Amendment 373 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 2
2. The pre-contractual information referred to in paragraph 1 shall be provided by digital means or on paper or on another durable medium by means of the Standard European Consumer Credit Information form set out in Annex I. All the information provided in the form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3, paragraphs (1) and (2) of Directive 2002/65/EC if he or she has supplied the Standard European Consumer Credit Information.
2022/03/16
Committee: IMCO
Amendment 375 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – introductory part
3. The pre-contractual information referred to in paragraph 1 shall specify all of the following elements, displayed on the first page of the Standard European Consumer Credit Information form and in a prominent way and readable for the consumer:
2022/03/16
Committee: IMCO
Amendment 376 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point a
(a) the type of credit;deleted
2022/03/16
Committee: IMCO
Amendment 380 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point b
(b) the identity, geographical address, telephone number and email address of the creditor as well as, where applicable, the identity, geographical address, telephone number and email address of the credit intermediary and of the provider of crowdfunding credit services involved;deleted
2022/03/16
Committee: IMCO
Amendment 382 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point c
(c) the total amount of credit and the conditions governing the drawdown;
2022/03/16
Committee: IMCO
Amendment 383 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point d
(d) the duration of the credit agreement or crowdfunding credit services;deleted
2022/03/16
Committee: IMCO
Amendment 387 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point f
(f) the borrowing rate, or all borrowing rates where different borrowing rates apply in different circumstances, the conditions governing the application of each borrowing rate and, where available, any index or reference rate applicable to each initial borrowing rate , as well as the periods, conditions and procedures for changing each borrowing rate;
2022/03/16
Committee: IMCO
Amendment 390 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point g
(g) the annual percentage rate of charge and the total amount payable by the consumer, illustrated by means of a representative example mentioning all the assumptions used in order to calculate that rate; Where the consumer has informed the creditor or the provider of crowdfunding credit services of one or more components of his or her preferred credit, such as the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services and the total amount of credit, the creditor or the provider of crowdfunding credit services shall take those components into account;
2022/03/16
Committee: IMCO
Amendment 392 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point h
(h) where a credit agreement or crowdfunding credit services provide different ways of drawdown with different charges or borrowing rates and the creditor uses the assumption set out in Part II, point (b), of Annex IV, an indication that other drawdown mechanisms for the relevant type of credit agreement or crowdfunding credit services may result in higher annual percentage rates of charge;deleted
2022/03/16
Committee: IMCO
Amendment 393 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point i
(i) the amount, number and frequency of payments to be made by the consumer and, where appropriate, the order in which payments will be allocated to different outstanding balances charged at different borrowing rates for the purposes of reimbursement;deleted
2022/03/16
Committee: IMCO
Amendment 394 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point j
(j) where applicable, the charges for maintaining one or several compulsory accounts recording both payment transactions and drawdowns, the charges for using a means of payment for both payment transactions and drawdowns, any other charges deriving from the credit agreement or crowdfunding credit services, and the conditions under which any of those charges may be changed;deleted
2022/03/16
Committee: IMCO
Amendment 395 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point k
(k) where applicable, any costs payable by the consumer to a notary on conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services;deleted
2022/03/16
Committee: IMCO
Amendment 396 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point l
(l) the obligation, if any, to enter into an ancillary service contract relating to the credit agreement or the crowdfunding credit services, where the conclusion of such a contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed;deleted
2022/03/16
Committee: IMCO
Amendment 397 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point m
(m) costs in the case of late payments, i.e. the interest rate applicable in the case of late payments and the arrangements for its adjustment, and, where applicable, any charges payable for default;
2022/03/16
Committee: IMCO
Amendment 398 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point n
(n) a warning regarding the consequences of missing or late payments;deleted
2022/03/16
Committee: IMCO
Amendment 402 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point o
(o) where applicable, the sureties requirdeleted;
2022/03/16
Committee: IMCO
Amendment 405 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point p
(p) the existence or absence of a right of withdrawal;
2022/03/16
Committee: IMCO
Amendment 406 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – 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;deleted
2022/03/16
Committee: IMCO
Amendment 407 #

2021/0171(COD)

(r) the consumer's right to be informed immediately and free of charge, pursuant to Article 19(2), of the result of a database consultation carried out for the purposes of assessing his or her creditworthiness;deleted
2022/03/16
Committee: IMCO
Amendment 408 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point s
(s) the consumer's right, as set out in paragraph 8, to be supplied, on request and free of charge, with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer;deleted
2022/03/16
Committee: IMCO
Amendment 410 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point t
(t) where applicable, an indication that the price was personalised on the basis of automated processing, including profiling;deleted
2022/03/16
Committee: IMCO
Amendment 411 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point u
(u) where applicable, the period of time during which the creditor or the provider of crowdfunding credit services is bound by the pre-contractual information provided in accordance with this Article;deleted
2022/03/16
Committee: IMCO
Amendment 412 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point v
(v) the possibility of having recourse to an out-of-court complaint and redress mechanism for the consumer and the methods for having access to it.deleted
2022/03/16
Committee: IMCO
Amendment 415 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 a (new)
3 a. The pre-contractual information referred to in paragraph 1 shall specify all of the following elements starting on the second page of the Standard European Consumer Credit Information form: (a) the type of credit; (b) the identity, geographical address, telephone number and email address of the creditor as well as, where applicable, the identity, geographical address, telephone number and email address of the credit intermediary and of the provider of crowdfunding credit services involved; (c) the conditions governing the drawdown; (d) the duration of the credit agreement or crowdfunding credit services; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) the conditions governing the application of each borrowing rate and, where available, any index or reference rate applicable to each initial borrowing rate , as well as the periods, conditions and procedures for changing each borrowing rate; (g) the annual percentage rate of charge and the total amount payable by the consumer, illustrated by means of a representative example mentioning all the assumptions used in order to calculate that rate;Where the consumer has informed the creditor or the provider of crowdfunding credit services of one or more components of his or her preferred credit, such as the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services and the total amount of credit, the creditor or the provider of crowdfunding credit services shall take those components into account; (h) where a credit agreement or crowdfunding credit services provide different ways of drawdown with different charges or borrowing rates and the creditor uses the assumption set out in Part II, point (b), of Annex IV, an indication that other drawdown mechanisms for the relevant type of credit agreement or crowdfunding credit services may result in higher annual percentage rates of charge; (i) the amount, number and frequency of payments to be made by the consumer and, where appropriate, the order in which payments will be allocated to different outstanding balances charged at different borrowing rates for the purposes of reimbursement;(j) where applicable, the charges for maintaining one or several compulsory accounts recording both payment transactions and drawdowns, the charges for using a means of payment for both payment transactions and drawdowns, any other charges deriving from the credit agreement or crowdfunding credit services, and the conditions under which any of those charges may be changed; (k) where applicable, any costs payable by the consumer to a notary on conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services; (l) the obligation, if any, to enter into an ancillary service contract relating to the credit agreement or the crowdfunding credit services, where the conclusion of such a contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed; (m) a warning regarding the consequences of missing or late payments; (n) where applicable, the sureties required; (o) 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; (p) the consumer's right to be informed immediately and free of charge, pursuant to Article 19(2), of the result of a database consultation carried out for the purposes of assessing his or her creditworthiness; (q) the consumer's right, as set out in paragraph 8, to be supplied, on request and free of charge, with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer; (r) where applicable, an indication that the price was personalised on the basis of automated processing, including profiling; (s) where applicable, the period of time during which the creditor or the provider of crowdfunding credit services is bound by the pre-contractual information provided in accordance with this Article; (t) the possibility of having recourse to an out-of-court complaint and redress mechanism for the consumer and the methods for having access to it.
2022/03/16
Committee: IMCO
Amendment 419 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4
4. At the same time as the Standard European Consumer Credit Information form is provided to the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services, shall provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II, containing the following pre-contractual information: (a) the total amount of credit; (b) the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services; (c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; (d) the annual percentage rate of charge and the total amount payable by the consumer; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) costs in the case of late payments;deleted
2022/03/16
Committee: IMCO
Amendment 441 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5 – introductory part
5. Information displayed in the Standard European Consumer Credit Information form and in the Standard European Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels.
2022/03/16
Committee: IMCO
Amendment 446 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.
2022/03/16
Committee: IMCO
Amendment 457 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 462 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer.
2022/03/16
Committee: IMCO
Amendment 469 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 1
1. For credit agreements referred to in Article 2(5) or (6), the pre-contractual information referred to in Article 10(1) shall, by way of derogation from paragraph 2 of that Article, be provided on paper or on another durable medium by means of the European Consumer Credit Information form set out in Annex III. All information provided in that form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3, paragraphs (1) and (2) of Directive 2002/65/EC if he or she has supplied the European Consumer Credit Information.
2022/03/16
Committee: IMCO
Amendment 487 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 6
6. Upon request from the consumer, the creditor and, where applicable, the credit intermediary shall, in addition to the European Consumer Credit Information and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.
2022/03/16
Committee: IMCO
Amendment 491 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this Article, the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement.
2022/03/16
Committee: IMCO
Amendment 502 #

2021/0171(COD)

Proposal for a directive
Article 13 – paragraph 1
Without prejudice to Regulation 2016/679, 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.
2022/03/16
Committee: IMCO
Amendment 515 #

2021/0171(COD)

Proposal for a directive
Article 14 – paragraph 3
3. By way of derogation from paragraph 1 and without prejudice to the application of competition law, Member States may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered, on terms and conditions similar to each other, aresult in a clear of benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.
2022/03/16
Committee: IMCO
Amendment 521 #

2021/0171(COD)

Proposal for a directive
Article 14 – paragraph 4 a (new)
4 a. This article does not prohibit the tying of an overdraft facility with the consumer’s payment account.
2022/03/16
Committee: IMCO
Amendment 529 #

2021/0171(COD)

Proposal for a directive
Article 16 – paragraph 3 – point d
(d) act in the best interests of the consumer by informing themselves about the consumer’s needs and circumstances and recommending suitable credit agreements;
2022/03/16
Committee: IMCO
Amendment 539 #

2021/0171(COD)

Proposal for a directive
Article 17 – title
Ban on unsolicited granting of credit sales
2022/03/16
Committee: IMCO
Amendment 544 #

2021/0171(COD)

Proposal for a directive
Article 17 – paragraph 1
Member States shall prohibit any salegranting of credit to consumers, without their prior request and explicit agreement.
2022/03/16
Committee: IMCO
Amendment 553 #

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 thoroughrelevant 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.
2022/03/16
Committee: IMCO
Amendment 561 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – introductory part
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitmentstaking into account the nature, duration, complexity and value of the credit provided. The information shall be obtained from relevant internal or external sources, including the consumer and,or where necessary, on the basis of a consultation of a database referred to in Article 19.
2022/03/16
Committee: IMCO
Amendment 567 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
The information obtained in accordance with this paragraph shall be appropriately verified, where necessary through reference to independently verifiable documentation or by using statistical methods within automated decision- making systems.
2022/03/16
Committee: IMCO
Amendment 582 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 3 – introductory part
3. Member States shall requiensure that the creditor or, where applicable, the provider of crowdfunding credit services establishes procedures for the assessment referred to in paragraph 1 and that theis required to reassess the consumer’s creditworthiness orn the provider of crowdfunding credit services documents and maintains such proceduresbasis of updated information before any significant increase in the total amount of credit is granted.
2022/03/16
Committee: IMCO
Amendment 583 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 3 a (new)
3 a. Member States shall guarantee that the right to be forgotten to all European patients 10 years after the end of their treatment, and up to five years after the end of treatment for patients whose diagnosis was made before the age of 18. Member States shall ensure equal access to credit for cancer survivors.
2022/03/16
Committee: IMCO
Amendment 586 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 4 – introductory part
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services is only able to makes the credit available to the consumer where the result of the creditworthiness assessment indicates that there is no significant doubt that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely towill be met in the manner required under that agreement.
2022/03/16
Committee: IMCO
Amendment 601 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – introductory part
6. Without prejudice to Regulation 2016/679, 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: obtain human intervention for clear explanation, express his or her point of view and to contest the decision.
2022/03/16
Committee: IMCO
Amendment 604 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – point a
(a) request and obtain human intervention on the part of the creditor or the provider of crowdfunding credit services to review the decision;deleted
2022/03/16
Committee: IMCO
Amendment 609 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – point b
(b) request and obtain from the 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;deleted
2022/03/16
Committee: IMCO
Amendment 614 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – point c
(c) express his or her point of view and contest the assessment of the creditworthiness and the decision.deleted
2022/03/16
Committee: IMCO
Amendment 620 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 7
7. Member States shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and, where applicable, of the fact that the assessment of creditworthiness is based on automated processing of data.
2022/03/16
Committee: IMCO
Amendment 628 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 9
9. Member States whose legislationmay requires creditors or providers of crowdfunding credit services to assess the creditworthiness of consumers on the basis of a consultation of the relevant database may retain this requirement.
2022/03/16
Committee: IMCO
Amendment 681 #

2021/0171(COD)

Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2 a (new)
The right of withdrawal referred to in the first subparagraph shall in any event lapse one year and 14 calendar days after the conclusion of the credit agreement or the agreement for the provision of crowdfunding credit services. That right of withdrawal shall not lapse if the consumer has not been informed about his right of withdrawal at all.
2022/03/16
Committee: IMCO
Amendment 692 #

2021/0171(COD)

Proposal for a directive
Article 29 – paragraph 1
1. Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. When calculating that reduction, all the costs imposed on the consumer by the creditor, except for fees corresponding to services effectively provided to the consumer or to costs effectively incurred by the lender, as well as third party costs, shall be taken into consideration.
2022/03/16
Committee: IMCO
Amendment 704 #

2021/0171(COD)

Proposal for a directive
Article 31
Caps on interest rates, annual percentage rate of charge and the total cost of the 1. Member States shall introduce caps on one or more of the following: (a) interest rates applicable to credit agreements or to crowdfunding credit services; (b) the annual percentage rate of charge; (c) the total cost of the credit to the consumer. 2. Member States may introduce additional caps for revolving credit facilities.Article 31 deleted credit to the consumer
2022/03/16
Committee: IMCO
Amendment 754 #

2021/0171(COD)

Proposal for a directive
Article 36 – paragraph 1
Member States shall ensure that debt advisory services are made available to consumers who experience or might experience difficulties in meeting their financial commitments.
2022/03/16
Committee: IMCO
Amendment 761 #

2021/0171(COD)

Proposal for a directive
Article 37 – paragraph 1
Member States shall ensurequire that 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 are subject to an adequate admission process and to registration and supervision arrangements set up by an independent competent authority. The Commission shall regularly monitor and review the efficiency of the measures taken.
2022/03/16
Committee: IMCO
Amendment 766 #

2021/0171(COD)

Proposal for a directive
Article 37 – paragraph 1 a (new)
The possibility to offer consumer credits shall be restricted to those entities that have obtained the authorization referred to in Article 37 (1).
2022/03/16
Committee: IMCO
Amendment 805 #

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
2022/03/16
Committee: IMCO
Amendment 806 #

2021/0171(COD)

Proposal for a directive
Annex II – paragraph 1
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.deleted
2022/03/16
Committee: IMCO
Amendment 807 #

2021/0171(COD)

Proposal for a directive
Annex II – paragraph 2
Indications between square brackets provide explanations for the creditor or the provider of crowdfunding credit services and must be replaced with the corresponding information.deleted
2022/03/16
Committee: IMCO
Amendment 808 #

2021/0171(COD)

Proposal for a directive
Annex II – paragraph 3
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
2022/03/16
Committee: IMCO
Amendment 61 #

2021/0114(COD)

Proposal for a regulation
Recital 5
(5) It is therefore necessary to complement existing Union instruments with a new tool to effectively deal with distortions in the internal market caused by foreign subsidies and ensure a level playing field. In particular, the new tool complements Union State aid rules which deal with distortions in the internal market caused by Member State subsidies. In parallel, the Union should promote effective rules on subsidies at multilateral level.
2022/02/11
Committee: INTA
Amendment 63 #

2021/0114(COD)

Proposal for a regulation
Recital 6
(6) Rules and procedures to investigate foreign subsidies that actually or potentially distort the internal market should be laid down and, where relevant, those distortions should be redressed. Foreign subsidies could distort the internal market if the undertaking benefitting from the foreign subsidy engages in an economic activity in the Union. The proper application and enforcement of this Regulation will contribute to the resilience of the internal market against distortions caused by external economic actors. This Regulation should therefore establish rules for all undertakings engaging in an economic activity in the Union. Given the significance of the economic activities pursued by SMEs, and their contribution to the fulfilment of the Union’s key policy goals, special attention is given to the impact of this Regulation on them.
2022/02/11
Committee: INTA
Amendment 71 #

2021/0114(COD)

Proposal for a regulation
Recital 9
(9) There should be a financial contribution provided, directly or indirectly, by the public authorities of a third country. The financial contribution may be granted through public or private entities. Whether a public entity provides a financial contribution should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the third country in which the entity operates including the government’s role in the economy of that third country. Financial contributions may also be granted through a private entity if its actions can be attributed to the third country. A financial contribution includes the privileged access to the domestic market that an undertaking has, for instance due to special or exclusive rights that were granted to an undertaking without receiving adequate remuneration in conformity with market rates. Such a privileged access could lead to an unfair competitive advantage and create distortions in the internal market.
2022/02/11
Committee: INTA
Amendment 81 #

2021/0114(COD)

Proposal for a regulation
Recital 10
(10) Such aA financial contribution should confer a benefit to an undertaking engaging in an economic activity in the internal market. A financial contribution that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, or the adequate remuneration for a given good or service.. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
2022/02/11
Committee: INTA
Amendment 91 #

2021/0114(COD)

Proposal for a regulation
Recital 16
(16) The Commission should take into account the positive effects of the foreign subsidy on the development of the relevant subsidised economic activity. The Commission should weigh these positive effects against the negative effects of a foreign subsidy in terms of distortion on the internal market in order to determine, if applicable, the appropriate redressive measure or accept commitments. The positive effects of the foreign subsidy should effectively contribute to achieving the objectives of Union policies. The balancing may also lead to the conclusion that no redressive measures should be imposed. Categories of foreign subsidies that are deemed most likely to distort the internal market are less likely to have more positive than negative effects. The Commission should make available guidelines to clarify the criteria used for the application of the balancing test, including the positive effects in relation to the objectives of Union policies.
2022/02/11
Committee: INTA
Amendment 97 #

2021/0114(COD)

Proposal for a regulation
Recital 19
(19) The undertaking concerned could offer to repay the subsidy, together with appropriate interest. The Commission shcould accept a repayment offered as a commitment if it can ascertain that the repayment fully remedies the distortion, is executed in a transparent manner and is effective in practice, while taking into account the risk of circumvention of the objectives of this Regulation.
2022/02/11
Committee: INTA
Amendment 107 #

2021/0114(COD)

Proposal for a regulation
Recital 21 a (new)
(21 a) A contact point should be established by the Commission so that Member States or interested parties such as undertakings or trade associations can share information regarding actual or potential cases of distortion on the internal market with the Commission. The Commission can use this information for the relevant procedures under this Regulation, including the ex officio review.
2022/02/11
Committee: INTA
Amendment 110 #

2021/0114(COD)

(22) The Commission should be given adequate investigative powers to gather all necessary information. It should therefore have the power to request information from any undertaking or association of undertakings throughout the whole procedure. The Commission should be able to use information from any available source, including from Member States and interested parties such as undertakings and trade associations. In addition, the Commission should have the power to impose fines and periodic penalty payments for failure to timely supply the requested information or for supplying incomplete, incorrect or misleading information. The Commission could also address questions to Member States or to third countries. Furthermore, the Commission should have the power to make fact-finding visits at the Union premises of the undertaking, or, subject to agreement by the undertaking and the third country concerned, at the premises of the undertaking in the third country. The Commission should also have the power to take decisions on the basis of facts available if the undertaking in question does not cooperate.
2022/02/11
Committee: INTA
Amendment 115 #

2021/0114(COD)

Proposal for a regulation
Recital 26
(26) The Commission should have appropriate instruments to ensure the effectiveness of commitments and redressive measures. If the undertaking concerned does not comply with a decision with commitments, a decision imposing redressive measures, or a decision ordering interim measures, the Commission should have the power to impose fines and periodic penalty payments. The Commission shall take into account cases of repeated non-compliance when imposing such fines and periodic penalty payments.
2022/02/11
Committee: INTA
Amendment 120 #

2021/0114(COD)

Proposal for a regulation
Recital 30
(30) It is necessary to strike a balance between effective protection of the internal market and the need to limit the administrative burden on undertakings subject to this Regulation. Therefore, only concentrations meeting combined thresholds as defined in this Regulation based on the size of the turnover in the Union and the size of the subsidy should be subject to mandatory prior notification. The effectiveness of the threshold for the notification obligation for concentrations should be reviewed one year after the entry into force of this Regulation.
2022/02/11
Committee: INTA
Amendment 122 #

2021/0114(COD)

Proposal for a regulation
Recital 31
(31) Below the notification thresholds, the Commission cshould require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
2022/02/11
Committee: INTA
Amendment 129 #

2021/0114(COD)

Proposal for a regulation
Recital 32
(32) When reviewing a concentration, the assessment of whether there is a distortion in the internal market should be limited to the concentration at stake, and only foreign subsidies granted in the three years prior to the concentration or known subsidies that have already been established and shall become effective following the concentration should be considered in the assessment.
2022/02/11
Committee: INTA
Amendment 135 #

2021/0114(COD)

Proposal for a regulation
Recital 34
(34) When a foreign financial contribution is notified in the context of a public procurement procedure, the assessment should be limited to that procedure. The assessment shall include foreign financial contributions in the three years prior to the notification and known subsidies that have already been established and shall become effective following the procurement procedure.
2022/02/11
Committee: INTA
Amendment 141 #

2021/0114(COD)

Proposal for a regulation
Recital 36 a (new)
(36 a) The effectiveness of the threshold for the notification obligation for procurement should be reviewed one year after the entry into force of this Regulation.
2022/02/11
Committee: INTA
Amendment 145 #

2021/0114(COD)

Proposal for a regulation
Recital 37 a (new)
(37 a) Whereas this Regulation should cover all economic sectors of the internal market, the ex officio review could in particular take into account sectors that are of strategic interest to the Union, such as sectors related to national security or public order.
2022/02/11
Committee: INTA
Amendment 146 #

2021/0114(COD)

Proposal for a regulation
Recital 37 b (new)
(37 b) The Commission should be able to use information obtained from the market investigation for the relevant procedures under this Regulation, including the ex officio review.
2022/02/11
Committee: INTA
Amendment 156 #

2021/0114(COD)

Proposal for a regulation
Recital 48
(48) In order to ensure a level playing field on the internal market also in the long term, with a view to ensuring adequate coverage of cases investigated both through notifications as well as ex officio, the Commission should review the functioning and effectiveness of this Regulation at the latest three years after its entry into force. The Commission should present its findings in a report to the European Parliament and the Council. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the notification thresholds for concentrations and for public procurement procedures, including the use of different thresholds for certain sectors, exempting certain categories of undertakings from the notification obligations under this Regulation, as well as amending the time limits for the preliminary review and the in-depth investigations of notified concentrations or notified financial contributions in the context of a public procurement procedure. In relation to financial contributions in the context of a public procurement procedure, the power to adopt such acts should be exercised in a way thatSuch acts should takes into account the interests of SMEs. It is of particular importance that the Commission carries out appropriate consultations during the preparations of those acts, 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-Making47 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 47 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
2022/02/11
Committee: INTA
Amendment 171 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a – introductory part
(a) a financial contribution shall include, inter alia:
2022/02/11
Committee: INTA
Amendment 176 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a – point ii
(ii) the foregoing of revenue that is otherwise due; or such as granting special or exclusive rights without adequate remuneration or tax exemptions;
2022/02/11
Committee: INTA
Amendment 178 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a – point iii
(iii) the provision of goods or services or the purchase of goods andor services;
2022/02/11
Committee: INTA
Amendment 197 #

2021/0114(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
(1) A distortion on the internal market shall be deemed to exist where a foreign subsidy is liable to improve the competitive position of the undertaking concerned in the internal market and where, in doing so, it actually or potentially negatively affects competition on the internal market. Whether there is a distortion on the internal market shall be determined on the basis of indicators, which may include, inter alia, the following:
2022/02/11
Committee: INTA
Amendment 201 #

2021/0114(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d
(d) the level of economic activity of the undertaking concerned on the internal market, including of any subsidiaries of that undertaking on the internal market;
2022/02/11
Committee: INTA
Amendment 203 #

2021/0114(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
(d a) the level of economic activity of that undertaking on its domestic market;
2022/02/11
Committee: INTA
Amendment 217 #

2021/0114(COD)

Proposal for a regulation
Article 3 – paragraph 2 b (new)
(2 b) The Commission shall make available guidelines on the application of this Article.
2022/02/11
Committee: INTA
Amendment 222 #

2021/0114(COD)

(4 a) a foreign subsidy compensating for the operating costs of an undertaking, enabling that undertaking to offset its operating losses and provide goods and services at price levels that are not economically justifiable.
2022/02/11
Committee: INTA
Amendment 227 #

2021/0114(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
the transfer of a foreign subsidy to a subsidiary of the undertaking established in the internal market;
2022/02/11
Committee: INTA
Amendment 235 #

2021/0114(COD)

Proposal for a regulation
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity. The positive effects shall contribute to the achievement of the objectives of Union policies.
2022/02/11
Committee: INTA
Amendment 245 #

2021/0114(COD)

Proposal for a regulation
Article 5 – paragraph 2 a (new)
(2 a) The Commission shall make available guidelines on the criteria that are used for the balancing between the negative and the positive effects of a foreign subsidy.
2022/02/11
Committee: INTA
Amendment 257 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may consist, inter alia, of the following:
2022/02/11
Committee: INTA
Amendment 259 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point a
(a) offering access under fair and non- discriminatory conditions to an infrastructure or facility that was acquired or supported by the distortive foreign subsidies unless such fair and non- discriminatory access is already provided for by legislation in force in the Union;
2022/02/11
Committee: INTA
Amendment 263 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point h a (new)
(h a) exclusion from future procurement procedures;
2022/02/11
Committee: INTA
Amendment 266 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 5
(5) If an undertaking offers commitments which fully and effectively remedy the distortion on the internal market, the Commission may accept them and make themthe Commission shall in that case make those commitments binding on the undertaking in a decision with commitments according to Article 9(3).
2022/02/11
Committee: INTA
Amendment 272 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shallcould accept such repayment as commitment if it can ascertain that the repayment is transparent and effectively remedies the distortion, while taking into account the risk of circumvention.
2022/02/11
Committee: INTA
Amendment 284 #

2021/0114(COD)

Proposal for a regulation
Article 7 – paragraph 1
The Commission may on its own initiative examine information from any source regarding alleged distortive foreign subsidies, including from Member States and interested parties such as undertakings and trade associations.
2022/02/11
Committee: INTA
Amendment 331 #

2021/0114(COD)

Proposal for a regulation
Article 11 – paragraph 5 a (new)
(5 a) The Commission shall establish a contact point where Member States and interested parties such as undertakings and trade associations can share information with regard to actual or potential distortions of the internal market.
2022/02/11
Committee: INTA
Amendment 345 #

2021/0114(COD)

Proposal for a regulation
Article 13 – paragraph 1
In order to carry out the duties assigned to it by this Regulation, the Commission may conduct inspections in the territory of a third country, provided that the undertaking concerned has given its consent and the government of the third country has been officially notified and has agreed to the inspection. Article 12(1), (2), and (3) points (a) and (b) shall apply by analogy.
2022/02/11
Committee: INTA
Amendment 367 #

2021/0114(COD)

Proposal for a regulation
Article 17 – paragraph 1
In a concentration, the assessment whether there is a distortion on the internal market within the meaning of Articles 3 or 4 shall be limited to the concentration at stake. Only foreign subsidies granted in the three calendar years prior to the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest, or known subsidies that have already been established and shall become effective following the concentration, shall be considered in the assessment.
2022/02/11
Committee: INTA
Amendment 388 #

2021/0114(COD)

Proposal for a regulation
Article 19 – paragraph 4
(4) If the undertakings concerned fail to meet their obligation to notify, the Commission mayshall review a notifiable concentration in accordance with this Regulation by requesting the notification of that concentration. In that case the Commission shall not be bound by the time limits referred to in Article 23(1) and (4).
2022/02/11
Committee: INTA
Amendment 394 #

2021/0114(COD)

Proposal for a regulation
Article 19 – paragraph 5
(5) The Commission may request the prior notification of any concentration which is not a notifiable concentration within the meaning of Article 18 at any time prior to its implementation where the Commission suspects that the undertakings concerned may have benefitted from foreign subsidies in the three years prior to the concentration or may benefit from known subsidies that have already been established and shall become effective following the concentration. That concentration shall be deemed to be a notifiable concentration for the purposes of this Regulation.
2022/02/11
Committee: INTA
Amendment 416 #

2021/0114(COD)

Proposal for a regulation
Article 26 – paragraph 1
Foreign subsidies that cause or risk causing a distortion in a public procurement procedure shall be understood as foreign subsidies that enable an undertaking to submit a tender that is unduly advantageous in relation to the works, supplies or services concerned. The assessment of whether there is a distortion on the internal market pursuant to Article 3 and whether a tender is unduly advantageous in relation to the works, supplies or services concerned shall be limited to the public procurement procedure at stake. Only foreign subsidies granted during the three years prior to the notification or known subsidies that have already been established and shall become effective following the procurement procedure shall be taken into account in the assessment.
2022/02/11
Committee: INTA
Amendment 444 #

2021/0114(COD)

Proposal for a regulation
Article 28 – paragraph 6
(6) Where the Commission suspects that an undertaking may have benefitted from foreign subsidies in the three years prior to the submission of the tender or request to participate in the public procurement procedure or may benefit from known subsidies that have already been established and shall become effective following the procurement procedure, it may request the notification of the foreign financial contributions received by that undertaking in any public procurement procedure which are not notifiable under Article 27(2) or fall within the scope of paragraph 5 of this Article, at any time before the award of the contract. Once the Commission has requested the notification of such a financial contribution, it is deemed to be a notifiable foreign financial contribution in a public procurement procedure.
2022/02/11
Committee: INTA
Amendment 452 #

2021/0114(COD)

Proposal for a regulation
Article 29 – paragraph 2
(2) The Commission shall carry out a preliminary review no later than 630 days after it received the notification.
2022/02/11
Committee: INTA
Amendment 458 #

2021/0114(COD)

Proposal for a regulation
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 2100 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entity.
2022/02/11
Committee: INTA
Amendment 490 #

2021/0114(COD)

Proposal for a regulation
Article 34 – paragraph 3
(3) The Commission may use the information obtained from such market investigations in the framework of procedures under this Regulation, including the ex officio review.
2022/02/11
Committee: INTA
Amendment 503 #

2021/0114(COD)

Proposal for a regulation
Article 40 – paragraph 7
(7) An investigation pursuant to this Regulation shall not be carried out and measures shall not be imposed or maintained where such investigation or measures would be contrary to the Union’s obligations emanating from any relevant international agreement it has entered into. In particular, no action shall be taken under this Regulation which would amount to a specific action against a subsidy within the meaning of Article 32.1 of the Agreement on Subsidies and Countervailing Measures except where the country granting the subsidy is not a WTO member or where the Commission has well-founded indications that the country granting the subsidy is in substantial non-compliance with notification obligations under the Agreement or under other international agreements. Provided that, regardless of the sector involved, actions may always be taken under this Regulation in relation to foreign subsidies which cause distortions on the internal market in public procurement procedures or in relation to concentrations. This Regulation shall not prevent the Union from exercising its rights or fulfilling its obligations under international agreements.
2022/02/11
Committee: INTA
Amendment 520 #

2021/0114(COD)

Proposal for a regulation
Article 46 – paragraph 1
Within fivthree years after the entry into force of this Regulation at the latest, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation, accompanied, where the Commission considers it appropriate, by relevant legislative proposals. The relevant thresholds for the concentration and procurement procedures shall also be subject to a review one year after entry into force of this Regulation.
2022/02/11
Committee: INTA
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 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 352 #

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).
2022/03/24
Committee: JURI
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 375 #

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 authentification and verification systems whose purpose is to confirm, based on prior consent, that a specific natural person is the person he or she claims to be or to confirm the identity of a natural person for the 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
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 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 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 451 #

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 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 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 467 #

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 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 473 #

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 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 483 #

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 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 490 #

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 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 499 #

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 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 512 #

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 533 #

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:.
2022/03/24
Committee: JURI
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 535 #

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
2022/03/24
Committee: JURI
Amendment 539 #

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
2022/03/24
Committee: JURI
Amendment 543 #

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
2022/03/24
Committee: JURI
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 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 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 595 #

2021/0106(COD)

Proposal for a regulation
Recital 39 a (new)
(39 a) The use of AI systems in migration, asylum and border management should however not, at any point, be used by Member States or by the institutions or agencies of the Union to infringe on the principle of non- refoulement, the right to asylum or to circumvent international obligations under the Convention of 28 July 1951 relating to the Status of Refugees as amended by the Protocol of 31 January 1967.
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 602 #

2021/0106(COD)

Proposal for a regulation
Recital 40 a (new)
(40 a) When the “deep fake” content forms part of an evidently artistic, creative, or fictional cinematographic and analogous work, or when the “AI authors” generate content that undergoes human review and for the publication of which a natural or legal person established in the Union is liable or holds editorial responsibility, the AI systems should not be considered high-risk but should nevertheless be subject to adequate transparency requirements, where appropriate.
2022/06/13
Committee: IMCOLIBE
Amendment 613 #

2021/0106(COD)

Proposal for a regulation
Recital 42
(42) To mitigate the risks from high-risk AI systems placed or otherwise put into service on the Union market for users and affected persons, certain mandatory requirements should apply, taking into account the intended purpose of the use of the system and according to the risk management system to be established by the provider. These requirements should be objective-driven, fit to purpose, reasonable and effective, without adding undue regulatory burdens or costs on operators.
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 663 #

2021/0106(COD)

Proposal for a regulation
Recital 58
(58) Given the nature of AI systems and the risks to safety and fundamental rights possibly associated with their use, including as regard the need to ensure proper monitoring of the performance of an AI system in a real-life setting, it is appropriate to set specific responsibilities for users. Users should in particular use high-risk AI systems in accordance with the instructions of use and certain other obligations should be provided for with regard to monitoring of the functioning of the AI systems and with regard to record- keeping, as appropriate. Given the potential impact and the need for democratic oversight and scrutiny, users of high-risk AI systems that are public authorities or Union institutions, bodies, offices and agencies should be required to conduct a fundamental rights impact assessment prior to commencing the use of a high-risk AI system should be required to register the use of any high- risk AI systems in a public database.
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 750 #

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.
2022/03/24
Committee: JURI
Amendment 757 #

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 detect, prevent, investigate and prosecute criminal offences 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.
2022/03/24
Committee: JURI
Amendment 759 #

2021/0106(COD)

Proposal for a regulation
Recital 81
(81) The development of AI systems other than high-risk AI systems in accordance with the requirements of this Regulation may lead to a larger uptake of trustworthy artificial intelligence in the Union. Providers of non-high-risk AI systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems or risk-appropriate codes of conduct that sufficiently increase trust in the underlying technology that is not high-risk. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to environmental sustainability, accessibility to persons with disability, stakeholders’ participation in the design and development of AI systems, and diversity of the development teams. The Commission may develop initiatives, including of a sectorial nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data.
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 773 #

2021/0106(COD)

Proposal for a regulation
Recital 85
(85) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the techniques and approaches referred to in Annex I to define AI systems, the Union harmonisation legislation listed in Annex II, the high-risk AI systems listed in Annex III, the provisions regarding technical documentation listed in Annex IV, the content of the EU declaration of conformity in Annex V, the provisions regarding the conformity assessment procedures in Annex VI and VII and the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including with industry, civil society, other stakeholders, and at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making58 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 58 OJ L 123, 12.5.2016, p. 1.
2022/06/13
Committee: IMCOLIBE
Amendment 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 805 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point e b (new)
(e b) measures in support of innovation, including the setting up of regulatory sandboxes, and measures to reduce the regulatory burden on SMEs and start-ups.
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 1051 #

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 authentification and verification systems whose sole purpose is to confirm, based on prior consent, that a specific natural person is the person he or she claims to be or 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 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 1197 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
(c) the placing on the market, putting into service or use of AI systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certainn extended period of time based on their social behaviour or known or predicted personal or personality characteristics, (social scoring),with the social score leading to either or both of the following:
2022/06/13
Committee: IMCOLIBE
Amendment 1208 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
(i) detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts whichthat are unrelated to the contexts in which the data was originally generated or collected;
2022/06/13
Committee: IMCOLIBE
Amendment 1220 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii a (new)
(ii a) privileged treatment of certain natural persons or whole groups thereof in social contexts that are unrelated to the contexts in which the data was originally generated or collected;
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 1233 #

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 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 1253 #

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 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 1263 #

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 1273 #

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 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 1348 #

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 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 1357 #

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 1359 #

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 1362 #

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 1364 #

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 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 1376 #

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 1381 #

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 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 1558 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. H1. Operators of high-risk AI systems shall comply with the requirements established in this Chapter.
2022/06/13
Committee: IMCOLIBE
Amendment 1559 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1 a. In complying with the requirements established in this Chapter, operators of high-risk AI systems shall take into account the generally- acknowledged state of the art, including as reflected in the relevant harmonised standards and common specifications referenced in Articles 40 and 41.
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 1659 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 8
8. When implementing the risk management system described in paragraphs 1 to 7, specific consideration shall be given to whether the high-risk AI system is likely to be accessed by or have an impact on children or natural persons suffering from disabilities that render them legally unable to give their consent.
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 2012 #

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 market surveillance authority and the provider or the importer of the system, 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 2040 #

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.
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 2050 #

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 2125 #

2021/0106(COD)

Proposal for a regulation
Article 40 – paragraph 1 a (new)
The Commission shall issue standardisation requests covering all essential requirements of this Regulation in accordance with Article 10 of Regulation 1025/2012 no later than 6 months after the date of entry into force of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2131 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 do not exist 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 Titleshall issue a standardisation request to one or several of the European standardization organizations in accordance with Article 10 of Regulation 1025/2012 and may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title, which shall only be valid until the requested harmonised standards have been elaborated and published in the Official Journal of the European Union. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
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 2139 #

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 relevant stakeholders, including industry, start-ups, and SMEs, and of relevant bodies or expert groups established under relevant sectorial Union law.
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 2334 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 6
6. The modalities and the conditions of the operation of the AI regulatory sandboxes, including the eligibility criteria and the procedure for the application, selection, participation and exiting from the sandbox, and the rights and obligations of the participants shall be set out in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2). no later than 12 months following the entry into force of this Regulation and shall ensure, inter alia: (a) that they allow start-ups to use their participation in the sandbox in order to fulfil, in a guided environment with significantly reduced costs, the conformity assessment obligations of this Regulation or the voluntary application of the codes of conduct referred to in Article 69; (b) that adequate resources are dedicated to the establishment and functioning of the regulatory sandboxes so that the regulatory sandboxes can ensure broad access and keep up with demand for participation without creating disincentivising backlogs or delays; (c)that procedures, processes, and bureaucratic requirements for application, selection, participation, and exiting the sandbox are simple, easily intelligible, clearly communicated, and streamlined so as to facilitate the participation of startups with limited legal and bureaucratic capacities; (d) that procedures, processes, and bureaucratic requirements for application, selection, participation, and exiting the sandbox are streamlined across the Union and that participation in a regulatory sandbox established by a Member State by virtue of its obligation in paragraph 1 or by the Commission is uniformly recognised and carries the same legal effects across the Union.
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 2341 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 6 a (new)
6 a. The Commission shall draw up guidelines for the proper establishment, development, implementation, functioning, and supervision of regulatory sandboxes.
2022/06/13
Committee: IMCOLIBE
Amendment 2352 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point a – point i
(i) the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, under the control and responsibility of the competent authorities. The processing shall be based on Member State or Union law;
2022/06/13
Committee: IMCOLIBE
Amendment 2365 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point j
(j) a short summary of the AI project developed in the sandbox, its objectives, hypotheses and expected results, and non- confidential testing results, is published on the website of the competent authorities.
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 2839 #

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 2842 #

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 2926 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 3 b (new)
3 b. Delegated acts that lead to the modification or the addition of obligations on operators shall foresee an adequate transition period of no less than 24 months before their entry into force.
2022/06/13
Committee: IMCOLIBE
Amendment 2942 #

2021/0106(COD)

Proposal for a regulation
Article 82 a (new)
Article 82 a Sound regulation In taking into account the requirements of this Regulation pursuant to the Amendments in Articles 75, 76, 77, 78, 79, 80, 81, and 82, the Commission shall conduct an analysis and consult relevant stakeholders to determine potential gaps as well as overlaps between existing sectoral legislation and the provisions of this Regulation in order to avoid duplication, overregulation, and the creation of loopholes.
2022/06/13
Committee: IMCOLIBE
Amendment 2952 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
The requirements laid down in this Regulation shall be taken into account, where applicable, in the evaluation of each large-scale IT systems established by the legal acts listed in Annex IX to be undertaken as provided for in those respective acts and whenever those legal acts are replaced or amended.
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 2977 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point b a (new)
(b a) the state of the development of harmonised standards and common specifications for Artificial Intelligence;
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 3125 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point a
(a) AI systems intended to be used by public authorities or on behalf of public authorities to evaluate the eligibility of natural persons for public assistance benefits and services, as well as to grant, reduce, revoke, increase, or reclaim such benefits and services;
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 3163 #

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 behalf of law enforcement authorities as polygraphs and similar tools or to detect the emotional state of a natural person;
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 3166 #

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 behalf of law enforcement authorities to detect deep fakes as referred to in article 52(3);
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 3169 #

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 behalf of law enforcement authorities for evaluation of the reliability of evidence in the course of investigation or prosecution of criminal offences;
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 3182 #

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 behalf of law enforcement authorities 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 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 3196 #

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 3204 #

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 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 3208 #

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 3213 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to be used by competent public authorities or on their behalf or to assist competent public authorities forin 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 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 3280 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 5
5. A description of any relevant change made 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 105 #

2021/0105(COD)

Proposal for a regulation
Recital 15
(15) Since the purpose of this Regulation is to address the risks stemming from the machinery function and not the transportation function of goods or persons, it should not apply to vehicles which only objective is the merapproved for the transport of goods or persons or animals on road, by air, on water or on rail networks, regardless of the speed limits. However, machinery mounted on such vehicles or mobile machinery intended for facilitating works such as in construction sites or warehouses e.g. dumpers and forklifts, have a machinery function and should therefore be covered by this Regulation. Equally, non-type- approved, off-road and competition vehicles, as well as e-bikes, e-scooters and similar means of transport should be covered by this Regulation. Since agricultural and forestry vehicles and two- or three-wheel vehicles and quadricycles, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, fall within the scope of Regulation (EU) No 167/2013 of the European Parliament and of the Council19 and Regulation (EU) No 168/2013 of the European Parliament and of the Council20 respectively, they should be excluded from the scope of this Regulation when approved according to Regulation (EU) No 167/2013 and Regulation (EU) No 168/2013 respectively. __________________ 19 Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1). 20 Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).
2021/11/10
Committee: IMCO
Amendment 110 #

2021/0105(COD)

Proposal for a regulation
Recital 19
(19) Where machinery products pose risks that are addressed by the essential health and safety requirements set out in this Regulation but are also wholly or partly covered by other more specific Union legislation, this Regulation should not apply to the extent that those risks are covered by that other Union legislation. In other cases, machinery products may pose risks that are not covered by the essential health and safety requirements set out in this Regulation. For example, machinery products incorporating a Wi-Fi function or an artificial intelligence system may pose risks not addressed by the essential health and safety requirements set out in this Regulation, as this Regulation does not deal with risks specific to such systems. For artificial intelligence systems, the specific Union legislation on artificial intelligence should apply, since it contains specific safety requirements for high-risk artificial intelligence systems that pose significant risks to the health and safety or fundamental rights of persons. In order to avoid incoherence with regard to the type of conformity assessment and to avoid introducing requirements to perform two conformity assessments, those specific safety requirements should however be checked as part of the conformity assessment procedure set out in this Regulation. The essential health and safety requirements set out in this Regulation should in any case be applied in order to ensure, where applicable, the safe integration of the artificial intelligence system into the overall machinery, so as not to compromise the safety of the machinery product as a whole.
2021/11/10
Committee: IMCO
Amendment 111 #

2021/0105(COD)

Proposal for a regulation
Recital 21
(21) The evolution of the state of the art in the machinery sector has an impact on the classification of high-risk machinery products that potentially pose a high risk. In view of properly reflecting all high-risk machinery products potentially posing a high risk, criteria should be established for the assessment by the Commission of which machinery products should be included in the listAnnex I of thigh risk machinery productss Regulation, containing the list of machinery products that potentially pose a high risk.
2021/11/10
Committee: IMCO
Amendment 113 #

2021/0105(COD)

Proposal for a regulation
Recital 29
(29) The manufacturer or the manufacturer’s authorised representative should also ensure that a risk assessment is carried out for the machinery product, which the manufacturer wishes to place on the market. For this purpose, the manufacturer should determine which of the essential health and safety requirements that are applicable to the machinery product and in respect of which measures must be taken to address the risks that the machinery product may present. Where the machinery product integrates an artificial intelligence system, the risks identified during the risk assessment should include those risks that may appear during the machinery product’s lifecycle due to an intended evolution of its behaviour to operate with varying levels of autonomy. In this respect, where the machinery product integrates an artificial intelligence system, the risk assessment for the machinery product should consider the risk assessment for that artificial intelligence system that has been carried out pursuant to Regulation (EU) .../... of the European Parliament and of the Council23 . __________________ 23 + OJ: Please insert in the text the number of the Regulation contained in document ….
2021/11/10
Committee: IMCO
Amendment 118 #

2021/0105(COD)

Proposal for a regulation
Recital 34
(34) When placing machinery products on the market, the importer should indicate on the machinery product his or her name, registered trade name or registered trade mark, the e-mail address and the postal address at which he or she can be contacted. Exceptions should be provided for in cases where the size or nature of the machinery product does not allow it. This includes cases where the importer would have to open the packaging to put his or her name and address on the machinery product.
2021/11/10
Committee: IMCO
Amendment 120 #

2021/0105(COD)

Proposal for a regulation
Recital 45
(45) The list of high-risk machinery in Annex IV to Directive 2006/42/EC is so far based on the risk emanating from the intended use or any reasonably foreseeable misuse of that machinery. Nevertheless, the machinery sector embraces new ways of designing and constructing machinery products that may imply high risks, regardless of such intended use or any reasonably foreseeable misuse. For example, software ensuring safety functions of machinery based on artificial intelligence, embedded or not in the machinery product, should be classified as a high-risk machinery product due to the characteristics of artificial intelligence such as data dependency, opacity, autonomy and connectivity, which might increase very much the probability and severity of harm and seriously affect the safety of the machinery product. Furthermore, the market for software ensuring safety functions of machinery products based on artificial intelligence is so far very small, which results in a lack of experience and data. Therefore, the conformity assessment of software ensuring safety functions based on artificial intelligence should be carried out by a third party.
2021/11/10
Committee: IMCO
Amendment 126 #

2021/0105(COD)

Proposal for a regulation
Recital 50
(50) Manufacturers should bare responsible for certifying the conformity of their machinery products with this Regulation. Nevertheless, for certain types of machinery products that have a higher risk fto make sure that a conformity assessment of their machinery products is carried out in actcor, a stricter certification procedure requiring participation of a notified body should be requireddance with this Regulation.
2021/11/10
Committee: IMCO
Amendment 129 #

2021/0105(COD)

Proposal for a regulation
Recital 65
(65) In order to take into account technical progress and knowledge or new scientific evidence, 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 amending the list of high-riskAnnex I machinery products and the indicative list of safety components. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including atwith expert levels and stakeholders. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
2021/11/10
Committee: IMCO
Amendment 135 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
(ga) non type approved road vehicles including pedal cycles with pedal assistance;
2021/11/10
Committee: IMCO
Amendment 144 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point e
(e) vehicles which have as their only objective the transport of goods, animals or persons by road, air, water or rail except for machinery mounted on those vehicles; the manufacturers of vehicles shall provide information on fastening, statics, mass/forces and similar important product details that affect the safe functioning when mounting machinery on the vehicle to end users upon request.
2021/11/10
Committee: IMCO
Amendment 148 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point f
(f) two- or three-wheel vehicles and quadricycles, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that fall within the scope of application of Regulation (EU) No 168/2013approved according to Regulation (EU) No 168/2013 except for machinery mounted on those vehicles;
2021/11/10
Committee: IMCO
Amendment 153 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g
(g) agricultural and forestry vehicles, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that fall within the scope of application of Regulation (EU) No 167/2013are approved according to Regulation (EU) No 167/2013, except for machinery mounted on those vehicles;
2021/11/10
Committee: IMCO
Amendment 155 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g a (new)
(ga) motor vehicles and their trailers as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that are approved according to Regulation (EU) No 2018/858, except for machinery mounted on those vehicles;
2021/11/10
Committee: IMCO
Amendment 158 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g b (new)
(gb) motor vehicles exclusively intended for competition;
2021/11/10
Committee: IMCO
Amendment 159 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g c (new)
(gc) assemblies of CE marked pressure equipment within the meaning of Directive 2014/68/EU;
2021/11/10
Committee: IMCO
Amendment 164 #

2021/0105(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
(f) an assembly as referred to in points (a), (b), (c), (d) and (e) missing only the upload of a software intended for its specific application, if the safe use does not depend on this software.
2021/11/10
Committee: IMCO
Amendment 168 #

2021/0105(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘safety component’ means a physical or digital component, including software, of a machinery which servesproduct, except partly completed machinery, which is designed or intended to fulfil a safety function and which is independently placed on the market, the failure or malfunction of which endangers the safety of persons but which is not necessary in order for the machinery to function or may be substituted by normal components in order for the machinery to function;
2021/11/10
Committee: IMCO
Amendment 172 #

2021/0105(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13
(13) ‘putting into service’ means the first use, for its intended purpose, in the Union, of a machinery product except for partly completed machinery;
2021/11/10
Committee: IMCO
Amendment 175 #

2021/0105(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16
(16) ‘substantial modification’ means a modification of a machinery product, except for partly completed machinery, by physical or digital means after that machinery product has been placed on the market or put into service, which is not foreseen or planned by the manufacturer and as a result of which the compliance of the machinery product with the relevant essential health and safety requirements may be affected. A substantial modification is given if the remaining risk is increased by the modification of the machine under the application of all necessary protective measures;
2021/11/10
Committee: IMCO
Amendment 182 #

2021/0105(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 18
(18) ‘instructions for use’ means the information provided by the manufacturer when the machinery product, except for partly completed machinery, is placed on the market or put into service to inform the user of the machinery product of the intended purpose and the proper use of that machinery product as well as information on any precautions to be taken when using or installing the machinery product, including information on the safety aspects;
2021/11/10
Committee: IMCO
Amendment 186 #

2021/0105(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 28
(28) ‘conformity assessment’ means the process demonstrating whether the essential health and safety requirements of this Regulation relating to machinery products, except for partly completed machinery, have been fulfilled;
2021/11/10
Committee: IMCO
Amendment 191 #

2021/0105(COD)

Proposal for a regulation
Article 5 – title
High-risk mMachinery products referred to in Annex I
2021/11/10
Committee: IMCO
Amendment 194 #

2021/0105(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. High-risk mMachinery products listed in Annex I shall be subject to a specific conformity assessment procedure, as referred to in Article 21(2).
2021/11/10
Committee: IMCO
Amendment 199 #

2021/0105(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 45 to amend Annex I in view of technical progress and knowledge or new scientific evidence by including in the list of high-riskAnnex I machinery products a new machinery product or withdrawing an existing machinery product from that list, pursuant to the criteria laid down in paragraphs 3 and 4.
2021/11/10
Committee: IMCO
Amendment 203 #

2021/0105(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
A machinery product shall be included in the list of high-risk machinery products in Annex I if it poses a risk to human health taking into account its design and intended purpose. A machinery product shall be withdrawn from the list of high-risk machinery products in Annex I if it no longer poses such risk. The risk posed by a certain machinery product shall be established based on the combination of the probability of occurrence of harm and the severity of that harm.
2021/11/10
Committee: IMCO
Amendment 221 #

2021/0105(COD)

Proposal for a regulation
Article 10 – paragraph 10 a (new)
10a. Manufacturers shall provide users with information on security-related updates and identified cyber risks in a timely and reliable manner.
2021/11/10
Committee: IMCO
Amendment 222 #

2021/0105(COD)

Proposal for a regulation
Article 10 – paragraph 10 b (new)
10b. Manufacturers shall ensure access to stable and ongoing technical support over the normal lifetime of a machinery product, if its safety depends on software.
2021/11/10
Committee: IMCO
Amendment 238 #

2021/0105(COD)

Proposal for a regulation
Article 17 – paragraph 3 – point a
(a) no reference to harmonised standards covering the relevant essential health and safety requirements is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no candidate standard is expected to be published;
2021/11/10
Committee: IMCO
Amendment 243 #

2021/0105(COD)

Proposal for a regulation
Article 17 – paragraph 3 – point b
(b) the Commission has requested one or more European standardisation organisations to draft a harmonised standard for the essential health and safety requirements and there are undue delays in the standardisation procedure or the request has cannot been accepted by any of the European standardisation organisations due to problems that cannot be solved.
2021/11/10
Committee: IMCO
Amendment 252 #

2021/0105(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex V, shall contain the elements specified in the relevant modules set out in Annexes VI, VII, VIII and IX and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the machinery product is placed on the market or is made available on the market.
2021/11/10
Committee: IMCO
Amendment 256 #

2021/0105(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. In order to certifyassess the conformity of a machinery product with this Regulation, the manufacturer or its authorised representative and the person who has carried out a substantial modification to the machinery product, shall apply one of the procedures for assessment of conformity referred to in paragraphs 2 and 3.
2021/11/10
Committee: IMCO
Amendment 257 #

2021/0105(COD)

Proposal for a regulation
Article 21 – paragraph 2 – introductory part
2. Where the machinery product is a high-risk machinery product listed in Annex I, the manufacturer or the manufacturer’s authorised representative and the person who has carried out a substantial modification to the machinery product shall apply one of the following procedures:
2021/11/10
Committee: IMCO
Amendment 259 #

2021/0105(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point -a (new)
(-a) the internal production control procedure (module A) set out in Annex VI;
2021/11/10
Committee: IMCO
Amendment 263 #

2021/0105(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. Where the machinery product is not a high-risk machinery product listed in Annex I, the manufacturer or the manufacturer’s authorised representative and the person who has made a substantial modification to the machinery product shall apply the internal production control procedure (module A) set out in Annex VI.
2021/11/10
Committee: IMCO
Amendment 267 #

2021/0105(COD)

Proposal for a regulation
Article 22 – title
Conformity assessment pProcedures for partly completed machinery
2021/11/10
Committee: IMCO
Amendment 268 #

2021/0105(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. The manufacturer of partly completed machinery or the manufacturer’s authorised representative shall, before placing partly completed machinery on the market, ensure that the following documents are drawn up in paper or digital form:
2021/11/10
Committee: IMCO
Amendment 302 #

2021/0105(COD)

Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
Directive 2006/42/EC is repealed with effect from … [3048 months after the date of entry into force of this Regulation].
2021/11/10
Committee: IMCO
Amendment 306 #

2021/0105(COD)

Proposal for a regulation
Article 50 – paragraph 1
1. Member States shall not until … [4260 months after the date of entry into force of this Regulation] impede the making available on the market of machinery which was placed on the market in conformity with Directive 2006/42/EC before … [the date of entry into force of this Regulation]. However, Chapter VI of this Regulation shall apply mutatis mutandis to such machinery instead of Article 11 of that Directive, including machinery for which a procedure has already been initiated under Article 11 of Directive 2006/42/EC as from … [the date of entry into force of this Regulation].
2021/11/10
Committee: IMCO
Amendment 308 #

2021/0105(COD)

Proposal for a regulation
Article 50 – paragraph 2
2. EC type-examination certificates and approval decisions issued in accordance with Article 14 of Directive 2006/42/EC shall remain valid until … [4260 months after the date of entry into force of this Regulation], unless they expire before that date.
2021/11/10
Committee: IMCO
Amendment 309 #

2021/0105(COD)

Proposal for a regulation
Article 51 – paragraph 1
1. By … [5472 months after the date of entry into force of this Regulation] and every four years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.
2021/11/10
Committee: IMCO
Amendment 310 #

2021/0105(COD)

Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1– point b
(b) the conformity assessment procedure applicable to high-risk machinery products listed in Annex I.
2021/11/10
Committee: IMCO
Amendment 312 #

2021/0105(COD)

Proposal for a regulation
Article 52 – paragraph 2
It shall apply from … [3048 months after the date of entry into force of this Regulation].
2021/11/10
Committee: IMCO
Amendment 314 #

2021/0105(COD)

Proposal for a regulation
Annex I – subheading 1
HIGH-RISK MACHINERY PRODUCTSCategories of machinery products to which one of the procedures referred to in Article 5 and 21 must be applied
2021/11/10
Committee: IMCO
Amendment 319 #

2021/0105(COD)

Proposal for a regulation
Annex I – point 24
24. Software ensuring safety functions, including AI system, including AI systems, fulfilling safety functions.
2021/11/10
Committee: IMCO
Amendment 324 #

2021/0105(COD)

Proposal for a regulation
Annex I – point 25
25. Machinery embedding AI systems ensuring safety functions, if these AI systems have not already been subjected to a conformity assessment.
2021/11/10
Committee: IMCO
Amendment 331 #

2021/0105(COD)

Proposal for a regulation
Annex II – point 18
18. Software ensuring safety functions, including AI system, including AI systems, fulfilling safety functions.
2021/11/10
Committee: IMCO
Amendment 333 #

2021/0105(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 1
The manufacturer of a machinery product or his or her authorised representative shall ensure that a risk assessment is carried out in order to determine the health and safety requirements, which apply to the machinery product. The machinery product shall then be designed and constructed to prevent andor minimise all relevant risks, taking into account the results of the risk assessment.
2021/11/10
Committee: IMCO
Amendment 334 #

2021/0105(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 2 – introductory part
By the iterative process of risk assessment and risk reduction referred to in the first subparagraph, the manufacturer or his or her authorised representative shall:
2021/11/10
Committee: IMCO
Amendment 335 #

2021/0105(COD)

Proposal for a regulation
Annex III – point 2
2. The obligations laid down by the essential health and safety requirements only apply when the corresponding hazard exists for the machinery product in question when it is used under the conditions foreseen by the manufacturer or his or her authorised representative or in foreseeable abnormal situations. However, the principles of safety integration established in section 1.1.2 and the obligations concerning marking of machinery products and instructions referred to in sections 1.7.3 and 1.7.4 apply in all cases.
2021/11/10
Committee: IMCO
Amendment 340 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.2 – point e
(e) A machinery product shall be designed and constructed in such a way that it is possible for the user to test the safety functions, and t where applicable. The machinery product shall be supplied with all the special equipment and accessories, and where appropriate, with the description of specific functional test procedures, essential to enable it to be tested, adjusted, maintained and used safely.
2021/11/10
Committee: IMCO
Amendment 348 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.6 point f
(f) adapting a machinery product with intended fully or partially evolving behaviour or logic that is designed to operate with varying levels of autonomy to respond to people adequately and appropriately (verbally through words and non-verbally through gestures, facial expressions or body movement) and to communicate its planned actions (what it is going to do and why) to operators in a comprehensible manner.
2021/11/10
Committee: IMCO
Amendment 359 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.9 – paragraph 5
The machinery product shall collect evidence of a legitimate or illegitimate intervention in the software or a modification of the software installed on the machinery product or its configuration.deleted
2021/11/10
Committee: IMCO
Amendment 364 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.2 – point 1.2.1 – paragraph 2 – point a
(a) they can withstand, where appropriate to the circumstances and the risks, the intended operating stresses and intended and unintended external influences, including malicious attempts from third parties to create a hazardous situation;
2021/11/10
Committee: IMCO
Amendment 372 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.2 – point 1.2.1 – paragraph 6
For autonomous mobile machinery products, the control system shall be designed to perform the safety functions by itself as set out in this section, even when actions are ordered by using a remote supervisory function.deleted
2021/11/10
Committee: IMCO
Amendment 381 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 5
The machinery product with fully or partially evolving behaviour or logic that is designed to operate with varying levels of autonomy shall be adapted to respond to people adequately and appropriately (verbally through words or nonverbally through visual or audio signals, gestures, facial expressions or body movement) and to communicate its planned actions (what it is going to do and why) to operators in a comprehensible manner.
2021/11/10
Committee: IMCO
Amendment 385 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.6 – point 1.6.2 – paragraph 2
In the case of machinery into which persons shall enter for operation, adjustment, maintenance or cleaning, the machinery accesses shall be dimenesiogned and adapted for the use of rescue equipment in such a way that a timely rescue of the persons is guaranteedin a way that takes emergency rescue into account.
2021/11/10
Committee: IMCO
Amendment 389 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.7 – point 1.7.4 – paragraph 4 – point c
(c) be presented in a format that makes it is possible for the end user to download the instructions throughout the expected lifetime of the machinery product and save them on an electronic device so that he or she can access them at all times, in particular during a breakdown of the machine. This requirement also applies to a machinery product where the instruction manual is embedded in the software of the machinery product. General principles for the drafting of instructions
2021/11/10
Committee: IMCO
Amendment 397 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 2 – point 2.2 – point 2.2.1 – point 2.2.1.1 – paragraph 1 – point b
(b) the mean value of the peak amplitude of the acceleration from repeated shock vibrations, to which the hand-arm system is subjected;deleted
2021/11/10
Committee: IMCO
Amendment 402 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 1
Where there is a risk that operators or other persons transported by the machinery may be crushed between parts of the machinery and the surroundings should the machinery roll or tip over, in particular for machinery equipped with a protective structure referred to in section 3.4.3 or 3.4.4, the machinery shall be designed or equipped with a restraint system so as to keep the persons in their seats or in the protective structure, without restricting movements necessary for operations or movements relative to the structure caused by the suspension of the seats. Such restraint systems or provision shall not be fitted if they increase the risktake ergonomic principles into account and must not be fitted if they increase the risk. When the restraint system is not activated, the machine shall be prevented from moving if there is a considerable risk of rolling or tipping over.
2021/11/10
Committee: IMCO
Amendment 407 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
A visual or audible signal shall be provided at the driving position alerting the driver when the driver is in the driving position and not using the restraint system is not active.
2021/11/10
Committee: IMCO
Amendment 411 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 1
Autonomous mobile machinery products shall have a supervisory control function specific to the autonomous mode. ThisWhen a supervisory control function is needed as a protective measure on autonomous mobile machinery products, that function shall allow thbe osperator to remotely receive information from the machine. Tcific to its autonomous operation. Where the supervisory control function shall only allow actions to stop and to start remotely the machine. It shall be designed and constructed to allow those actions only when the driver can see directly or indirectly the machine's movement and working area and the protective devices are operationalows a remote action from the operator, the function shall be designed in such a way that that action does not increase any risk.
2021/11/10
Committee: IMCO
Amendment 413 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 2
The information the driver receives from the machine when the supervisory control function is active shall enable the driver to have a complete and accurate view of the operation, movement and safe positioning of the machine in its travel and working area.deleted
2021/11/10
Committee: IMCO
Amendment 414 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 3
This information shall alert the driver of the occurrence of unforeseen or dangerous situations present or impending, which require driver’s intervention.deleted
2021/11/10
Committee: IMCO
Amendment 415 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.4 – paragraph 4
If the supervisory control function is not active, the machinery shall not be able to operate.deleted
2021/11/10
Committee: IMCO
Amendment 416 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 3 – point 3.3 – point 3.3.3 – paragraph 6 – introductory part
Autonomous mobile machinery products shall comply with anyone or both of the following conditions:
2021/11/10
Committee: IMCO
Amendment 426 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 3 – point 3.6 – point 3.6.3 – point 3.6.3.1 – paragraph 1 – point b
(b) the mean value of the peak amplitude of the acceleration from repeated shock vibrations, to which the hand-arm system is subjected;deleted
2021/11/10
Committee: IMCO
Amendment 427 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 4 – point 4.1 – point 4.1.3 – paragraph 1
When lifting machinery or lifting accessories are placed on the market or are first put into service, the manufacturer or his or her authorised representative shall ensure, by taking appropriate measures or having them taken, that the machinery or the lifting accessories which are ready for use — whether manually or power- operated — can fulfil their specified functions safely.
2021/11/10
Committee: IMCO
Amendment 428 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 4 – point 4.3 – point 4.3.1 – paragraph 1
Each length of lifting chain, rope or webbing not forming part of an assembly shall bear a mark or, where this is not possible, a plate or irremovable ring bearing the name and address of the manufacturer or his or her authorised representative and the identifying reference of the relevant certificatedeclaration of conformity.
2021/11/10
Committee: IMCO
Amendment 430 #

2021/0105(COD)

Proposal for a regulation
Annex IV – Part A – paragraph 2 – point a
(a) a complete description of the machinery product and of its intended use;
2021/11/10
Committee: IMCO
Amendment 432 #

2021/0105(COD)

Proposal for a regulation
Annex V – point 3
3. The address where the machinery product is permanently installed only for lifting machinery products for lifting persons from one level of a building to another level installed in a building or a structure:
2021/11/10
Committee: IMCO
Amendment 433 #

2021/0105(COD)

Proposal for a regulation
Annex V – point 6
6. The object of the declaration described in point 45 is in conformity with the relevant Union harmonisation legislation:
2021/11/10
Committee: IMCO
Amendment 434 #

2021/0105(COD)

Proposal for a regulation
Annex VII – point 2
2. EU type-examination shall be 2. carried out by assessment of the adequacy of the technical design of the machinery product through examination of the technical documentation, plus examination of a physical or digital specimen of the machinery product that is representative of the production envisaged (production type).
2021/11/10
Committee: IMCO
Amendment 438 #

2021/0105(COD)

Proposal for a regulation
Annex X – paragraph 2 a (new)
The assembly instructions are provided by the manufacturer in digital form.
2021/11/10
Committee: IMCO
Amendment 6 #

2020/2262(INI)

Draft opinion
Paragraph 1
1. Recalls the importance, for a properly functioning and competitive internal market, of effective better law- making tools, that take subsidiarity and proportionality fully into account when drawing up scientifically based and balanced legislation, particularly for consumers and SMEs; welcomes the use of the better law making tools and the cooperation with think-tanks, underlines the necessity of simplifying these tools and make them easy to understand and use by the stakeholders, and of taking into account the economic impact assessment when drawing legislation that affects the consumers and the SMEs, considers that the necessary period for adaptation to the new rules and regulations for the SMEs must be better taken into account;
2021/02/24
Committee: IMCO
Amendment 19 #

2020/2262(INI)

Draft opinion
Paragraph 3
3. Underlines that SMEs in particular will continue to face serious repercussions due to the COVID-19 pandemic and other unforeseen events with serious economical impact and need more flexibility to react quickly to the ever- changing demands of our economy; reiterates that cutting red tape, the ‘think small first’ principle and fostering a society that values entrepreneurship need to be priorities within internal market legislation;
2021/02/24
Committee: IMCO
Amendment 43 #

2020/2262(INI)

Draft opinion
Paragraph 5 a (new)
5a. Welcomes the setting up of the One-Stop-Shop for SMEs, calls for further steps to increase public awareness for them and to use this instrument for simplifying the participation of SMEs in an open single market with no legislative or language barriers;
2021/02/24
Committee: IMCO
Amendment 47 #

2020/2262(INI)

Draft opinion
Paragraph 5 b (new)
5b. Recalls the importance of using think tanks at the European level in drafting new legislation, stresses the need to improve the law making process by establishing regulatory sandboxes and by also taking into account the studies and the experience of the specialists involved at different levels;
2021/02/24
Committee: IMCO
Amendment 50 #

2020/2262(INI)

Draft opinion
Paragraph 5 c (new)
5c. Welcomes the use of the One In One Out and Think Small First principles which ensure that legislation does not overregulate the single market by adding unnecessary burdens to SMEs and underlines the necessity to prioritize these principles during the law-making process;
2021/02/24
Committee: IMCO
Amendment 15 #

2020/2260(INI)

Draft opinion
Paragraph 1 a (new)
1a. Underlines that the objectives and development of the Farm to Fork Strategy should be built on a science-based approach focused on coherent and evidence-based policy instruments; ; notes in this regard that its implementation must take into account the needs of the outermost regions1a to allow them to compete in a level-playing field; __________________ 1a Article 349 TFEU
2021/01/18
Committee: IMCO
Amendment 59 #

2020/2260(INI)

Draft opinion
Paragraph 4
4. Urges the Commission to promote alternative and existing business models, such as consumer-friendly cooperative schemes; that are able to advance sustainability and compete in the most efficient manner according to market realities, in full respect of the freedom of association of producers1a; acknowledges the role that producers associations and organisations in the form of partnerships, agricultural processing companies or agri-food cooperatives may play in ensuring a sustainable food chain, a fair share for farmers and fostering the competitiveness of rural areas; __________________ 1aRegulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
2021/01/18
Committee: IMCO
Amendment 69 #

2020/2260(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recalls that the EU food sector is characterised by a very high presence of SMEs, which despite their efforts face many barriers to improve their sustainability performance, such as lack of information, access to financial resources or technical skills; calls therefore on the Commission to ensure that all actions in the Farm to Fork Strategy enable a transition that creates real opportunities and a level playing- field, gives enough flexibility and further reduces and simplifies administrative burdens for micro and small food businesses, as well as for social economy enterprises; stresses in this regard the utmost importance of providing concrete measures for the just transition, such as further support in the management of EU funding, improving capacity building and delivering significant resources for the effective use of innovative and digital solutions, in order to strengthen their competitive position in the EU food system;
2021/01/18
Committee: IMCO
Amendment 73 #

2020/2260(INI)

Draft opinion
Paragraph 4 b (new)
4b. Welcomes the work on agri-food research, innovation and education made by the European Commission through initiatives such as the EIT Food, established by the European Institute of Innovation & Technology, which helps to identify promising and innovative solutions for a more sustainable food products and bring together a food community with the diverse food sectors partners, entrepreneurs, SMEs and consumers, which drive innovation across Europe;
2021/01/18
Committee: IMCO
Amendment 76 #

2020/2260(INI)

Draft opinion
Paragraph 5
5. Supports the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and healthresponsible business and marketing practices for food and retail businesses, in order to raise awareness of the importance of sustainability and health; considers that these initiatives should be sufficiently and properly defined, adjusted to the size and type of businesses and recognise the existing best practices and commitments already achieved by European companies; welcomes the Commission’s steps to particularly support the implementation of sustainable business practices by SMEs and develop both initiatives with all relevant stakeholders;
2021/01/18
Committee: IMCO
Amendment 91 #

2020/2260(INI)

Draft opinion
Paragraph 5 b (new)
5b. Recognizes in this regard the role that consumers can play in the implementation of the Farm to Fork Strategy and how innovation can help them; underlines that the strategy should remain inclusive for consumers in order for them to support the improvement for more healthy and sustainable food products;
2021/01/18
Committee: IMCO
Amendment 96 #

2020/2260(INI)

Draft opinion
Paragraph 6
6. Welcomes the Commission’s initiative to promote healthier diets by introducing nutritional profiles, accompanied by mandatory and harmonised labelling of the nutritional value of foods on the front of packaging; considers that any such measure has to take into account the impacts on the Single Market and especially avoid any burden for micro, small and medium enterprises, by devising appropriate consumer-friendly schemes and product and sector-tailored, based on the most up-to-date scientific research data, with the aim of securing and promoting the competitiveness of all actors involved;
2021/01/18
Committee: IMCO
Amendment 118 #

2020/2260(INI)

Draft opinion
Paragraph 7
7. Regards it as essential, further, to keep consumers better informed by introducing mandatory origin labelling of foodabout healthy and sustainable food dietary choices; calls on the Commission to further investigate and carefully assess the impact, needs and options for the harmonisation and extension of mandatory origin and provenance indications to certain products, which wshould be broadened to cover animal welfare, sustainability and pesticide residue leclear, easily understandable, verifiable, traceable and not result in trade barriers within the Single Market; asks therefore the Commission to work in close cooperation with the European Food Safety Authority for this purpose and thoroughly analyse the economic, environmental and social impact on the Single Market, consumer benefits, price aspects and the associated consumer behaviour changes of these initiativels;
2021/01/18
Committee: IMCO
Amendment 140 #

2020/2260(INI)

Draft opinion
Paragraph 7 b (new)
7b. Stresses the key role that research, digitalisation, artificial intelligence and secured access to the most advanced technologies play in the global transition towards a more sustainable food system, while ensuring the competitiveness, profitability and food production in the EU; urges the Commission to create an encouraging policy and regulatory environment that fosters further investment in innovation, the development and usage of technologies and the improvement of existing ones, including a common agriculture data space and the promotion of precision farming and knowledge-based farming, with a view to bringing benefits to consumers, workers and society as a whole;
2021/01/18
Committee: IMCO
Amendment 148 #

2020/2260(INI)

Draft opinion
Paragraph 8
8. Calls, with a view to protecting consumers, for full enforcement of the judgment of the Court of Justice of the European Union of 25 July 2018 in Case C-528/16, Confédération paysanne, which stipulates that food crops modified by genome editing armay be subject to the requirements of GMO legislation, including risk assessment, traceability and labelling; calls on the European Commission to take note of the latest developments in this regard and study the feasibility of a new legislative framework of new genetic modification techniques, based on scientific evidence, that provides sufficient predictability, flexibility and proportionality to respond to rapid technological and scientific developments in this field; acknowledges in this context the importance to build on the scientific advice of the European Food and Safe Authority and underlines its continuous contribution to ensuring the safety of the EU food chain and a high level of consumer protection;
2021/01/18
Committee: IMCO
Amendment 162 #

2020/2260(INI)

Draft opinion
Paragraph 9
9. Calls on the Commission to clarify and further harmonise the current legislation on use-by dates, in order to reduce food waste and provide more clarity, consistency and understanding among consumers, in order to reduce food waste; notes that measures envisaged for this purpose and waste management should not entail disproportionate costs and administrative burdens that smaller businesses are not able to comply with;
2021/01/18
Committee: IMCO
Amendment 166 #

2020/2260(INI)

Draft opinion
Paragraph 10
10. Supports the Commission in its efforts to combat food fraud, which misleads consumers and distorts competition in the internal market, and regards it as essential to make the penalties imposed on fraudsters more dissuasive and, to earmark sufficient resources so that checks can be stepped upeffective and efficient checks can be stepped up, to properly staff market surveillance and customs authorities and to continue strengthening exchanges of information in the Single Market;
2021/01/18
Committee: IMCO
Amendment 176 #

2020/2260(INI)

Draft opinion
Paragraph 10 b (new)
10b. Insists that the Commission ensures that custom controls throughout the EU follow the same standards, by means of a direct unified customs control mechanism, in coordination with Member States and in full compliance with the principle of subsidiarity; furthermore, urges the Commission to increase, at EU and international level, cooperation between consumer protection, market surveillance and customs authorities and other relevant competent authorities so as to guarantee harmonised and uniform controls at all points of entry into the Union and thus secure the traceability of all food products;
2021/01/18
Committee: IMCO
Amendment 178 #

2020/2260(INI)

Draft opinion
Paragraph 11
11. Calls on the Member States for more effective implementation of Directive 2005/29/EC1 , in order to better address the problem of misleading environmental claims in food.and the timely and correct transposition of Directive 2019/633/EC2a, as well as to better address the problem of misleading environmental claims in food; believes that when clarifying competition rules, the Commission must create the conditions for a more efficient food market that enables consumers to benefit from a wide range of quality products at competitive prices, while ensuring that primary producers have the incentives to invest and innovate; __________________ 1 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council, OJ L 149, 11.6.2005, p. 22. 2aDirective (EU) No 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain.
2021/01/18
Committee: IMCO
Amendment 7 #

2020/2217(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy and EU's competitiveness; considers that ensuring trust in digital services is fundamental for the digital single market and should be at the heart of both public policy and business models;
2020/11/17
Committee: IMCO
Amendment 25 #

2020/2217(INI)

Draft opinion
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European values and fairness in competition; believes that citizens’ data could help in developing innovative green solutions and services that would benefit European consumers and companies; asks the Commission to consider how to support data altruismprovide a specific legal basis and a clear definition of "data altruism" and consider how to support it in full compliance with European legislation;
2020/11/17
Committee: IMCO
Amendment 35 #

2020/2217(INI)

Draft opinion
Paragraph 2 a (new)
2a. Believes that the current fragmentation of the single market and diverging rules between Member States are hampering the development of a genuine common European data space and calls for effective and coordinated actions to leverage the scale of the EU single market;
2020/11/17
Committee: IMCO
Amendment 39 #

2020/2217(INI)

Draft opinion
Paragraph 2 b (new)
2b. Considers that ensuring access to data is crucial for citizens but also for our businesses' innovation and growth, especially for start-ups and small and medium-sized enterprises (SMEs) and welcomes the actions foreseen by the European Commission in its communication to tackle the current lack of data availability;
2020/11/17
Committee: IMCO
Amendment 42 #

2020/2217(INI)

Draft opinion
Paragraph 2 c (new)
2c. Asks the Member States to fully implement the Directive on open data and the re-use of public sector information ("Open Data Directive") and the Commission and Member States to promote a culture of wide reuse of available data; furthermore, highlights the need to ensure easy access to data to all relevant institutional and societal actors and to economic operators, especially to SMEs and start-ups, tackling the existing barriers and promoting the use of modern web and API-based services for convenient and fast retrieval, browsing and processing of available data;
2020/11/17
Committee: IMCO
Amendment 45 #

2020/2217(INI)

Draft opinion
Paragraph 3
3. Highlights the need to create a single European data space with the aim of ensuring the free flow of non-personal data across borders and sectors; stresses the importance to extend the flow of data also to third countries, provided that the compliance with the EU data protection legal framework is ensured; underlines the principle of the free flow of non-personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders; considers that business-to-business (B2B) and business-to-government (B2G) data sharing should be voluntary, while participation in data spaces should be incentivized, and while mandatory access to data should also be envisaged to remedy potential market failures;
2020/11/17
Committee: IMCO
Amendment 51 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Underlines that a safe and trusted ecosystem where storing, processing and exchanging data under the highest cybersecurity standards is a precondition for the development of a truly single market for data and for the creation of the new data spaces; recalls that increased connectivity brings about increased cyber threats and welcomes the announced revision of the Directive on security of network and information systems ("NIS Directive") to improve the current EU Cybersecurity legal framework;
2020/11/17
Committee: IMCO
Amendment 63 #

2020/2217(INI)

Draft opinion
Paragraph 3 b (new)
3b. Stresses the economic and societal importance of easily accessible and free of charge public sector data in the view of their re-use; calls for clear rules for business-to-government (B2G) data sharing, in particular with regards to possible fees to be derived from the costs related to the processing of requests for re-use of data;
2020/11/17
Committee: IMCO
Amendment 70 #

2020/2217(INI)

Draft opinion
Paragraph 3 c (new)
3c. Calls on the Member States for an effective implementation of the Regulation on the free flow of non- personal data, with the objective to allow data to be stored and processed everywhere in the EU without unjustified restrictions; recalls that data localisation requirements within the Union are prohibited unless justified on grounds of public security in compliance with the principle of proportionality and reminds that any such existing requirements must be repealed by 30 May 2021;
2020/11/17
Committee: IMCO
Amendment 86 #

2020/2217(INI)

Draft opinion
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, which now constitute a significant barrier for an effective data sharing, by including codes of conduct, certification and standards, in a ‘cloud rulebook’; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid unnecessary transaction costs and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges.;
2020/11/17
Committee: IMCO
Amendment 89 #

2020/2217(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recognises the rise of the edge computing paradigm, especially considering the ongoing rollout of 5G networks and subsequent business models, and stresses the need to make sure that technical and legal solutions for providing effective access to data on the edge are found; emphasises the urgent need to address the emerging cybersecurity and data interoperability challenges that the unprecedented scale and the distributed nature of edge computing brings along, including the challenges in machine authentication, data provenance, privacy, and integrity;
2020/11/17
Committee: IMCO
Amendment 102 #

2020/2217(INI)

Draft opinion
Paragraph 4 b (new)
4b. Welcomes the intention to address the current limitations of the data portability and to enhance the portability rights for individuals under the Article 20 of the GDPR;
2020/11/17
Committee: IMCO
Amendment 105 #

2020/2217(INI)

Draft opinion
Paragraph 4 c (new)
4c. Underlines the close link between data and AI and stresses that data availability and data quality are crucial for the development of effective, well- functioning and unbiased systems of artificial intelligence;
2020/11/17
Committee: IMCO
Amendment 5 #

2020/2216(INI)

Draft opinion
Paragraph 1
1. Notes that the European Union needs to take urgent steps to close the gap with the US and China to be at the forefront of ensuring a competitive data- driven global economy and to become a leader in setting digital standards;
2021/02/01
Committee: INTA
Amendment 12 #

2020/2216(INI)

Draft opinion
Paragraph 2
2. SNotes the risks of incompatibility between approaches of different trading partners when it comes to the regulation of digital trade; strongly supports multilateral solutions for digital trade rules and calls for the plurilateral WTO negotiations on e- commerce to be concluded as a matter of urgency; regrets that, in the absence of global rules, EU companies are faced with non-tariff barriers in digital trade such as unjustified data localisation and mandatory technology transfer requirements; supports making the WTO moratorium on electronic transmissions permanent; calls for the EU to further work with partners, for instance within the OECD and WTO, to set global standards for AI, in the interest of reducing trade barriers and promoting trustworthy AI in line with the EU's values;
2021/02/01
Committee: INTA
Amendment 14 #

2020/2216(INI)

Draft opinion
Paragraph 2
2. Strongly supports multilateral solutions for digital trade rules and calls for the plurilateral WTO negotiations on e- commerce to be concluded; regrets that, in the absence of global rules, EU companies are faced with non-tariff barriers in digital trade such as unjustified data localisation and mandatory technology transfer requirements; supports making the WTO moratorium on electronic transmissions permanent; calls on the Commission to carefully assess the impact of a source code clause currently discussed in the e- commerce negotiations on WTO level on future EU AI legislation and to involve the European Parliament in this assessment;
2021/02/01
Committee: INTA
Amendment 18 #

2020/2216(INI)

Draft opinion
Paragraph 3
3. NStresses the centrality of data flows to digital trade, and that apart from being a means of production, data itself has become a tradable asset; notes that data access and processing are often indispensable to providing competitive digital services, notably in AI; calls on the Commission to adopt digital trade rules that increase the competitiveness of EU business and facilitate the free transfer of data flowsflow of non- personal data across borders while respecting EU data protection rules; highlights that in line with the GDPR, personal data can be transferred to third countries via adequacy decisions, standard contractual clauses and binding corporate rules; calls for data protection considerations to be raised in future trade agreements, with the aim to facilitate the adequacy decision process with trading partners;
2021/02/01
Committee: INTA
Amendment 37 #

2020/2216(INI)

Draft opinion
Paragraph 5
5. Welcomes the conclusion of the rules-based Asian Regional Comprehensive Economic Partnership (RCEP) agreement, which deepens the economic integration of the region; regrets, however, the lack of a robust sustainable development chapter in the RCEP; believes that the conclusion of the RCEP should encourage the EU to help set global rules for the digital economy; supports in this regard the establishment of an EU-US Trade and Technology Council and the work on a Transatlantic AI Agreement to help facilitate trade and the development of compatible rules and common standards in digital trade; calls on both parties to use the momentum of the new Biden administration to begin working on these issues urgently, and to find an agreement at the OECD on fair taxation for the digital economy;
2021/02/01
Committee: INTA
Amendment 40 #

2020/2216(INI)

Draft opinion
Paragraph 6
6. Underlines the role of digital trade and the use of blockchain for instance in facilitating access to global value chains for SMEs and contributing to women’s economic empowerment. making cross-border trade processes and commercial transactions more efficient and less costly; Highlights in particular the benefits these could bring to contributing to women’s economic empowerment and also using blockchain to facilitate due diligence for companies; Calls for Digital Trade to be a pillar of the EU's new Trade Strategy; Further calls for Digital Trade Chapters to be included in all future FTAs;
2021/02/01
Committee: INTA
Amendment 50 #

2020/2216(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to increase support for key enablers of the digital economyaim at an innovation-friendly regulatory environment for enablers of the digital economy and to strengthen the financial and institutional support for the European digital economy in close coordination with Member States and stakeholders;
2021/01/26
Committee: IMCO
Amendment 58 #

2020/2216(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to ensure wider coordination of investment in the NextGenerationEU recovery plan; calls on the Commission to propose concrete actions within this plan to support key digital enablers and high impact technologies in the EU;
2021/01/26
Committee: IMCO
Amendment 61 #

2020/2216(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Calls on the Commission and the Member States to strengthen their support to start-ups and Micro, Small and Medium Enterprises (MSMS), via the Single Market Programme, Digital Innovation Hubs and the Recovery and Resilience Facility, in the development and application of digital technologies, in order to further drive digital transformation and thus enable them to fully develop their digital potential and competitiveness for growth and jobs in Europe;
2021/01/26
Committee: IMCO
Amendment 68 #

2020/2216(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to work to position the EU as leader in the adoption and standardisation process for new technologies; highlights the need to work with industry and also with international partners on setting global standards; in this regard, welcomes the Commission’s proposal from December 2020 for a new transatlantic agenda, which highlights the importance of cooperating with the US on technology and standards;
2021/01/26
Committee: IMCO
Amendment 92 #

2020/2216(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Calls on the Member States to implement without delay the European Accessibility Act, in order to effectively remove barriers for citizens with disabilities and ensure the availability of accessible digital services, as well as the suitability of the conditions under which they are provided, with the objective of achieving a fully inclusive and accessible Digital Single Market that ensures the equal treatment and the inclusion of people with disabilities; recalls the possibility of Member States and encourages the extension of the application of the Directive on the accessibility of the websites and mobile applications of public sector bodies to areas that are open for public use, especially in the health, transport, postal or telecommunications sector1a; __________________ 1aDirective(EU) 2016/2102 of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies, par. 34.
2021/01/26
Committee: IMCO
Amendment 138 #

2020/2216(INI)

Motion for a resolution
Paragraph 21
21. Considers that AI is a fast moving technology that requires effective legislation; believes that to achieve this AI needs to be functionally and broadly defined in a manner that covers all automated decision-making, complex algorithmic-based systems and machine or deep learning processes so, a concrete definition of AI is not necessary so that any regulatory measures can remain flexible and adaptable in order to take into account future developments; reminds that there is no common definition on cybersecurity or even the internet;
2021/01/26
Committee: IMCO
Amendment 146 #

2020/2216(INI)

Motion for a resolution
Paragraph 23
23. Believes the regulatory framework needs to build public trust in AI while allowing companies to develop automated systems without losing the confidence of their customersupport the development of trustworthy AI systems and should ensure high consumer protection standards in order to strengthen consumer’s confidence in AI enabled products; believes also that the regulatory framework should ensure transparency, and provide for clear communication of the relevant requirements to both consumers and regulatory authorities;
2021/01/26
Committee: IMCO
Amendment 171 #

2020/2216(INI)

Motion for a resolution
Paragraph 29
29. cCalls on the Commission and the Member States to make use of innovative regulatory tools such as ‘regulatory sandboxes’ to help provide a clear path to scale-up for start-ups and small companies, regardless oftaking the risk profile and the possible welfare gain of their product into account; believes that these tools can help encourage innovation without any detriment to consumer protection;
2021/01/26
Committee: IMCO
Amendment 178 #

2020/2216(INI)

Motion for a resolution
Paragraph 30
30. Believes that the use of AI in a high-risk AIcontext should be limited to specific and clearly warranted purposes, in full respect of the applicable law and subject to transparency obligations; underlines that thisonly a clear and legally certain legislative framework will be decisive for ensuring public trust and support for the necessity and proportionality of the deployment of such technologies; calls on the Commission to carefully consider whether there are certain use cases, situations or practices for which specific technical standards, including underlying algorithms, should be adopted; deems necessary, should such technical standards be adopted, that these are regularly reviewed and re-evaluated, given the fast pace of technological development;
2021/01/26
Committee: IMCO
Amendment 181 #

2020/2216(INI)

Motion for a resolution
Paragraph 31
31. Calls on the Member States to encourage and support the establishment of specialised review boards for AI products and services Commission and the Member States to ensure close cooperation and mutual recognition of decisions when enforcing the Member States to assess the potential benefits and potential harm stemming from high-risk, impactful AI-based projectsregulatory framework in order to prevent a fragmented Single Market;
2021/01/26
Committee: IMCO
Amendment 187 #

2020/2216(INI)

Motion for a resolution
Paragraph 32
32. Highlights the importance of education and research for AI; calls on the Commission and the Member States to establish an EU centre of excellence for AI; considers that this should be done with the involvement of universities, companies and research institusupports the establishment of the European Network of Artificial Intelligence Excellence Centres; believes that this network should help to strengthen the exchange of knowledge on AI, support AI related talent within the EU and attract new talent, foster the cooperations; believes that such a centre can help totween science and AI developers as well as provide specialised training and development for regulatory authorities;
2021/01/26
Committee: IMCO
Amendment 195 #

2020/2216(INI)

Motion for a resolution
Paragraph 33
33. Calls on the Commission to update the existing liabiliproduct liability and product safety framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence;
2021/01/26
Committee: IMCO
Amendment 4 #

2020/2202(INI)

Draft opinion
Recital B
B. whereas the Protocol on Ireland/Northern Ireland (the Protocol) is the only solution found with the UK, after four years of intense negotiations, to address the specific consequences for Northern Ireland of the UK’s decision to leave the EU single market and the customs union, and to ensure the protection of the Good Friday Agreement in all its dimensions, the functioning of the all- island economy without a hard border and the integrity of the EU’s single market for goods, consumer protection and other areas;
2022/10/24
Committee: INTA
Amendment 12 #

2020/2202(INI)

Draft opinion
Recital C a (new)
C a. whereas it is necessary to preserve a level-playing field and legal certainty for businesses and citizens;
2022/10/24
Committee: INTA
Amendment 13 #

2020/2202(INI)

Draft opinion
Recital C b (new)
C b. whereas a lack of implementation of the Withdrawal Agreement will have serious consequences for the entire EU- UK relationship, extending beyond the Withdrawal Agreement;
2022/10/24
Committee: INTA
Amendment 15 #

2020/2202(INI)

Draft opinion
Recital C c (new)
C c. whereas it is paramount to uphold international law and strengthen cooperation with likeminded countries and democratic allies on the basis of mutual trust, in particular given the current geopolitical and security context;
2022/10/24
Committee: INTA
Amendment 26 #

2020/2202(INI)

Draft opinion
Paragraph 3
3. Reiterates the consistent EU position that the Protocol will not be renegotiated and highlights that EU Member States and institutions remain united in this view; points out that renegotiation would only further increase legal uncertainty and lack of predictability for businesses and citizens in Northern Ireland;
2022/10/24
Committee: INTA
Amendment 34 #

2020/2202(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Notes the recent resumption of talks between the EU and the UK following a pause in the talks since February 2022; regrets that the UK has not been willing to accept a satisfactory negotiated solution yet, despite the flexibility of the EU to engage on the Northern Ireland Protocol;
2022/10/24
Committee: INTA
Amendment 36 #

2020/2202(INI)

Draft opinion
Paragraph 5
5. DStrongly deplores the publication on 13 June 2022 of the Northern Ireland Protocol Bill by the UK; calls on, which is an attempt to unilaterally override most parts of the Protocol; highlights the need to preserve the role of the European Court of Justice, which is necessary to interpret the applicable EU law; strongly rejects the proposed removal of the obligation for businesses in Northern Ireland to align with provisions in EU law; reaffirms the need for a level-playing field in the field of state-aid; and therefore urges the UK Parliament not to adopt the bill and calls on the UK Government to engage constructively with the Commission toand address practical trading issues within the legal framework of the Protocol.
2022/10/24
Committee: INTA
Amendment 39 #

2020/2202(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Takes note of the Regulation 2022/0068(COD)1a proposal by the Commission which will allow the Union to take swift action in the form of measures if there is a breach of the Withdrawal Agreement and/or the Trade and Cooperation Agreement; emphasises the importance of this readiness, given the recent threats by the UK government to unilaterally override parts of the Protocol; however, believes that a satisfactory negotiated solution should be found in good faith and on the basis of mutual trust. _________________ 1a Laying down rules for the exercise of the Union's rights in the implementation and enforcement of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (COM(2022)0089 – C9- 0059/2022 – 2022/0068(COD))
2022/10/24
Committee: INTA
Amendment 49 #

2020/2141(DEC)

Motion for a resolution
Paragraph 37 a (new)
37 a. Stresses the need for the revival of the debating culture in Parliament; welcomes the decision to require members to give speeches from the lectern facing the plenary; believes that the debating culture can also be improved by allowing sufficient time for the exchange of arguments and counter-arguments, for instance by extending the blue card procedure;
2021/02/09
Committee: CONT
Amendment 116 #

2020/2141(DEC)

Motion for a resolution
Paragraph 78 a (new)
78 a. Notes that teleworking arrangements and remote voting are now part of Parliament’s working arrangements for Members; calls on Parliament’s secretariat to continue facilitating these arrangements for Members on maternity, parental, carers, sick or special leave and explore using the arrangements in the future also, so as to allow Members to both hold meetings in their constituencies as well as with their colleagues in Brussels in what could be ‘hybrid’ weeks;
2021/02/09
Committee: CONT
Amendment 133 #

2020/2141(DEC)

Motion for a resolution
Paragraph 81
81. Welcomes the development of measures that contribute to a better balancing of professional and private life including the implementation of extended teleworking possibilities for Parliament’s staff and of measures promoting well-being at work; however, highlights the value of physical presence in Parliament; highlights the contribution of teleworking arrangements and remote voting to the further reduction of Parliament’s carbon footprint; stresses the need for Parliament's staff and Members to be provided the opportunity to continue the conduct of so-called hybrid meetings as well as remote voting; calls on the Bureau to continue providing instruments to facilitate these arrangements in future;
2021/02/09
Committee: CONT
Amendment 6 #

2020/2137(INI)

Draft opinion
Paragraph 1
1. Reiterates that global value chains are the key feature of the global economy and that trade policy must contribute to a transparent production process throughout the value chain and; demonstrate compliance with environmental, social and safety standards in line with the Paris Climate Agreement and promote the achievement of the SDGs;
2020/09/24
Committee: INTA
Amendment 33 #

2020/2137(INI)

Draft opinion
Paragraph 3
3. Notes that the COVID-19 crisis has exposed the vulnerabilities of unregulated global supply chains, and that businesses with better environmental, social and governance practices and risk mitigation processes have weathered the crisis better;
2020/09/24
Committee: INTA
Amendment 38 #

2020/2137(INI)

Draft opinion
Paragraph 4
4. Notes with concern that less than 1 % of companies publicly list their suppliers, even in high-risk sectors; notes that publicly listed companies, unlisted public companies and private companies registered in the EU may have different obligations under national law in regards to sustainable corporate governance; recalls the importance of levelling the playing field vis-a-vis companies registered outside of the EU;
2020/09/24
Committee: INTA
Amendment 55 #

2020/2137(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Calls upon the Commission to review the impact of sustainable corporate governance obligations on financial institutions providing trade finance;
2020/09/24
Committee: INTA
Amendment 7 #

2020/2131(INI)

Draft opinion
Paragraph 1
1. Recalls that Europe's 25 million small and medium- sized enterprises (SMEs) are the backbone of the EU economy employing around 100 million people and accounting for more than half of Europe’s GDP; underlines that the proper functioning of the internal market and the creation of a capital market union remains an absolute priority for SMEs;
2020/09/07
Committee: INTA
Amendment 10 #

2020/2131(INI)

1 a. Welcomes the new SME Strategy for a Sustainable and Digital Europe, especially its focus on the EU’s twin transitions to a sustainable and digital economy as well as on reducing regulatory burden for SMEs and improving their market access and access to financing; believes that focusing on digital and innovative solutions will increase Europe’s global competitiveness as a whole;
2020/09/07
Committee: INTA
Amendment 17 #

2020/2131(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Welcomes the European Union trade policy review responding to the new global challenges and taking into account the lessons learned from the coronavirus crisis; emphasizes that it must recognise the challenges faced by SMEs in international trade;
2020/09/07
Committee: INTA
Amendment 27 #

2020/2131(INI)

Draft opinion
Paragraph 2
2. Encourages the Commission to fully support SMEs inUnderlines that global markets are a crucial source of growth for SMEs; notes however that only 600 000 SMEs export goods outside the EU; encourages the Commission to fully support SMEs and to effectively implement the new SME strategy in order to overcominge all barriers that prevent their access to third- countryinternational markets; requests therefore for the Commission to continue the inclusion of an SME chapter in every trade agreement; underlines the need for the effective enforcement of trade agreements as a priority task of the Chief Trade Enforcement Officer (CTEO); welcomes the recent appointment of the first CTEO and highlights its important role in ensuring that SMEs get maximum value from EU trade agreements;
2020/09/07
Committee: INTA
Amendment 33 #

2020/2131(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Highlights the significance of the ongoing plurilateral WTO negotiations on e-commerce; calls for a comprehensive and ambitious set of rules, to facilitate the free flow of data across borders while guaranteeing European data protection standards, to address digital trade barriers including data localisation requirements and ensure that businesses, especially SMEs, can compete globally on a level playing field;
2020/09/07
Committee: INTA
Amendment 37 #

2020/2131(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to be more active in its support of national and regional export agencies in order to allow SMEs to overcome the information gap and take better advantage of trade agreements; opines, in this respect, that the Commission could set up an SME internationalisation platform to monitor progress; recalls that the EU Delegations also have a crucial role in providing support by addressing queries and practical difficulties of SMEs linked to the implementation of FTAs;
2020/09/07
Committee: INTA
Amendment 41 #

2020/2131(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to take greaterinto account of the role of SMEsSME specifities in all chapters of trade and investment negotiations, including when it comes to negotiating public procurement chapters in trade agreements; welcomes the announcement from the Commission that it will launch a new information portal on customs procedures and formalitiesto raise awareness of SMEs on trade policies and provide detailed information on customs procedures and formalities for exporting to third countries; asks the Commission to reach out to businesses at the earliest possible stage when setting up new information portals or improving already existing ones to ensure that the information needs of SMEs in particular can be met in a practical way; calls on the Commission to deliver on its objective of launching a self-assessment tool for rules of origin to help SMEs assess whether a product benefits from preferences under a given trade agreement; reiterates, in this context also the importance of streamlined and simplified rules of origin;
2020/09/07
Committee: INTA
Amendment 57 #

2020/2131(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission to strengthen the EU’s safeguard and trade defence instrumentstrade toolbox in order to better protect European industrybusinesses, in particular when it affects sectors with a majority of SMEs; urges the Commission to raise more awareness among stakeholders about trade defence instruments (TDI) and increase its support to SMEs in facilitating their access to TDIs.
2020/09/07
Committee: INTA
Amendment 31 #

2020/2117(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the mainstreaming of the European Green Deal into the communication on the Trade Policy Review (TPR) and calls for a concrete action plan, roadmap and timeline to make this ambition a reality;
2021/04/20
Committee: INTA
Amendment 39 #

2020/2117(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the incorporation of the Paris Agreement as an essential element in all trade, investment and partnership agreements; stresses that ratification of the International Labour Organization (ILO) core conventions and respect for human rights are requirements for concluding FTAs; asks for ambitious chapters on gender and on small and medium-sized enterprises (SMEs), as well as dedicated chapters on digital trade to be included in all trade agreements;
2021/04/20
Committee: INTA
Amendment 44 #

2020/2117(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Underlines the importance of including gender equality efforts and gender mainstreaming in trade policy as an important component to foster inclusive and sustainable growth; welcomes the promotion of gender equality through the Gender Equality Strategy 2020-2025 and the Gender Action Plan III to promote gender equality; stresses that trade has the potential to promote gender equality, contribute to economic and social empowerment of women worldwide and to more equal, as well as resilient economies globally; highlights that women are disproportionally affected by theCOVID- 19 crisis; welcomes the Commission’s aim to work on data collection and analytical analysis to better understand the impact of trade policy on women; calls on the Commission to engage with the European Parliament in its work on gender mainstreaming of trade policy; calls on the Commission to include specific gender chapters in EU trade and investment agreements;
2021/04/20
Committee: INTA
Amendment 60 #

2020/2117(INI)

Motion for a resolution
Paragraph 4
4. Points outRegrets that brown goods still receive preferential treatment over green goods and that tariffs and trade barriers are working against sustainable trade; underlines that removing tariffs and trade barriers for green goods and services should be designed to contribute to innovative solutions to tackle the climate crisis and contribute to the goals of the Green Deal, as well as the SDG’s and sustainable development worldwide; demands that the Commission devise instruments to tackle these distortions and walk the talk of the Green Deal by implementing it in all aspects of trade policy;
2021/04/20
Committee: INTA
Amendment 68 #

2020/2117(INI)

Motion for a resolution
Paragraph 5
5. Points out that high up-front costs, which willcould only repay themselves over time, and a lack of know-how and equipment are currently preventing developing countries from ‘going green’; demands that the Commission use all trade instruments at its disposal to increase financial support, technical assistance, technology transfers and digital penetration in order to empower developing countries and enable them to achieve sustainable resilience;
2021/04/20
Committee: INTA
Amendment 74 #

2020/2117(INI)

Motion for a resolution
Paragraph 6
6. Calls for the EU to take a leading role at a multilateral level to end harmful subsidies by advocating transparency and strict regulation and disciplines in trade agreements and at the World Trade Organization (WTO); stresses the importance of drawing up sustainability impact assessments on an ex-ante, intermediate and ex-post basis; calls upon the Commission to brief the European Parliament regularly on the ongoing and finalised sustainable impact assessments; stresses the need to develop a comprehensive framework with concrete targets to advance the SDGs, the Green Deal and the ILO Decent Work Agenda in trade and investment agreements; emphasises that new agreements should only be concluded once these targets have been fulfilled and that existing agreements should be revised accordinglyincluding these goals in negotiation mandates of future revisions of existing trade agreements;
2021/04/20
Committee: INTA
Amendment 93 #

2020/2117(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Stresses the need for more coherency and transparency in scrutinising EU trade policy; underlines that coherent, clear, measurable and objective criteria for the EU’s trade policy and regular discussions between the Commission and European Parliament can contribute to more transparency and engagement of EU citizens, better dialogue between the Commission and the European Parliament, more policy coherence and better scrutiny of all aspects of trade policy; stresses the role of ex-ante, intermediate and ex-post sustainable impact assessment in this regard; calls on the Commission to engage with the European Parliament at all stages of its proposals that fall under the EU’s trade policy and ensure that the European Parliament can exercise its role as scrutiniser;
2021/04/20
Committee: INTA
Amendment 116 #

2020/2117(INI)

Motion for a resolution
Paragraph 10
10. Stresses the importance of ensuring fair competition and a level playing field for European businesses in both the internal market and third-country markets; stresses, in this regard, the importance of trade defence instruments and; underlines that the enforcement regulation should have a positive contribution to the goal of ensuring fair competition and a level playing field, and stresses that TSD could be subjected to the enforcement regulation; calls on the Commission to swiftly complete the EU’s trade defence toolbox through legislative proposals in 2021, giving priority to an anti-coercion instrument, an instrument to tackle distortions caused by foreign subsidies and state-owned enterprises and to the conclusion of negotiations on the International Procurement Instrument12 ; underlines the role of the Chief Trade Enforcement Officer (CTEO) in working with the European Parliament in a transparent manner to discuss and address issues related to trade defence instruments; __________________ 12Amended proposal for a regulation of the European Parliament and of the Council of 29 January 2016 on the access of third- country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries (COM(2016)0034).
2021/04/20
Committee: INTA
Amendment 149 #

2020/2117(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to come up with a digital trade strategy to increase the market access of European businesses and protect EU citizens’ rights under the GDPR13 ; underlines the acceleration of the digital revolution due to COVID-19 and stresses the importance of the EU taking the lead in setting standards for a sustainable, digital-driven global economy and keeping international data flows open; underlines that the EU can set a global standard for fair and resilient digital trade in its bilateral and multilateral engagements; calls upon the Commission to make meaningful progress on setting ambitious rules for e-commerce in the WTO; underlines that the digital chapter in the EU-UK Trade and Cooperation Agreement can serve as a model for future trade agreements; __________________ 13Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
2021/04/20
Committee: INTA
Amendment 167 #

2020/2117(INI)

Motion for a resolution
Paragraph 16
16. Underlines that international trade governance has an importantessential role to play in the rapid development of medical treatments and vaccines, the rapid scaling up of production, the development of resilient global value chains and equitable market access for the whole world; stresses, in this context, that the COVID-19 pandemic mustshould be used to provide impetus for more concerted international cooperation and to boost global preparedness for health emergencies;
2021/04/20
Committee: INTA
Amendment 175 #

2020/2117(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Stresses that global supply chains for raw materials, production and distribution of vaccines benefit from open trade relations; underlines that protectionism in the production and distribution of vaccines can hinder addressing the global pandemic; recognises that the EU is relatively one of the largest exporters of vaccines to third countries, but that on an absolute level, these exports are not yet sufficient to tackle the global pandemic;
2021/04/20
Committee: INTA
Amendment 180 #

2020/2117(INI)

Motion for a resolution
Paragraph 18
18. Is concerned about the recent rise in variants of COVID-19, as well as export restrictions on vaccines by the main manufacturing countries such as the US, the UK, China and India and by the EU and emphasises that this endangers the rapid global scaling up of vaccine production capacity; urges the Commission to engage with producing countries to swiftly eliminate export barriers and to replace the export authorisation mechanism with an export and import notification requirement; insists on having timely and comprehensive access to such data;
2021/04/20
Committee: INTA
Amendment 185 #

2020/2117(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Is deeply concerned about the rising amounts of variants of COVID-19; emphasises that the lack of production and distribution of vaccines in third countries could lead to the increase of different new types of variants; stresses that the COVAX facility is at this time not sufficient in distributing vaccines to the most vulnerable; underlines that timely global access to vaccines can benefit the recovery and resilience of the global economy, as well as the EU economy;
2021/04/20
Committee: INTA
Amendment 192 #

2020/2117(INI)

Motion for a resolution
Paragraph 19
19. Underlines that the vaccines against COVID-19 and its variants arshould be a global public good and that multilateral efforts should be focused on ramping up global production capacities and technology transfers, including in low and middle- income countries; strongly welcomes, in this regard, the Global C19 Vaccine Supply Chain and Manufacturing Summit held on 8 and 9 March 2021 and calls for the establishment of structural platforms to rapidly scale up vaccine production in more countries;
2021/04/20
Committee: INTA
Amendment 201 #

2020/2117(INI)

Motion for a resolution
Paragraph 20
20. Emphasises that international trade policy must play a proactive role in this endeavour by facilitating trade in raw materials, alleviating shortages of qualified and experienced personnel, solving supply chain problems and revisiting the global framework for intellectual property rights for future pandemics; insists, in this regard, on a pro-active and constructive dialogue about a temporary waiver of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in order to ensure that countries do not face retaliation over COVID-19 related patent infringements during the pandemic; underlines the efforts made by the Director-General of the WTO in bringing members forward in the discussion on trade and health initiatives;
2021/04/20
Committee: INTA
Amendment 234 #

2020/2117(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Underlines that in order to revive the WTO negotiating function, the EU must work together with likeminded partners to find common ground for WTO reform in the broadest sense; stresses that special attention has to be paid to developing countries and their specific needs in relation to economic growth, sustainable development and WTO reform; reaffirms that meaningful progress in WTO reform needs a broad consensus and coalitions of likeminded partners;
2021/04/20
Committee: INTA
Amendment 252 #

2020/2117(INI)

Motion for a resolution
Paragraph 26
26. Is aware of the importance of the EU’s multifaceted trade relationship with China; firmly believes that EU-China trade relations require a more balanced and reciprocal approach; stresses that the ratification process of the EU-China Comprehensive Agreement on Investment can only begin once the EU has the requisite autonomous measures in place, including a ban on products made using forced labour, an upgraded trade defence toolbox and a working sanctions mechanism on human rights; Underlines that China has put sanctions on Members of the European Parliament and some of its entities, making the ratification process of the CAI unthinkable at the moment; demands that the Commission move forward with the Investment Agreement with Taiwan; and remain committed to meaningful engagement in trade and investment relations;
2021/04/20
Committee: INTA
Amendment 269 #

2020/2117(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Underlines the importance of the EU-Africa relationship and fostering close political and economic cooperation between the continents; stresses the importance of having a robust partnership with the African continent based on reciprocity, equality and shared interests; underlines that various trade policy instruments can complement the Commission’s efforts in this regard; calls on the Commission to foster an inclusive trade policy approach with Africa and to contribute to sustainable development, economic growth and resilience, taking into account the wide variety in levels of economic development on the continent;
2021/04/20
Committee: INTA
Amendment 273 #

2020/2117(INI)

Motion for a resolution
Paragraph 27 b (new)
27b. Underlines the commitment to our partnership with Latin America and the Caribbean and our trade relations with the region; expresses its concern about the impact COVID-19 has on the continent for its sustainable development and its economic resilience; reiterates that the pandemic affected women in Latin America and the Caribbean severely; calls on the Commission to maintain a structural dialogue with our partners in Latin America and the Caribbean; calls on the Commission to include the Overseas Countries and Territories and to take into account their specific trade needs and relationships with the EU;
2021/04/20
Committee: INTA
Amendment 275 #

2020/2117(INI)

Motion for a resolution
Paragraph 27 c (new)
27c. Underlines that Asia is developing economically and has an important role in the global economy at the moment, especially for goods imports to Europe; stresses the Regional Comprehensive Economic Partnership (RCEP) is both an opportunity for expanding European trade, as well as a potential threat to the EU’s trade efforts in the region; calls on the Commission to remain engaged with the region and proactively promote rules- based trade relations;
2021/04/20
Committee: INTA
Amendment 276 #

2020/2117(INI)

Motion for a resolution
Paragraph 27 d (new)
27d. Welcomes the upcoming review of the Generalised Scheme of Preferences (GSP) and the Commission’s intention as one of the key objectives to increase trading opportunities for developing countries; underlines that the GSP is a policy tool that has the potential to help developing countries foster sustainable and resilient economic growth; underlines the importance of adhering our partners in GSP+ to international values and possibly update and extend the list of conventions in the upcoming review of the regulation; calls on the Commission to engage with gender equality efforts in relation to GSP, GSP+ and Anything But Arms (EBA);
2021/04/20
Committee: INTA
Amendment 4 #

2020/2115(INI)

Draft opinion
Paragraph 1
1. Believes that as Asia is home to the world’s largest population and fastest- growing economies, increasing efficient and sustainable connectivity between the EU and Asia, with an open, rules-based multilateral trading system that ensures a level playing field, will and reciprocity, can play a key role in mutual economic growth and will be an important factor in the recovery from the ongoing COVID-19 pandemic;
2020/10/20
Committee: INTA
Amendment 8 #

2020/2115(INI)

Draft opinion
Paragraph 2
2. Stresses that the EU-Asia connectivity strategy should go hand in hand with efforts to increase access to respective markets, including public procurement, and promote an open and transparent investment environment, unlocking opportunities and contributing to global competitiveness; Regrets that many countries in Asia still apply protectionist economic policies creating an unfair playing field for European businesses; notes that allowing free trade flows will buildcontributes to strengthening economic resilience and to ensure the global availability of products through the diversification of supply chains;
2020/10/20
Committee: INTA
Amendment 14 #

2020/2115(INI)

3. Believes that efficient and sustainable connections and networks between Europe and Asia through priority transport corridors, including air, sea and land transport, and high-capacity network links as well as more efficient and reliable customs procedures, that build on digitalisation and administrative simplification, will increase trade flows between the EU and Asia; acknowledges the existence of an investment gap in connectivity and recognises the need to mobilise and strengthen cooperation with private investors, national and international institutions, and multilateral development banks; Stresses that the facilitation of trade between the EU and Asian partners through improved connectivity should at the same time result in the strengthening of customs performance and management, notably in enforcing Intellectual Property Rights (IPRs), as a tool to fight against fraud and prevent counterfeit goods entering the single market;
2020/10/20
Committee: INTA
Amendment 27 #

2020/2115(INI)

Draft opinion
Paragraph 4
4. Underlines the importance of the existing network of bilateral, regional and multilateral trade agreements and the bilateral cooperation between the EU and Asian partners, with successful examples of strategic partnerships in Japan, South Korea and Singapore, Singapore and Vietnam, as well as ongoing negotiations, such as the Comprehensive Agreement on Investments with China; calls on the Commission to start a scoping exercise for the investment negotiations with Taiwan;
2020/10/20
Committee: INTA
Amendment 39 #

2020/2115(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission to ensure the enforcement of trade agreements and make existing ones more ambitious, in particular by promoting sustainable EU norms and standardsand international environmental and social norms and standards, such as the respect of ILO Conventions and the Paris Climate Agreement.
2020/10/20
Committee: INTA
Amendment 41 #

2020/2115(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Recalls that EU and Asia are important partners on sustainable development, notably on the delivery of the United Nations 2030 Agenda, and that the promotion of efficient and sustainable connectivity is an essential element, together with trade, of a broader strategic partnership with Asian partners.
2020/10/20
Committee: INTA
Amendment 7 #

2020/2077(INI)

Draft opinion
Paragraph 1
1. Stresses that a strategic trade policy is an essential tool for implementing the circular economy and the EU’s sustainability agenda globally; underlines that increased recycling can reduce the EU’s reliance on imports of raw materials, and points to the need to decouple economic growth from resource use in order to ensure the long- term sustainability of global value chains; underlines that the transition from a linear to a circular economy needs to be inclusive and collaborative in all its aspects and with the consideration and participation of all genders;
2020/10/02
Committee: INTA
Amendment 13 #

2020/2077(INI)

Draft opinion
Paragraph 1
1. Considers that placing sustainable products on the internal market should be the norm and; calls for a horizontal Sustainable Product Framework Directive settingthat sets mandatory minimum requirements for durability, interoperability, reparability, upgradability, reusability and recyclability for all products alongside further product- specific requirements; while differentiating between different categories of products and taking into account market and technological developments; stresses the importance of ambitious sectoral EU policies, as well as the proper implementation and effective enforcement of existing rules for a well- functioning sustainable single market;
2020/09/10
Committee: IMCO
Amendment 17 #

2020/2077(INI)

Draft opinion
Paragraph 2
2. RAcknowledges the need for a comprehensive legal framework on circular economy; regrets the lack of international and European standards on waste quality and end-of-waste criteria as this hinders a viable trade policy that is conducive to the circular economy; calls on the Commission to present harmonised standards on waste quality and end-of- waste rules, a legal definition of recyclable waste, and to include these in future FTAs; and introduce these standards on an international level; believes that a revision of the Waste Shipment Regulation would provide an opportunity to put an end to the export of the EU’s waste problems and therefore welcomes the Commission's announcement of revising this regulation;
2020/10/02
Committee: INTA
Amendment 27 #

2020/2077(INI)

Draft opinion
Paragraph 3
3. Notes that in the transition to a circular economy particular attention must be given to key supply chains where the EU’s environmental footprint is significant; underlines the need for transparency and increased traceability in these supply chains and calls on the Commission to tackle notably the efficient use of resources and sustainable production and consumption patterns in the garment sector under its future ‘EU Strategy for Textiles’; welcomes the planned ‘Circular Electronics Initiative’ and underlines the need to in this context define how e-waste can be exported for re- use and recycling;
2020/10/02
Committee: INTA
Amendment 40 #

2020/2077(INI)

Draft opinion
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for mandatory labelling on product durability and reparability, and the development of a repair score, in addition to minimum information requirements; asks for both the legal guarantee rights and the reversed burden of proof rules to be extended based on the lifespan of products, the introduction of following Commission assessment of the impact of these proposals on the level of prices, the estimation of products' lifespan, the system of commercial guarantees, and independent repair services; calls for measures that will encourage manufacturers to consider the durability and reparability of products from design stage, and assessing the feasibility of introducing direct producer liability, and; calls for legislative measures to ban practices resulting in premature obsolescence;
2020/09/10
Committee: IMCO
Amendment 42 #

2020/2077(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to identify and abolish barriers that prevent or restrict market access for circular products from outside the EU and to investigate the possibilities and benefits of reducing tariffs on certain products in order to encourage the development of the circular economy; calls on the Commission to take into account the special needs of EU’s small and medium-sized enterprises (SMEs) and to support them in the implementation of their business strategies to export circular products;
2020/10/02
Committee: INTA
Amendment 50 #

2020/2077(INI)

Draft opinion
Paragraph 5
5. Urges the Commission to ensure that FTAs reflect the objectives of the circular economy by including strong, binding and enforceable sustainable development chapters; suggests that the circular economy should be addressed in a cross-cutting manner in all relevant FTA chapters and competitive business models that encourage trade in recycled rather than in primary materials; calls on the Commission to evaluate how to balance enhancing trade in recycled goods with upholding strong quality standards and consumer protection; suggests that the circular economy should be addressed in a cross-cutting manner in all relevant FTA chapters; underlines the need for the effective enforcement of trade agreements as a priority task of the Chief Trade Enforcement Officer;
2020/10/02
Committee: INTA
Amendment 63 #

2020/2077(INI)

Draft opinion
Paragraph 6
6. Encourages the Commission to engage in regulatory dialogues and cooperation with the EU’s trading partners to further support the objectives of the circular economy; calls on the Commission and Member States to further deploy efforts in international fora (UNCTAD, WTO, G20, G7) to pursue the EU’s agenda on circular economy and ensure a global level playing field with international partners; stresses that particular attention must be given to how less developed partner countries can benefit from the circular economy; calls for an assessment of the impact of increased intra-EU recycling rates on countries strongly relying on waste imports; calls on the Commission in particular to integrate the circular economy principles in its strategy ‘Towards a comprehensive Strategy with Africa’.
2020/10/02
Committee: INTA
Amendment 2 #

2020/2076(INI)

Draft opinion
Paragraph -1 (new)
-1. Welcomes the New Industrial Strategy for Europe, especially its focus on ensuring fair competition and level playing field globally and on the tools to make EU industry fit to address today’s and tomorrow’s challenges worldwide;
2020/06/02
Committee: INTA
Amendment 8 #

2020/2076(INI)

Draft opinion
Paragraph 1
1. Takes note of the Commission’s initiatives to support European SMEs’ access to international markets; stresses, however, that SMEs have to deal with too many regulations and burdens and excessive bureaucracy; stresses that SMEs are kept at a competitive disadvantage by investing in cEncourages the Commission to strengthen and improve its initiatives to support European SMEs in overcoming barriers that prevent their access to international markets, among others, through negotiating dedicated chapters in trade agreements; calls on the Commission for an effective implementation of the SME strategy in order to reduce burdens and excessive bureaucracy for our businesses abroad and facilimtate neutrality to comply with the Green Deal while trying to remain competitive and thrive on export marketstheir internationalisation;
2020/06/02
Committee: INTA
Amendment 25 #

2020/2076(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission to focus on domestic productivity within Europe, in order to establish less dependStresses the importance of diversification to improve the resilience onf vulnerable supply chainsalue chains as well as of smart reshoring in core industry sectors such as the tech and telecommunications, medical products and pharmaceuticals sectors, and raw materials, to achieve an open strategic autonomy especially in times of global crisis, and to remain competitive on the global markets, at the same time taking into account the needs of developing countries;
2020/06/02
Committee: INTA
Amendment 29 #

2020/2076(INI)

Draft opinion
Paragraph 3 a (new)
3 a. In the context of the New Industrial Strategy, calls on the Commission to revise the Schengen agreement on free movement in order to ensure a proper functioning of the Single Market and to guarantee all freedoms of movement offering the same opportunities to all Member States, including Romania, Bulgaria, Cyprus and Croatia, eliminating the long hours of waiting at the Schengen borders of EU citizens and EU products;
2020/06/10
Committee: IMCO
Amendment 33 #

2020/2076(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Considers that the New Industrial Strategy should focus, in line with the Green New Deal, on the creation and development of ecological industries, on those industries that allow and enhance the reduction of carbon dioxide and other toxic gases and on the creation of a Single Market for all new ecological products that can come only from harmonized legislation and common standards at EU level;
2020/06/10
Committee: IMCO
Amendment 43 #

2020/2076(INI)

Draft opinion
Paragraph 3
3. Supports, in principle, the initiative to reinforce a rule-based multilateral trading system; expresses its concern, however, about the functRecalls the commitment of the European Union to a rule-based multilateral trading system and underlines that the EU should be at the forefront of defending and reinforcing it; supports the Commission ing of the WTO, owing to some international actors abusing their market power its overall efforts to modernize the WTO and urges to continue engaging with WTO Members to find a long-term multilateral solution to overcome the current deadlock of the Appellate Body; welcomes the multi-party interim appeal arbitration arrangement;
2020/06/02
Committee: INTA
Amendment 50 #

2020/2076(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Underlines the importance of the ongoing plurilateral WTO negotiations on e-commerce, and calls for a comprehensive and ambitious set of rules, guaranteeing European data protection standards, to address digital trade barriers and ensure that companies, especially SMEs, can compete worldwide in a level playing field;
2020/06/02
Committee: INTA
Amendment 53 #

2020/2076(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to work towards effective and opuncil to move on the ‘International pProcurement that allows the EU to take swift, targeted and compelling measures and increase leverage to negotiate reciprocity and market openingInstrument’; emphasizes the need for an instrument that targets discriminatory practices against EU businesses in third country procurement markets and increase leverage to negotiate reciprocity and market opening; Calls on the Commission to start a reflection on a possible framework for monitoring third country bidders’ access to EU procurement markets in strategic sectors;
2020/06/02
Committee: INTA
Amendment 59 #

2020/2076(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Calls on the Commission to finalise and share its White Paper on an Instrument on Foreign Subsidies, to address the distortive effects caused by foreign subsidies within the single market as part of the European trade defence toolbox; recalls that it should be coherent with the possible modernization or update of targeted EU competition rules, with the aim of ensuring a level playing field for EU companies;
2020/06/02
Committee: INTA
Amendment 67 #

2020/2076(INI)

Draft opinion
Paragraph 7
7. Highlights the significant role public procurement plays in shaping the trajectory of European industry and calls on the Commission to continue working on the correct implementation of EU public procurement legislation in order to create a well-functioning and harmonised Single Market across sectors;
2020/06/10
Committee: IMCO
Amendment 69 #

2020/2076(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Calls for the adoption of the review of Regulation 654/2014 (Enforcement Regulation), in order to strengthen it; stresses that this is an important tool to protect the Union’s interests under international trade agreements in situations when third countries adopt illegal measures that can negatively hit our businesses;
2020/06/02
Committee: INTA
Amendment 80 #

2020/2076(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to strengtheWelcomes the guidelines on the screening of fForeign dDirect iInvestment and to protect access to(FDI) and calls on the Commission to strengthen it, also in light of the current crisis, in order to protect strategic industries, infrastructure, key enabling technologies, or any other assets in the interests of security and cybersecurity.
2020/06/02
Committee: INTA
Amendment 106 #

2020/2076(INI)

Draft opinion
Paragraph 10 a (new)
10 a. Emphasises that the New Industrial Strategy should support innovation in the automotive and machinery sectors, which will help the industry meet its emissions goals with cleaner combustion and electric vehicles and equipment with longer life-spans and lower carbon footprints; believes that such actions can increase the confidence of the consumer in the quality of the products purchased and made in the Internal Market and strengthen our economy going forward;
2020/06/10
Committee: IMCO
Amendment 17 #

2020/2071(INI)

Draft opinion
Paragraph 2
2. Recognises that the EU depends on a narrow set of countries for a large proportion of its imports of active pharmaceutical ingredients and chemical raw materials; stresses that this over- reliance can poses a risk when limitations in production capacity, excess demand or protectionist measures threaten the proper functioning of global supply chains and potentially undermine the availability of medicines in the EU; calls on the Commission to present a long-term strategy focused on ensuring the EU’s open strategic autonomy in health which includes guidelines on the diversification of pharmaceutical supply chains;
2020/05/18
Committee: INTA
Amendment 25 #

2020/2071(INI)

Draft opinion
Paragraph 3
3. Emphasises that the EU is a leading global exporter of pharmaceutical products; notes that the protection and enforcement of well-balanced IP rights in free trade agreements (FTAs) and at the WTO is crucial toshould serve the development of new medicines and treatments; underlines that the flexibilities provided in the TRIPS agreement can be used to address potential supply shortages in exceptional circumstances; stresses that public health crises should constitute legitimate grounds for activating such flexibilities; and notes that developing countries may need to rely on these flexibilities in order to respond appropriately to the COVID-19 crisis;
2020/05/18
Committee: INTA
Amendment 42 #

2020/2071(INI)

Draft opinion
Paragraph 4
4. Emphasises that a broad network of FTAs together with a fully functioning multilateral trading system with the World Trade Organisation and an operational Appellate Body at its core constitute the best way of guaranteeing that multiple sources of manufacturing for essential medicines are available and regulatory standards converge globally;
2020/05/18
Committee: INTA
Amendment 50 #

2020/2071(INI)

Draft opinion
Paragraph 5
5. Strongly encourages all countries to join the WTO’s Pharmaceutical Tariff Elimination Agreement; callurges for its scope to be extended to all pharmaceutical and medicinal products; stresses that medical products should at all times be exempted from retaliation in trade disputes;
2020/05/18
Committee: INTA
Amendment 57 #

2020/2071(INI)

Draft opinion
Paragraph 6
6. Underlines that a complete repatriation of medical supply chains is not possible in a global economy nor is it desirable; urges the Commission and the Member States to work with the EU’s partners, the WHO and WTO, on establishing an international framework that can prevent the breakdown of supply chains and limit resort to protectionist measures during health crises; calls on the Commission to explore the creation of a common European strategic reserve of medicines, building on the rescEU stockpile initiative.
2020/05/18
Committee: INTA
Amendment 31 #

2020/2043(INI)

Draft opinion
Paragraph 2
2. Supports, in the absence of a global carbon price and a multilateral solution, a market-based EU carbon border adjustment mechanism (CBAM) on condition that it is compatible with EU free trade agreements (FTAs) and WTO rules (by being non- discriminatory and not constituting a disguised restriction on international trade) and EU free trade agreements (FTAs), and that it is proportionate, based on the polluter pays principle and fit for purpose in delivering the climate objectives;
2020/11/03
Committee: INTA
Amendment 37 #

2020/2043(INI)

Draft opinion
Paragraph 2 a (new)
2a. notes that any revenue from a EU CBAM must contribute to the aim of reducing global carbon emissions and to ensure WTO compatibility;
2020/11/03
Committee: INTA
Amendment 54 #

2020/2043(INI)

Draft opinion
Paragraph 3
3. Notes that the general exception clause of Article XXprovisions of the General Agreement on Tariffs and Trade (GATT), such as Articles I, III and XX GATT, should be the basis for any CBAM design and its only rationale should be an environmental one – reducing global CO2 emissions and preventing carbon leakage;
2020/11/03
Committee: INTA
Amendment 65 #

2020/2043(INI)

Draft opinion
Paragraph 4
4. Calls for thorough impact assessments and for the utmost transparency of the process leading to the CBAM, as well as engagement with the EU’s trading partners to build coalitions and avoid any possible retaliations; notes that the impact assessment must be conducted with the goal of reducing total global emissions, and that is must include the effects on sustainable innovation and changing trade flows and supply chains;
2020/11/03
Committee: INTA
Amendment 92 #

2020/2043(INI)

Draft opinion
Paragraph 5 a (new)
5a. Considers that international trade and trade policy, as key enablers of the transition towards a climate neutral, resource efficient, circular global economy, need to support global efforts towards the achievement of the UN Sustainable Development Goals (SDGs) and international environmental commitments, such as the Paris Agreement, including efforts to reduce pollution, combat climate change and carbon leakage, and promote more sustainable production and consumption;
2020/11/03
Committee: INTA
Amendment 101 #

2020/2043(INI)

Draft opinion
Paragraph 5 b (new)
5b. Notes that special consideration must be taken with regards to least developed countries (LDCs) to make sure that a CBAM does not have negative effects on development;
2020/11/03
Committee: INTA
Amendment 104 #

2020/2043(INI)

Draft opinion
Paragraph 5 c (new)
5c. Urges the Commission to advance environmental sustainability in the WTO, with the UN SDGs and the Paris Agreement at the core of its work, also by updating the multilateral rules;
2020/11/03
Committee: INTA
Amendment 5 #

2020/2041(INI)

Draft opinion
Paragraph 1
1. Highlights that, while there are a number of dynamic middle income countries on the African continent, its economic development is still relatively weak in comparison to other parts of the world; stresses that many of its countries will therefore face almost insurmountable challenges caused by the COVID-19 crisis and the effects of climate change; highlights that due to their economic situation, not all of these countries are able to take lockdown measures similar to those taken in developed countries and therefore the containment of the COVID- 19 virus has been impeded;
2020/06/16
Committee: INTA
Amendment 25 #

2020/2041(INI)

Draft opinion
Paragraph 3
3. Highlights that the European Union still has important economic ties with African states, and that China has intensified its economic engagement in Africa;
2020/06/16
Committee: INTA
Amendment 40 #

2020/2041(INI)

Draft opinion
Paragraph 4
4. Underlines that the role of many African states in the international division of labour does not promote their sustainable development; calls on the Commission to create a strategy aimed at assisting the African nations with value chain development in order for more added value to be generated within the African continent;
2020/06/16
Committee: INTA
Amendment 42 #

2020/2041(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Underlines that European companies have a responsibility for their supply chains; calls on the Commission to create an ambitious proposal on mandatory rules for due diligence for both human and social rights and environmental effects which includes provisions enabling victims in third countries to pursue civil remedies for breaches of these rules;
2020/06/16
Committee: INTA
Amendment 48 #

2020/2041(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission to reformappropriately revise its current version of its strategy entitled ‘Towards a comprehensive Strategy with Africa’ with a view to addressing the needs of the African countries and regions in the wake of this health and economic crisis;
2020/06/16
Committee: INTA
Amendment 56 #

2020/2041(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission to support Africa in its ambitions for a continental free trade area by making the necessary adjustments in order to implement its Economic Partnership Agreements (EPAs) and make them fit the project of theensure that the EPAs will not form an obstacle towards the creation of the African Continental Free Trade Area;
2020/06/16
Committee: INTA
Amendment 80 #

2020/2041(INI)

Draft opinion
Paragraph 8
8. CUnderlines the vital importance of meeting the goals as set by the Paris Climate Agreement; calls for a concrete proposal that establishes common initiatives on a renewable energy supply on the African continent;
2020/06/16
Committee: INTA
Amendment 95 #

2020/2041(INI)

Draft opinion
Paragraph 10 a (new)
10 a. Recalls that the position of women can be strengthened with strong provisions on Gender & Trade in Trade Agreements; calls in this regards on the European Commission to assist the African Union with the implementation of it Strategy for Gender Equality and Women’s Empowerment and implement measures that contribute to the achievement of gender equality in its trade agreements with the African countries;
2020/06/16
Committee: INTA
Amendment 101 #

2020/2041(INI)

Draft opinion
Paragraph 10 b (new)
10 b. Highlights that the Covid-19 pandemic and its consequences will have an impact on the Sustainable Development Goals; calls on the Commission to make the achievement of the SDGs a guiding principle in all its policies with regard to the African countries and urges the Commission to have full regard for these goals when negotiating the post-Cotonou Agreement in order to ensure balanced and free trade with the African continent;
2020/06/16
Committee: INTA
Amendment 105 #

2020/2041(INI)

Draft opinion
Paragraph 10 c (new)
10 c. Highlights that around 60% of the population of the African countries is under 25 years old; calls on the Commission to assist the African youth with dedicated education programs under for example Erasmus+ and to increase educational and professional mobility by means of a dedicated strategy in cooperation with the African Union, the private sector and financial institutions (for example by making available micro- credit for start-ups) with the aim of improving economic and trading opportunities;
2020/06/16
Committee: INTA
Amendment 109 #

2020/2041(INI)

Draft opinion
Paragraph 10 d (new)
10 d. Highlights that the future partnership between the European Union and the African Union should be one that is built upon shared values with respect for human rights and good governance;
2020/06/16
Committee: INTA
Amendment 14 #

2020/2028(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s CPR evaluation and ongoing review, which seek to remove remaining barriers in the internal market for construction products, while taking into account technological developments and innovation;
2020/10/12
Committee: IMCO
Amendment 15 #

2020/2028(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses the importance of avoiding duplications and ensuring coherence of the reviewed CPR with existing legislation and future legislative initiatives, such as sustainable product policy initiative;
2020/10/12
Committee: IMCO
Amendment 51 #

2020/2028(INI)

Motion for a resolution
Paragraph 13
13. Is concerned by the fact that since the CE marking under the CPR only refers to product performance and not conformity with specific product requirements, such a difference in approach from other NLF legislation could create confusion as regards the CE marking and diminish its value; points, in this regard, to the overlaps in the information required by the CE marking and the Declaration of Performance (DoP); believes that this duplication creates additional unnecessary administrative burdens and costs for businesses and should be addressed, including by enhanced use of digital solutions;
2020/10/12
Committee: IMCO
Amendment 61 #

2020/2028(INI)

Motion for a resolution
Paragraph 15
15. ENotes the lack of digitalisation of the construction sector and emphasises the importance of fully harnessing digital technologies, which could allow for clear, transparent and reliable information to be provided to economic operators and end- users, address the overlap in information requirements and enable market surveillance authorities to carry out their activities more effectively; calls on the Commission to evaluate the use ofbenefits of using such technologies;
2020/10/12
Committee: IMCO
Amendment 70 #

2020/2028(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Member States to fully implement Regulation (EU) 2019/1020, which aims to strengthen the market surveillance of products covered by Union harmonisation legislation, including the CPR; stresses the need for harmonised and homogeneous enforcement of new rules by the national market surveillance authorities and enhanced cross-border cooperation in this respect in order to ensure level playing field in the construction sector;
2020/10/12
Committee: IMCO
Amendment 74 #

2020/2028(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission to swiftly adopt implementing acts under Regulation (EU) 2019/1020 in order to determinefurther align the performance of market surveillance authorities by determining the uniform conditions of checks, criteria for the determination of the frequency of checks and the amount of samples to be checked in relation to certain products or categories of products, and toby laying down benchmarks and techniques for checks on harmonised products, including construction products;
2020/10/12
Committee: IMCO
Amendment 81 #

2020/2028(INI)

Motion for a resolution
Paragraph 21
21. Points to the increase in online sales in the construction sector; highlights the need to ensure the effective market surveillance of construction products sold online, especially those purchased from non-EU economic operators in order to ensure high level of safety of products circulating in the single market irrespective of their origin; notes the responsibilities of online platforms in this respect;
2020/10/12
Committee: IMCO
Amendment 87 #

2020/2028(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Stresses the need to enhance the exchange of information on potentially dangerous substances and to strengthen the cooperation with the European Chemicals Agency databases according to the current legislation;
2020/10/12
Committee: IMCO
Amendment 99 #

2020/2028(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the Commission to assess the relevance of measures, such as allowing for CE marking and placing on the market of certain used or remanufactured construction products in terms of both safety and sustainability; stresses that ensuring for both circularity and safety of construction products will require trans-generation availability of data in order to provide economic operators with reliable information on the previous use of construction products; calls on the Commission to consider, within the revision of the CPR, the relevance of developing a system of environmental performance information on products for the benefit of economic operators and final consumers;
2020/10/12
Committee: IMCO
Amendment 101 #

2020/2028(INI)

Motion for a resolution
Paragraph 25
25. Highlights the need to ensure the proper involvement of all stakeholders in the consultation and evaluation process; highlights the need for a level playing field and reduced administrative burden in construction products legislation for all businesses, especially SMEs as well as for a fair and free competition at global level;
2020/10/12
Committee: IMCO
Amendment 5 #

2020/2023(INI)

Motion for a resolution
Recital A b (new)
A b. whereas during the transition period, EU law across all policy areas, is still applicable to, and in, the UK, with the exception of provisions of the Treaties and acts that were not binding upon, and in, the UK before the Withdrawal Agreement entered into force; whereas on the 14th of May 2020, the European Commission opened infringement proceedings against the UK for failure to comply with EU rules on free movement;
2020/05/28
Committee: AFETINTA
Amendment 6 #

2020/2023(INI)

Motion for a resolution
Recital A c (new)
A c. whereas the European Parliament gave its position on the proposed mandate for negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland in its resolution the 12 February 2020.
2020/05/28
Committee: AFETINTA
Amendment 7 #

2020/2023(INI)

Motion for a resolution
Recital B
B. whereas the EU mandate is based B. on the European Council guidelines of 23 March 2018 and the Political Declaration both agreed withby the EU and the UK on 17 October 2019; and whereas the Political Declaration establishes the parameters of the new partnership.
2020/05/28
Committee: AFETINTA
Amendment 8 #

2020/2023(INI)

Motion for a resolution
Recital C
C. whereas the negotiations on the future partnership shouldcan only be premised on the effective and full implementation of the Withdrawal Agreement and its three protocols;
2020/05/28
Committee: AFETINTA
Amendment 21 #

2020/2023(INI)

Motion for a resolution
Recital G
G. whereas the EU and the UK agreed in the Political Declaration to convene at a high level in June 2020 to take stock of progress of the implementation of the Withdrawal Agreement and of the negotiations with the aim of agreeing action to move forward with negotiations on the future relationship;
2020/05/28
Committee: AFETINTA
Amendment 22 #

2020/2023(INI)

Motion for a resolution
Recital H
H. whereas unity of the EU and its Member States should maintain their unity throughout the negotiations in order to defend the interests of their citizens in the best possible waythroughout the negotiations is essential in order to defend the interests of the EU, including those of its citizens in the best possible way; whereas the EU and its Member States have remained united throughout the negotiation and adoption of the Withdrawal Agreement and ever since; whereas this unity is reflected in the adoption of the negotiating mandate entrusted to the EU negotiator and Head of the EU Task Force Michel Barnier, who enjoys the strong support of the EU and its Member States;
2020/05/28
Committee: AFETINTA
Amendment 27 #

2020/2023(INI)

Motion for a resolution
Recital I
I. whereas the EU and UK agreed in the Political Declaration that the future relationship should be underpinned by shared values such as the respect for and safeguarding of human rights and fundamental freedoms, democratic principles, the rule of law, and support for non-proliferation, international rules-based order including support for non-proliferation, protection of the environment and that these values are an essential prerequisite for cooperation within the framework of the Political Declaration; whereas the future relationship should incorporatebe conditioned to the United Kingdom’s continued commitment to respect the framework of the European Convention on Human Rights (ECHR);
2020/05/28
Committee: AFETINTA
Amendment 29 #

2020/2023(INI)

Motion for a resolution
Recital I a (new)
I a. whereas the Political Declaration states that the future economic partnership will be underpinned by provisions ensuring a level playing field for open and fair competition.
2020/05/28
Committee: AFETINTA
Amendment 31 #

2020/2023(INI)

Motion for a resolution
Recital I b (new)
I b. whereas the COVID19 pandemic has created a totally unexpected and un- precedented new situation, which has significant consequences on the implementation of the Withdrawal Agreement and on the rhythm and efficiency of the negotiations between the UK and the EU.
2020/05/28
Committee: AFETINTA
Amendment 32 #

2020/2023(INI)

Motion for a resolution
Recital I c (new)
I c. whereas facing a global pandemic and its foreseeable geopolitical, economic and social consequences reinforces the necessity to improve cooperation mechanisms between partners and allies.
2020/05/28
Committee: AFETINTA
Amendment 41 #

2020/2023(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Welcomes and insists that the Commission continues its practice to provide timely information to the Parliament on the negotiations, in line with the information that is shared with the Member States;
2020/05/28
Committee: AFETINTA
Amendment 42 #

2020/2023(INI)

Motion for a resolution
Paragraph 2 b (new)
2 b. Strongly believes that transparency benefits the negotiation process and is also beneficial to citizens and businesses as it allows them to better prepare for the post-transition phase;
2020/05/28
Committee: AFETINTA
Amendment 53 #

2020/2023(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Underlines that the covid-19 pandemic directly affects the negotiation process; recognizes the willingness by both parties to continue negotiations during the covid-19 pandemic through virtual means in order to limit the extent of the delay; acknowledges that negotiations through virtual means pose additional challenges; calls on the parties to hold face-to-face meetings once this is deemed safe;
2020/05/28
Committee: AFETINTA
Amendment 55 #

2020/2023(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Strongly believes that the negative impact of the covid-19 pandemic on global trade and economic relations serves as an additional incentive to make substantial progress in the negotiations and work towards a comprehensive and ambitious partnership;
2020/05/28
Committee: AFETINTA
Amendment 66 #

2020/2023(INI)

Motion for a resolution
Paragraph 4 – point iv
(iv) the safeguarding of the EU legal order and the role of the Court of Justice of the European Union (CJEU) as the sole body responsible for interpreting EU law in this respect;
2020/05/28
Committee: AFETINTA
Amendment 70 #

2020/2023(INI)

Motion for a resolution
Paragraph 4 – point vi
(vi) a level playing field, ensuring equivalent standards in social, labour, environmental, competition and State aid policies, including through a robust and comprehensive framework on competition and State aid control, dispute settlement and enforcement mechanisms;
2020/05/28
Committee: AFETINTA
Amendment 75 #

2020/2023(INI)

Motion for a resolution
Paragraph 4 – point vii a (new)
(vii a) the Parties' commitments to international agreements to tackle climate change including those which implement the United-Nations Framework Conventions on Climate Change, in particular the Paris Agreement should constitute an essential element of the future agreement.
2020/05/28
Committee: AFETINTA
Amendment 91 #

2020/2023(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Recalls that without a balanced and long-term fisheries agreement that ensures reciprocal access to waters and resources with respect to the principle of sustainable management of fisheries and marine ecosystems and ensuring a level playing field, there will be no economic and trade partnership agreement;
2020/05/28
Committee: AFETINTA
Amendment 92 #

2020/2023(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Emphasises the importance of making substantial progress on all topics in parallel, including on those that showed limited to no progress such as the level-playing field, governance, law enforcement as well as the timely conclusion of a fisheries agreement;
2020/05/28
Committee: AFETINTA
Amendment 94 #

2020/2023(INI)

Motion for a resolution
Paragraph 6
6. Emphasises the importance of being ready for the UK’s withdrawal from the internal market and the customs union at the end of the transition period on 31 December 2020, regardless of the outcome of the negotiations; stresses that the consequences will be even more significant should no agreement be reached; welcomes, in this regard, the Commission’s sector-specific ‘readiness notices’, which seek to ensure that EU industry is ready for the inevitable shock that the UK’s withdrawal from the single market will cause; encourages the European Commission and Member States to enhance their efforts in order to fully inform European citizens and businesses of the risks that the transition period might end before an agreement is reached, in order to allow for and support adequate preparedness to such an unintended but possible outcome.
2020/05/28
Committee: AFETINTA
Amendment 105 #

2020/2023(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Recalls the negotiating directives, which set out that Gibraltar will not be included in the territorial scope of the agreement to be concluded between the EU and the UK, and that any separate agreement will require the prior agreement of the Kingdom of Spain;
2020/05/28
Committee: AFETINTA
Amendment 119 #

2020/2023(INI)

Motion for a resolution
Paragraph 7
7. Recalls that the Withdrawal Agreement is the instrument for implementing the arrangements for the UK’s withdrawal, that it is not subject to any sort of renegotiation of its provisions and that the onlysole purpose of the EU-UK Joint Committee is to oversee its application; underlines the importance of the effective implementation of the Withdrawal Agreement as a litmus test for the good faith that the UK brings to the negotiating process and recalls that the outcome of the negotiations would be linked to ion the future relationship should be linked to implementation of the Withdrawal Agreement;
2020/05/28
Committee: AFETINTA
Amendment 128 #

2020/2023(INI)

Motion for a resolution
Paragraph 8
8. Insists on having solid guarantees that the UK will implementthe full implementation by the UK of the Withdrawal Agreement effectively and in its entirety before the end of the transition period; stresses that monitoring its implementation should be an integral part of the work on the future relations;
2020/05/28
Committee: AFETINTA
Amendment 130 #

2020/2023(INI)

Motion for a resolution
Paragraph 8 b (new)
8 b. Pays special attention to the full respect of citizens' rights as defined in the Withdrawal Agreement; is determined to ensure that Member States fully respect and protect rights of British citizens living in the European Union under the Withdrawal Agreement; is equally committed to monitor closely that the UK fully respects and protects the rights of EU citizens living on its soil under the Withdrawal Agreement;
2020/05/28
Committee: AFETINTA
Amendment 131 #

2020/2023(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Insists the European Parliament to be fully and immediately informed of all the discussions held and decisions taken by the Joint Committee; recalls in this respect the obligations stemming from Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of the Agreement on the withdrawal of the United-Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community2, and in particular Article 2(3) thereof, which provides that Parliament must be in a position to exercise fully its institutional prerogatives throughout the Joint Committee proceedings;
2020/05/28
Committee: AFETINTA
Amendment 134 #

2020/2023(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Insists that the European Parliament is regularly informed regarding the implementation of the Withdrawal Agreement;
2020/05/28
Committee: AFETINTA
Amendment 135 #

2020/2023(INI)

Motion for a resolution
Paragraph 8 c (new)
8 c. Notes with concern that the COVID19 pandemic had significant consequences on the possibility for EU citizens living in the UK to apply to the EU settlement scheme as front offices have been closed due to the lockdown decided by British authorities;
2020/05/28
Committee: AFETINTA
Amendment 136 #

2020/2023(INI)

Motion for a resolution
Paragraph 8 d (new)
8 d. Expresses concern at reports that EU citizens under pre-settled status were denied social benefits in the UK due to bureaucratic obstacles; underlines that such situations equal undue discrimination and have significant consequences, especially at the time of severe economic and social uncertainty;
2020/05/28
Committee: AFETINTA
Amendment 137 #

2020/2023(INI)

Motion for a resolution
Paragraph 9
9. Recalls that under the Protocol on Ireland/Northern Ireland, designed and adopted in order to ensure the absence of a hard border on the island of Ireland while protecting the integrity of the Single market after the end of the transition period the UK, while being a third country, will have the task of implementing parts of the Union Customs Code, which will require unprecedented structures to be set up even before the end of the transition period, necessitating due consideration for the issue of proper implementation and enforcement; calls on the Commission to carry out efficient checks and controls; expresses concern at the repeated refusal expressed by the British authorities to authorize the opening of a permanent office for EU officials in Belfast to monitor the good implementation of the Protocol on Ireland/Northern Ireland; notes that the term goods ‘at risk of subsequently being moved into the Union’ used in Article 5 of that Protocol is unclear and depends on subsequent decisions of the Joint Committee which are exempt from formal European Parliament scrutiny; requests to be kept fully informed on the application of that Article and any proposals for decisions of the Joint Committee in that regard;
2020/05/28
Committee: AFETINTA
Amendment 146 #

2020/2023(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Emphasises the need to proceed with the necessary measures for the introduction of customs procedures for goods entering Northern Ireland from Great Britain, as well as necessary sanitary and phytosanitary controls and other regulatory checks;
2020/05/28
Committee: AFETINTA
Amendment 162 #

2020/2023(INI)

Motion for a resolution
Paragraph 12
12. Takes note that the UK has chosen to establish its future economic and trade partnership with the EU on the basis of a ‘Comprehensive Free Trade Agreement’ as laid down in the UK’s Approach to Negotiations; emphasises that, while the European Parliament is supportive of the EU constructively negotiating a balanced, ambitious and comprehensive FTA with the UK, by its nature an FTA will never be equivalent to ‘frictionless’ trade; expresses concern at the intention of the UK government to move away from zero tariffs and zero quota and avoid any commitments on the level playing field; emphasizes, in this regard, that the agreement should ensure open and fair competition, and prevent distortions in trade and unfair competitive advantages; shares the Commission’s negotiating position whereby the scope and ambition of an FTA that the EU would agree to is conditional on the UK agreeing to provisions related to the level playing field, given the geographical proximity and integration of markets, as well as on the conclusion of an agreement on fisheries;
2020/05/28
Committee: AFETINTA
Amendment 168 #

2020/2023(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Notes that contrary to the UK’s claim of relying on existing precedents, many proposals in the UK draft legal proposals go significantly beyond what has been negotiated by the EU in other FTAs with third countries in recent years, for example in the area of financial services, mutual recognition of professional qualifications and conformity assessment, equivalence of the SPS regime, or the cumulation of Rules of Origin;
2020/05/28
Committee: AFETINTA
Amendment 175 #

2020/2023(INI)

Motion for a resolution
Paragraph 12 b (new)
12 b. Deeply regrets in this regard that the UK has so far refused to engage, notwithstanding its commitment taken in the Political Declaration, for instance on Public Procurement, maritime transport as well as the protection of future geographical indications, especially as the UK did include some of those topics in its negotiation mandates with the USA and Japan; furthermore regrets that the UK has so far not submitted a proposal on SMEs;
2020/05/28
Committee: AFETINTA
Amendment 179 #

2020/2023(INI)

Motion for a resolution
Paragraph 13 – point i
(i) reciprocal arrangement for mutually beneficial market access for goods, services, public procurement, recognition of professional qualifications and where relevant foreign direct investment to be negotiated in full compliance with World Trade Organization (WTO) rules while recalling the necessary difference of treatment between a third country and a Member State;
2020/05/28
Committee: AFETINTA
Amendment 189 #

2020/2023(INI)

Motion for a resolution
Paragraph 13 – point iii
(iii) while striving for the widest possible trade in goods, the Commission should evaluate possible quotas and tariffs for the most sensitive sectors as well as the need for safeguard clauses to protect the integrity and stability of the EU single market; reiterates, moreover, that for instance with respect to food and agricultural products, access to the single market ishould be conditional on strict complianceregulatory alignment with all EU laws and standards ensuring a level playing field, particularly in the fields of food safety, genetically modified organisms (GMOs), pesticides, geographical indications, animal welfare, labelling and traceability, sanitary and phytosanitary (SPS) standards, and human, animal and plant health;
2020/05/28
Committee: AFETINTA
Amendment 202 #

2020/2023(INI)

Motion for a resolution
Paragraph 13 – point vi
(vi) commitments on services should be made with the aim of delivering a level of liberalisation in trade in services well beyond the parties’ WTO commitments, building on recent EU FTAs, while safeguarding the high quality of the EU’s public services in accordance with the TFEU and in particular Protocol 26 on Services of General Interest; audio-visual services should be excluded from provisions related to liberalisationthe scope of the economic partnership; reiterates that under an FTA market access for services is limited and always subject to exclusions, reservations and exceptions; all modes of supply of services should be covered, including commitments on the movement of natural persons across borders (Mode 4) and provisions, linked to EU rules and the respect for equal treatment of workers and recognition of professional qualifications while recalling the necessary difference of treatment between a third country and a Member State; the arrangements should include provisions on market access and national treatment under host state rules to ensure that EU service providers are treated in a non- discriminatory manner, including with regard to establishment as well as regulatory coordination platformexchange of information on regulations; the new arrangements should allow for the temporary entry and stay of natural persons for business purposes with the aim of providing services;
2020/05/28
Committee: AFETINTA
Amendment 208 #

2020/2023(INI)

Motion for a resolution
Paragraph 13 – point vii
(vii) there should be opportunities for access to both Parties to public procurement markets beyond WTO Government Procurement Agreement (GPA) commitments, guaranteeing market access for EU companies in strategic sectors at all levels of government and a degree of openness equal to the EU’s public procurement markets; regrets the fact, in this regard, in specific areas at all level of governments without prejudice to their national rules aimed at protecting their essential security interests, guaranteeing market access for EU companies and a degree of openness equal to the EU’s public procurement markets; however, defence and security contracts will have to remain excluded from the provisions of the agreement; regrets the fact that the UK’s initial negotiating position does not cover public procurement;
2020/05/28
Committee: AFETINTA
Amendment 216 #

2020/2023(INI)

Motion for a resolution
Paragraph 13 – point ix
(ix) an overarching chapter on the needs and interests of micro-enterprises and small and medium-sized enterprises (SMEs) with regard to market access facilitation issues including, but not limited to, compatibility of technical standards, and streamlined customs procedures with the aim of preserving and generating concrete business opportunities and fostering their internationalisation; noteregrets that the UK’s approach to the negotiations does not include specific provisions reflecting these objectives;
2020/05/28
Committee: AFETINTA
Amendment 239 #

2020/2023(INI)

Motion for a resolution
Paragraph 15
15. Reiterates that given the UK’s geographic proximity and economic interdependence with the EU, the breadth and depth of the agreement on a level playing field will be essential in determining the extent of the overall future EU-UK relationship; considers, therefore, that a level playing field must be ensured and EU standards safeguarded are a condition in order to avoid a ‘race to the bottom’ while contributing to sustainable development and the fight against climate change, with a view to dynamic alignment; stresses the need to ensure that the UK does not gain an unfair competitive advantage through the undercutting of levels of protection and to prevent regulatory arbitrage by market operators;
2020/05/28
Committee: AFETINTA
Amendment 247 #

2020/2023(INI)

Motion for a resolution
Paragraph 16 – introductory part
16. Recalls its determination to prevent any kind of ‘dumping’ in the framework of the future EU-UK relationship; considerspoints out that a key outcome of the negotiations is to guarantee a level playing field through robust commitments and enforceable provisions on:
2020/05/28
Committee: AFETINTA
Amendment 249 #

2020/2023(INI)

Motion for a resolution
Paragraph 16 – point i
(i) competition and State aid, which should prevent undue distortion of trade and competition and include provisions on state-owned enterprises; regrets, with regard to State aid, that the UK approach does not reflect the same ambition and only covers subsidies;
2020/05/28
Committee: AFETINTA
Amendment 253 #
2020/05/28
Committee: AFETINTA
Amendment 256 #

2020/2023(INI)

Motion for a resolution
Paragraph 16 – point iv
(iv) environmental protection and climate change related standards, the promotion of the UN’s Sustainable Development Goals; the Parties' commitments to international agreements to tackle climate change including those which implement the United-Nations Framework Conventions on Climate Change and the Paris Agreement; enforceable midterm commitments to tackle climate change; the implementation by the UK of a system of carbon pricing of at least the same scope and effectiveness as provided for by the EU Emissions Trading System (ETS) and the same principles regarding the use of external credits by the end of the transition period should apply;
2020/05/28
Committee: AFETINTA
Amendment 260 #
2020/05/28
Committee: AFETINTA
Amendment 263 #

2020/2023(INI)

Motion for a resolution
Paragraph 17
17. Points out that these provisions should ensure that standards are not lowered, while empowering both parties to modify commitments over time to lay down higher standards or include additional areas; stresses, moreover, that commitments and provisions should be enforceable by autonomous interim measures, a solid dispute settlement mechanism and remedies, to provide the Union with the ability to adopt sanctions as a last resort in every covered areas, including in relation to sustainable development with a view to dynamic alignment;
2020/05/28
Committee: AFETINTA
Amendment 271 #

2020/2023(INI)

Motion for a resolution
Paragraph 18
18. Strongly believes that the UK should adhere to the evolving standards on taxation and, anti-money laundering and counter terrorism financing legislation within the EU acquis, including tax transparency, the exchange of information on tax matters and anti-tax avoidance measures, and should address the respective situations of its Overseas Territories, its Sovereign Base Areas and its Crown Dependencies and their non- compliance with EU good governance criteria and transparency requirements;
2020/05/28
Committee: AFETINTA
Amendment 276 #

2020/2023(INI)

Motion for a resolution
Paragraph 19
19. Reiterates the need to maintain high standards and a level playing field in the areas of medicinal products, medical devices, food safety and labelling, animal wellbeing and veterinary, phytosanitary, and environmental policy and standards;
2020/05/28
Committee: AFETINTA
Amendment 293 #

2020/2023(INI)

Motion for a resolution
Paragraph 21
21. Recalls that this is contrary to the provisions of the Political Declaration, which envisages an ambitious, broad, deep and flexible partnership in the field of foreign policy, security and defence and contains a part dedicated specifically to the EU-UK future security partnership, and to which the UK has agreed;
2020/05/28
Committee: AFETINTA
Amendment 376 #

2020/2023(INI)

Motion for a resolution
Paragraph 32
32. Points out that the entire Agreement with the UK as a third country, including among others provisions on the level playing field and fisheries, should include the establishment of a coherent and solid governance system as an overarching framework, covering the joint continuous supervision and management of the Agreement as well as dispute settlement and enforcement mechanisms with sanctions and interim measures where necessary with respect to the interpretation and application of the Agreement’s provisions;
2020/05/28
Committee: AFETINTA
Amendment 10 #

2020/2022(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses that specific attention be paid to ensure that no measures adopted affect or weaken the protection of freedom of expression;
2020/05/07
Committee: IMCO
Amendment 12 #

2020/2022(INI)

Draft opinion
Paragraph 1 b (new)
1b. Believes that the Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, non-discrimination, dignity, and free speech;
2020/05/07
Committee: IMCO
Amendment 35 #

2020/2022(INI)

3a. Recalls that the e-commerce directive is the legal framework for online services in the Internal Market that regulates content management; stresses that any fragmentation of that framework, resulting from the revision of the e- commerce directive should be avoided;
2020/05/07
Committee: IMCO
Amendment 23 #

2020/2018(INL)

Motion for a resolution
Recital B
B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and no longer adequately reflects the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challengeswhereas since its adoption 20 years ago, the European Court of Justice has issued a number of judgments in relation to it; whereas the clarifications made by the European Court of Justice should be codified; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
2020/05/18
Committee: IMCO
Amendment 33 #

2020/2018(INL)

Motion for a resolution
Recital C
C. whereas, despite the clarifications made by the European Court of Justice, the need to go beyond the existing regulatory framework is clearly demonstrated by the fragmented approach of Member States to tackling illegal content online, by the lack of enforcement and cooperation between Member State, currently Member States have fragmented approach to tackling illegal content online as, since the entry into force of Directive 2000/31/EC, some Member States have adopted their own rules on 'notice-and-action' mechanisms; whereas there are therefore increasing differences between such national rules; whereas, as a consequence, the service providers concerned cand by the inability of the existing legal framework to promote effective market entrye subject to a range of different legal requirements which are diverging as to their content and sconsumer welfarpe;
2020/05/18
Committee: IMCO
Amendment 35 #

2020/2018(INL)

Motion for a resolution
Recital C a (new)
Ca. whereas a recent Parliament 1a study shows that the potential gain of completing the Digital Single Market for services could be up to €100 billion; whereas the Digital Services Act should not only be a way to regulate those services but should also aim at unlocking this potential to the benefit of the European economy; __________________ 1a“Europe’s two trillion euro dividend, Mapping the Cost of Non-Europe 2019- 2024”, EPRS, PE 631.745, April 2019
2020/05/18
Committee: IMCO
Amendment 38 #

2020/2018(INL)

Motion for a resolution
Recital C b (new)
Cb. whereas the E-Commerce Directive provides the foundations for the Digital Single Market by setting out the country of origin principle, forbidding any form of prior authorisation, establishing a limited liability regime and a ban on a general monitoring obligation, and great care must be taken to not alter these principles if the Commission decides to propose to amend, widen, or limit this Directive;
2020/05/18
Committee: IMCO
Amendment 39 #

2020/2018(INL)

Motion for a resolution
Recital D
D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomings of the current regu the Commission contacted a number of platforms, social media, search engines and market places rapidly to require their cooperation in taking down scams from their platforms; whereas platfory framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the futurems replied positively to this call for cooperation and since then a rapid and efficient information exchange is in place; whereas, at the same time, the pandemic has also shown that platforms and online intermediation services need to step up their efforts to rapidly detect and take down fake claims and tackling the misleading practices of rogue traders in a consistent and coordinated manner, in particular of those selling false medical equipment online; whereas this calls for action at Union level to have a more coherent and coordinated approach to combat these misleading practices;
2020/05/18
Committee: IMCO
Amendment 46 #

2020/2018(INL)

Motion for a resolution
Recital D a (new)
Da. whereas scandals recently emerged regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism);
2020/05/18
Committee: IMCO
Amendment 48 #

2020/2018(INL)

Motion for a resolution
Recital D b (new)
Db. whereas Directive (EU) 2019/770, Directive (EU) 2019/771, and Directive (EU) 2019/2161 were all adopted less than a year ago and are still in the process of being implemented and transposed into national legislation;
2020/05/18
Committee: IMCO
Amendment 49 #

2020/2018(INL)

Motion for a resolution
Recital D c (new)
Dc. whereas Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services only came into force in July 2019 and is only binding on platforms from 12 July 2020;
2020/05/18
Committee: IMCO
Amendment 50 #

2020/2018(INL)

Motion for a resolution
Recital D d (new)
Dd. whereas the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; whereas this problem is aggravated by the fact that often the identity of these companies cannot be established;
2020/05/18
Committee: IMCO
Amendment 84 #

2020/2018(INL)

Motion for a resolution
Paragraph 2 b (new)
2b. Underlines that, if a revision is approved by the co-legislators, that implementation of the final adopted legislations should be supported by the adoption of Vademecums and implementation guidelines;
2020/05/18
Committee: IMCO
Amendment 88 #

2020/2018(INL)

Motion for a resolution
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; at the same time, underlines the opposite must be equally true in that digital goods and services must be able to freely move within the Single Market similarly to the free movement of physical goods and offline services;
2020/05/18
Committee: IMCO
Amendment 120 #

2020/2018(INL)

Motion for a resolution
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especiallythe Digital Single Act should not tackle the issue of platform wor collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regukers; notes that a report is being prepared by the relevant committee of the European Parliament on “Fair working conditions, rights and social protection for platfory frameworkm workers - New forms of employment linked to digital development”;
2020/05/18
Committee: IMCO
Amendment 127 #

2020/2018(INL)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission to focus its work and to ensure that any legislation is targeted and limited; encourages the Commission to refrain from any attempt to cover all long standing Digital Single Market issues within a single package; underlines that the previous Commission already had an extensive digital agenda and that there is a need to assess its effect before regulating again on the same issue; underlines in particular that Directive (EU) 2019/770 and Directive (EU) 2019/771 are still to be properly transposed and implemented; asks the Commission to take this into account before taking additional measures;
2020/05/18
Committee: IMCO
Amendment 131 #

2020/2018(INL)

Motion for a resolution
Paragraph 5 b (new)
5b. Recalls that a large number of legislative, administrative decisions, and contractual relationships uses the definitions and the rules of the E- Commerce Directive and that any change to them will therefore have important consequences; considers then that care must be taken before doing so;
2020/05/18
Committee: IMCO
Amendment 144 #

2020/2018(INL)

Motion for a resolution
Paragraph 6 a (new)
6a. Underlines that any future proposals should be based on the Single Market under Article 114 TFEU and support its completion; underlines that if the Commission believes proposals are needed for both matters covered by rules on competition (Title VII, Chapter 1 TFEU) and those covered by approximation of laws (Title VII, Chapter 3 TFEU), separate instruments should be used and proposed; underlines that any combination of measures under both policy areas (ex-ante and ex-post measures) into a single instrument could be viewed as the politicising of competition policy and therefore would harm the respect for competition policy decisions and their implementation by bodies world-wide;
2020/05/18
Committee: IMCO
Amendment 147 #

2020/2018(INL)

Motion for a resolution
Paragraph 6 c (new)
6c. Stresses that any future legislative proposals should seek to remove current, and prevent potentially new barriers in the supply of digital services by online platforms; underlines, at the same time, that new Union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold- plating practices of Union legislation by Member States;
2020/05/18
Committee: IMCO
Amendment 148 #

2020/2018(INL)

Motion for a resolution
Paragraph 6 d (new)
6d. Recalls that the E-Commerce Directive was drafted in a technologically neutral manner in order to avoid amendments of the legal framework arising from the fast pace of innovation in the IT sector; asks the Commission to ensure that any revisions continue to respect this technologically neutral manner;
2020/05/18
Committee: IMCO
Amendment 149 #

2020/2018(INL)

Motion for a resolution
Paragraph 6 e (new)
6e. Considers that the future Digital Services Act should take the form of several regulations rather than directives in order to ensure a more harmonised application and avoid delays in its transposition;
2020/05/18
Committee: IMCO
Amendment 152 #

2020/2018(INL)

Motion for a resolution
Paragraph 7 a (new)
7a. Believes that the principles that governed the legislators when regulating information society services providers in the late 90’s are still valid and should be used when drafting any future proposals, namely: (a) To provide appropriate information on a wide scale (b) To prevent the creation of fresh obstacles and the re-fragmentation of the internal market (c) To reduce disputes to a minimum (d) To avoid the risks of over-regulation (e) To protect general interests more effectively and to identify any need for rules quickly (f) To step up administrative cooperation (g) To strengthen Union participation in international discussions;
2020/05/18
Committee: IMCO
Amendment 175 #

2020/2018(INL)

Motion for a resolution
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights;deleted
2020/05/18
Committee: IMCO
Amendment 190 #

2020/2018(INL)

Motion for a resolution
Paragraph 10
10. Stresses that the Digital Services Act should achieve the right balance between the internal market freedoms and the fundamental rights and principlestrengthen the internal market for services while protecting rights set out in the Charter of Fundamental Rights of the European Union, in particular freedom of expression;
2020/05/18
Committee: IMCO
Amendment 195 #

2020/2018(INL)

Motion for a resolution
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;deleted
2020/05/18
Committee: IMCO
Amendment 203 #

2020/2018(INL)

Motion for a resolution
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established;deleted
2020/05/18
Committee: IMCO
Amendment 216 #

2020/2018(INL)

Motion for a resolution
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, that provide services to consumers (B2B2C) and the minimum information requirements on commercial communications, should be substantially strengthened;
2020/05/18
Committee: IMCO
Amendment 231 #

2020/2018(INL)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to require intermediate service providers to verifycollect the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date when those business partners have a direct relationship with consumers through the intermediate service, and to ensure that the information is updated in case competent authorities informed the providers of any inaccuracy;
2020/05/18
Committee: IMCO
Amendment 239 #

2020/2018(INL)

Motion for a resolution
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and information, if proposing measures on internet service providers aimed at increasing transparency and information, to take into account the difference between the underlining hosting internet service provider on the one hand and a platform or other websites and its users on the other; stresses that internet service providers often have no contractual relations with a platform’s business users or consumers, including having no legal right to view or access data stored; asks the Commission to ensure that enforcement measures are targeted in a way that takes this difference into account and does not force the breach of privacy and legal process; considers that these obligations should be proportionate and enforced by appropriate, effective and dissuasive penalties;
2020/05/18
Committee: IMCO
Amendment 250 #

2020/2018(INL)

Motion for a resolution
Paragraph 15 a (new)
15a. Underlines the need for due process; stresses the need to prevent the abuse of transparency, redress and other systems by businesses in order to confront other businesses; believes that any revisions must seek to balance the rights of all users and ensure that the law is not drafted to favour one legitimate interest over another;
2020/05/18
Committee: IMCO
Amendment 272 #

2020/2018(INL)

Motion for a resolution
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the concrete challenges not already covered by current legislation that they present in terms of ensuring non-discrimination, transparency and explainabilityon the data sets and the explainability - to the extent possible - of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;
2020/05/18
Committee: IMCO
Amendment 281 #

2020/2018(INL)

Motion for a resolution
Paragraph 17 a (new)
17a. Recalls that the protection of personal data subject to automated decision-making processes is already covered, among others, by the General Data Protection Regulation and none of the proposals should seek to repeat or amend such measures;
2020/05/18
Committee: IMCO
Amendment 283 #

2020/2018(INL)

Motion for a resolution
Paragraph 17 c (new)
17c. Believes that the focus of the Commission should be on potential bias within datasets or in the output, rather than on the algorithms themselves;
2020/05/18
Committee: IMCO
Amendment 297 #

2020/2018(INL)

Motion for a resolution
Paragraph 18 a (new)
18a. Stresses that digital services should not exclusively use automated decision-making systems for consumer support;
2020/05/18
Committee: IMCO
Amendment 303 #

2020/2018(INL)

Motion for a resolution
Paragraph 19
19. Stresses that the existence and spread of illegal content online is a severe threat that, such as incitement to terrorism, illegal hate speech, or child sexual abuse material, as well as infringements of intellectual property rights and consumer protection online undermines citizens' trust and confidence in the digital environment, and which also harms the economic development ofharms healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services;
2020/05/18
Committee: IMCO
Amendment 310 #

2020/2018(INL)

Motion for a resolution
Paragraph 19 a (new)
19a. Believes that allowing new innovative business models to flourish and strengthening the Digital Single Market by removing barriers to the free movement of digital content, barriers which creates national fragmented markets and a demand for illegal content, have been proven to work in the past, especially in relation to the infringements of intellectual property rights;
2020/05/18
Committee: IMCO
Amendment 328 #

2020/2018(INL)

Motion for a resolution
Paragraph 20 a (new)
20a. Stresses also that content that might be seen as 'illegal' in some Member States, may not be seen as such in others as only some type of 'illegal' content are harmonised in the EU; notes that there is therefore no ‘one size fits all’ solution to all types of 'illegal' content;
2020/05/18
Committee: IMCO
Amendment 329 #

2020/2018(INL)

Motion for a resolution
Paragraph 20 b (new)
20b. Believes, however, that a more aligned approach at Union level, taking into account the different types of content and online platforms and based on cooperation and exchange of best practices, will make the fight against 'illegal' content more effective;
2020/05/18
Committee: IMCO
Amendment 330 #

2020/2018(INL)

Motion for a resolution
Paragraph 20 c (new)
20c. Underlines the need to adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement, so that the fight against terrorism, illegal hate speech, or child sexual abuse material take clear precedence over other types of infringements;
2020/05/18
Committee: IMCO
Amendment 340 #

2020/2018(INL)

Motion for a resolution
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but and additional measures are needed in ordershould be taken to ensure the swift detection and removal of illegal content online;
2020/05/18
Committee: IMCO
Amendment 345 #

2020/2018(INL)

Motion for a resolution
Paragraph 21 b (new)
21b. Underlines, however, the need to prevent a general monitoring of content uploads and for a light-handed approach by online intermediaries as to user uploaded content of a non-commercial nature; underlines that algorithms are not able to fully understand context and the legal uses of content as outlined in EU and different national legislations; believes that filters based on algorithms alone systematically lead to the removal of legitimate content (‘false positives’) and the corruption of such systems to the benefit of unfair commercial practices; asks where there is a doubt as to a content being of an 'illegal' nature, that this content should not be removed before further investigation;
2020/05/18
Committee: IMCO
Amendment 347 #

2020/2018(INL)

Motion for a resolution
Paragraph 21 c (new)
21c. Asks the Commission to issue a study on the removal of content and data during the COVID-19 crisis by automated decision-making and the level of removals in error (false positives) that were included in the number of items removed;
2020/05/18
Committee: IMCO
Amendment 364 #

2020/2018(INL)

Motion for a resolution
Paragraph 22 a (new)
22a. Stresses that such a ‘notice-and- action’ mechanism must be human- centric and give the benefit of the doubt to users; underlines that safeguards against the abuse of the system should be introduced, including against repeated false flagging, unfair commercial practices and other schemes; underlines that for many small traders, the removal of even a single product can result in the collapse of a business;
2020/05/18
Committee: IMCO
Amendment 368 #

2020/2018(INL)

Motion for a resolution
Paragraph 22 b (new)
22b. Notes the challenges around the enforcement of legal injunctions issued within Member States other than the country of origin of a service provider; stresses the need to investigate this issue outside the scope of the Digital Service Act and any ‘notice-and-action’ mechanism;
2020/05/18
Committee: IMCO
Amendment 371 #

2020/2018(INL)

Motion for a resolution
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; in this context, underlines that the legal liability regime and ban on general monitoring should not be weakened via a possible new legislation or the amendment of other sections of the E-commerce Directive, including the amendment of the definitions laid down in the Directive;
2020/05/18
Committee: IMCO
Amendment 386 #

2020/2018(INL)

Motion for a resolution
Paragraph 23 a (new)
23a. Asks the Commission to review the Annex to the E-Commerce Directive and, where relevant, remove or further limit the derogations granted there; notes that a significant and ever increasing part of the Digital Single Market is made up of services included there within;
2020/05/18
Committee: IMCO
Amendment 397 #

2020/2018(INL)

Motion for a resolution
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rightsan increasing number of non-compliant sellers - especially from third countries – are offering unsafe or illegal products in the European market;
2020/05/18
Committee: IMCO
Amendment 421 #

2020/2018(INL)

Motion for a resolution
Paragraph 26 a (new)
26a. Asks the Commission to act at global level for minimum requirements for business information disclosure when trading online with consumers, the promotion of good practice via the development of new guidelines and the use of existing standards and the creation of a network of consumer centres to help European consumers to handle disputes with traders based in non-EU countries;
2020/05/18
Committee: IMCO
Amendment 426 #

2020/2018(INL)

Motion for a resolution
Paragraph 26 b (new)
26b. Notes the continued issues of the abuse or wrong application of selective distribution agreements to limit the availability of products and services across borders within the Single Market and between platforms; asks the Commission to act on this issue within any wider review of Vertical Bloc Exemptions and other policies under Article 101 TFEU while refraining from its inclusion in the Digital Services Act;
2020/05/18
Committee: IMCO
Amendment 460 #

2020/2018(INL)

Motion for a resolution
Paragraph 28 a (new)
28a. Underlines that additional ex-ante regulation on small and medium-sized enterprises should be avoided wherever possible and that additional requirements on systemic platforms should not lead to additional requirements for those businesses that use them;
2020/05/18
Committee: IMCO
Amendment 497 #

2020/2018(INL)

Motion for a resolution
Paragraph 32
32. Calls on the Commission to strengthen and modernise the current provisions on out-of-court settlement and court actions to allow for an effective enforcement and consumer redressconsumer redress; underlines that such measures should seek to support consumers that do not have the financial or legal means to use the court system and should not weaken the legal protections of small businesses and traders that national legal systems provide;
2020/05/18
Committee: IMCO
Amendment 502 #

2020/2018(INL)

Motion for a resolution
Paragraph 32 a (new)
32a. Calls on national regulators and the Commission to provide further advice and assistance to EUSMEs about their rights;
2020/05/18
Committee: IMCO
Amendment 512 #

2020/2018(INL)

Motion for a resolution
Annex I – part I – paragraph 2
The Digital Services Act should guarantee that online and offline economic activities are treated equally and on a level playing field which fully reflects the principle that “what is illegal offline is also illegal online” and equally “what is legal offline is also legal online”;
2020/05/18
Committee: IMCO
Amendment 529 #

2020/2018(INL)

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 1
- a revised framework with clear due diligence transparency and information obligations;
2020/05/18
Committee: IMCO
Amendment 552 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 1 a (new)
Digital services which are closed in nature and offered in a purely business to business relationship should not be subject to the same requirements as services which are targeted at the general public or at consumers;
2020/05/18
Committee: IMCO
Amendment 556 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 2
The territorial scope of the future Digital Services Act should be extended to cover also the activities of companies and service providers established in third countries, when they offertarget or direct services or goods to consumers or users in the Union;
2020/05/18
Committee: IMCO
Amendment 561 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 4
The Digital Services Act should maintain the possibility for Member States to setseek to further harmonise consumer protection across the Union, in alignment with Directive (EU) 2019/770 and Directive (EU) 2019/771 and to maintain a higher level of consumer protection and pursue legitimate public interest objectives in accordance with EU law;
2020/05/18
Committee: IMCO
Amendment 574 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
- clarify to what extent new digital services, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
2020/05/18
Committee: IMCO
Amendment 577 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 2
- clarify the nature of the content hosting intermediaries (text, images, video, or audio content) on the one hand, and commercial online marketplaces (selling physical and digital goods) on the other;
2020/05/18
Committee: IMCO
Amendment 598 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5 a (new)
- seek to codify the decisions of the European Court of Justice, where needed, and while having due regard to the main different pieces of legislation which use these definitions;
2020/05/18
Committee: IMCO
Amendment 599 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – title
IV. DUE DILIGENCETRANSPARENCY AND INFORMATION OBLIGATIONS
2020/05/18
Committee: IMCO
Amendment 604 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part
The Digital Services Act should introduce clear due diligence transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:
2020/05/18
Committee: IMCO
Amendment 606 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 and Article 6 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should verify in the case where providers of online intermediation services use an information society service as means to sell or communicate with consumers; for traders or other providers on marketplaces and advertisers, brokers or other providers of commercial communication, services providers should collect the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the information is incomplete or when the provider has been informed by the competent authorities that the identity of their business customer is false, misleading or otherwise invalid;
2020/05/18
Committee: IMCO
Amendment 616 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- that measure should apply only to business-to-business relationships and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; the new general information requirements should review and further enhance Articles 5, 6 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).
2020/05/18
Committee: IMCO
Amendment 625 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 1
- to expressly set out in their contract terms and general conditions that service providers will not knowingly store illegal content;
2020/05/18
Committee: IMCO
Amendment 633 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
- to ensure that the contract terms and general conditions comply with these and all information requirements established by Union lawUnion law, including any and all relevant information requirements, including those the Unfair Contract Terms Directive, the Consumer Rights Directive and the GDPR;
2020/05/18
Committee: IMCO
Amendment 637 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
- to specify clearly and unambiguously in their contract terms and general conditions the exactmain parameters of their AI systems and how they can affect the choice or behaviour of their usersdetermining ranking content, and the reasons and importance of those parameters as opposed to other parameters.
2020/05/18
Committee: IMCO
Amendment 639 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)
- start all Terms and Conditions agreements and all End-User Licensing Agreements with a summary statement based on a framework and document template, to be created by the Commission.
2020/05/18
Committee: IMCO
Amendment 672 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
- be on a case by case basis and not require a blanket investigation of all AI systems
2020/05/18
Committee: IMCO
Amendment 674 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
- allow authorities to check algorithms when they have justified reasons to believe that it has algorithmic bias,
2020/05/18
Committee: IMCO
Amendment 676 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
- be subject to clear confidentiality and protection of trade secret rules;
2020/05/18
Committee: IMCO
Amendment 678 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
- ensure that consumers are protected by the right to be informed and the right to an explanation of AI services, in addition to the right to switch off or limit an AI system using personalization where possible;
2020/05/18
Committee: IMCO
Amendment 687 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines.
2020/05/18
Committee: IMCO
Amendment 715 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 a (new)
- adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement;
2020/05/18
Committee: IMCO
Amendment 717 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 b (new)
- ensure that the access and removal of illegal content does not require the closure of access to overall sites and services which are otherwise legal and only affect the exact noticed content.
2020/05/18
Committee: IMCO
Amendment 725 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 – indent 2
- rank different types of providers, sectors and/or illegal content in order to appreciate the seriousness of the infringement;
2020/05/18
Committee: IMCO
Amendment 736 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 – indent 7
- require notices to be sufficiently precise and adequately substantiated so as to allow the service provider receiving them to take an informed and diligent decision as regards the effect to be given to the notice and specify the requirements necessary to ensure that notices are of a good quality, thereby enabling a swift removal of illegal content; such requirement should include the name and contact details of the notice provider, the link (URL) to the allegedly illegal content in question, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim;
2020/05/18
Committee: IMCO
Amendment 747 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 – indent 9
- consider, when a complaint is not anonymous, a declaration of good faith that the information provided is accurate;
2020/05/18
Committee: IMCO
Amendment 771 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – subheading 2 – indent 4 a (new)
- an out-of-court dispute settlement mechanism should meet certain standards, notably in terms of procedural fairness, a presumption of innocence or lack of malicious intent by the content provider and that abuse is avoided.
2020/05/18
Committee: IMCO
Amendment 778 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 – introductory part
The notice-and-action mechanisms should be transparent and available to any interested party; to that end, online intermediaries should be obliged to publish annual reports with information on:
2020/05/18
Committee: IMCO
Amendment 782 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 – indent 5
- the description of the content moderation model applied by the hosting intermediary, as well as any algorithmic decision making which influences the content moderation process.
2020/05/18
Committee: IMCO
Amendment 788 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 a (new)
They should be required to update this report on an annual basis where there is a significant change from one year to the next or where a provider is a "systemic platform".
2020/05/18
Committee: IMCO
Amendment 789 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 b (new)
The obligation to publish and the required detail of this report should take into account the size or the scale on which online intermediaries operate and whether they have only limited resources and expertise and if there is a need for effective and appropriate safeguards accompanying such mechanisms.
2020/05/18
Committee: IMCO
Amendment 794 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 5
The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarodify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active naturethe jurisprudence of the European Court of Justice on the matter.
2020/05/18
Committee: IMCO
Amendment 799 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 5 a (new)
The Digital Service Act should maintain its protections of non-active providers and other backend and infrastructure services which are not party to the contractual relations between online intermediaries and its business or private customers. Such backend services should not be held liable for actions which they did not have an active overarching decision making role and which merely implement decisions by the online intermediaries or its customers.
2020/05/18
Committee: IMCO
Amendment 802 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 6
The Digital Services Act should maintain the ban on general monitoring obligation under Article 15 of the current E- Commerce Directive. Online intermediaries should not be subject to general monitoring obligations, including any requirements for ex-ante control measures based on automated tools or upload-filtering of content.
2020/05/18
Committee: IMCO
Amendment 805 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 6 a (new)
The Digital Service Act, however, may allow for voluntary actions which would allow for online intermediaries to take social responsibility without losing the protections of article 14.
2020/05/18
Committee: IMCO
Amendment 824 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hourstwo working days of receiving notification;
2020/05/18
Committee: IMCO
Amendment 835 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 7 a (new)
- explore the option that suppliers which are established in a third country have to designate a legal representative, established in the Union, who can be held accountable for the selling of products to European consumers which do not comply with Union rules of safety;
2020/05/18
Committee: IMCO
Amendment 838 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8
- address the liability for online marketplaces if the online marketplace has not informed the consumer that a third party is the actual supplier of the goods or services, thus making the marketplace contractually liable vis-à-vis the consumer; liability should also be considered in case the marketplace willingly provides misleading information, guarantees, or statements;
2020/05/18
Committee: IMCO
Amendment 855 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” in the digitalhat lays down conditions, which if met, woruld, building on the Platform to Business Regulation; such mechanism should allow regulatory author require additional transparency measures and requirements, in additieson to impthose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rulesin the Platform to Business Regulation;
2020/05/18
Committee: IMCO
Amendment 916 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 5
The central regulator should report to the Union institutions anCommission could maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.
2020/05/18
Committee: IMCO
Amendment 11 #

2020/2017(INI)

Draft opinion
Paragraph 1
1. Notes that the Commission has proposed to rapidly deploy products and services that rely on AI in areas of public interest and the public sector; emphasises that in the education sector, this deployment should involve educators, learners and wider society and take their needs and the expected benefits into account in order to ensure that AI is used purposefully and ethically; considers that all products and services developed with public funding should be published under open-source licenses and be accessible to the general public;
2020/04/15
Committee: IMCO
Amendment 28 #

2020/2017(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission to include the education sectoruses of certain AI applications in the education sector that are subject to certification schemes or include sensitive personal data in the regulatory framework for high-risk AI applications given the importance of ensuring that education continues to contribute to the public good and given the high sensitivity of data on pupils, students and other learners; underlines that data sets used to train AI should be reviewed to avoid reinforcing gender stereotypes and other biases;
2020/04/15
Committee: IMCO
Amendment 48 #

2020/2017(INI)

Draft opinion
Paragraph 3
3. Expresses its concern that schools and other public education providers are becoming increasingly dependent on educational technology services, including AI applications, provided by just a few technology companies; stresses that this may lead to unequal access to data and limit competition by restricting consumer choice; calls for this data to be shared with the relevant public authorities so it can be usedstresses in this regard the importance of supporting the uptake of AI by SMEs in the education, culture and audiovisual sector through financial support and other appropriate incentives that do not entail a disproportionate burden and create a level playing field; calls for the data used by AI applications in the education sector to be shared with the relevant public authorities so it can be used, in accordance with the European data protection and privacy rules, and ethical, democratic and transparency standards, in the development of curricula and pedagogical practices (in particular sincewhen these services are purchased with public money or offered to public education providers for free, and becauseconsidering that education is a common good);
2020/04/15
Committee: IMCO
Amendment 51 #

2020/2017(INI)

Draft opinion
Paragraph 3
3. Expresses its concern that schools and other public education providers are becoming increasingly dependent on educational technology services, including AI applications, provided by just a few technology companies; stresses that this may lead to unequal access to data and limit competition by restricting consumer choice; calls for this data to be shared with the relevant public authorities so it can be used in the development of curricula and pedagogical practices (in particular since these services are purchased with public money or offered to public education providers for free, and because education is a common good)accessible by the general public (following open access principles without harming copyright and trade secret legislation) in a standardised way so it can be used for the assessment, improvement and new development of curricula and pedagogical practices; technologies used by public education providers or purchased with public money should be based on open- source technology where possible;
2020/04/15
Committee: IMCO
Amendment 72 #

2020/2017(INI)

Draft opinion
Paragraph 4
4. Stresses the importance of putting in place a proper framework for the public procurement of such services for the public sector, including for education providers, to ensure consumer choice and the respect of fundamental rights; stressesmaking full use of the public procurement directives and to train public buyers adequately, to ensure consumer choice and the respect of fundamental rights for the procurement of such services in the public sector; stresses to that effect the need for public buyers to take into account specific criteria, such as non- discrimination and data privacy, and, specifically when purchasing services for public education providers, the involvement of educators and learners;
2020/04/15
Committee: IMCO
Amendment 23 #

2020/2016(INI)

Draft opinion
Paragraph 1
1. Considers that AI used by police and judicial authorities has to be generally categorised as high-risk, given that the role of these authorities is to defend the public interest; considers that the EU should take the lead in laying down basic rules on the development and use of AI by public institutions to ensure the same high level of consumer protection across the EU;
2020/06/17
Committee: IMCO
Amendment 34 #

2020/2016(INI)

Draft opinion
Paragraph 2
2. Stresses that AI should help to ease the administrative burden on public authorities, without ever fully replacing human decisions, and that AI systems should rely on human oversight;
2020/06/17
Committee: IMCO
Amendment 42 #

2020/2016(INI)

Draft opinion
Paragraph 3
3. Considers that such tools should be released as open source software under the public procurement procedure, and that a fundamental rights audit should be part of a prior conformity assessment; believes that – while ensuring the respect of EU law and values and the applicable data protection rules, and without jeopardising investigations or criminal prosecutions – training data must always be open data;
2020/06/17
Committee: IMCO
Amendment 49 #

2020/2016(INI)

Draft opinion
Paragraph 4
4. Emphasises that data collection and the monitoring of individuals should be limited to criminal suspects and court approved surveillance;
2020/06/17
Committee: IMCO
Amendment 51 #

2020/2016(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Highlights that national authorities should receive training and basic skills to deal with algorithmic systems and responsibly use AI technologies in criminal matters, with the aim of protecting European citizens from potential risks and damages to their fundamental rights;
2020/06/17
Committee: IMCO
Amendment 62 #

2020/2016(INI)

Draft opinion
Paragraph 6
6. Recalls the high risk of abuse of certain types of AI, including facial recognition technologies in public spaces, automated behaviour detection and profiling to divide people into risk categories at borders, and calls on the Commission to ban themir use by public institutions;
2020/06/17
Committee: IMCO
Amendment 65 #

2020/2016(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Calls for exchanges of information and best practices regarding the application of AI techniques and tools by judicial and police authorities in Member States to avoid a fragmented approach in the Single Market, as well as to face in a coordinated manner the risks associated with AI technologies, such as vulnerability to cybersecurity threats, and ensure the protection of citizens in the Union;
2020/06/17
Committee: IMCO
Amendment 67 #

2020/2016(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Emphasises that where decision making is assisted by statistical calculations, such as at probation hearings, the decision makers need to be trained about the general biases statistical calculations carry and made aware about the specific biases of calculation in the particular situation;
2020/06/17
Committee: IMCO
Amendment 68 #

2020/2016(INI)

Draft opinion
Paragraph 7 b (new)
7 b. Recalls the right of rectification established in Regulation (EU) 2016/679 (General Data Protection Regulation) and stresses the particular importance of accurate data sets, when these are used to assist administrative decisions; calls on the Commission to examine the benefits of ensuring transparency regarding the individual data included in the particular calculation and an accompanying procedure for rectification.
2020/06/17
Committee: IMCO
Amendment 1 #

2020/2015(INI)

Draft opinion
Paragraph 1
1. Recalls the potential that AI has to deliver innovative services to businesses, consumers and the public sector; stresses the key role that AI technologies can play in the digitisation of the economy in many sectors, such as industry, healthcare, construction and transport, leading to new business models; highlights that the Union must actively embrace developments in this area to advance the digital single market; underlines that the development and use of AI in the internal market will depend on a balanced and effective system of intellectual property rights (IPRs);
2020/05/07
Committee: IMCO
Amendment 3 #

2020/2015(INI)

Draft opinion
Paragraph 1
1. Recalls the potential that AI has to deliver innovative services to businesses, consumers and the public sector; underlines that the development and use of AI in the internal market will depend onbenefit from a balanced and effective system of intellectual property rights (IPRs);
2020/05/07
Committee: IMCO
Amendment 12 #

2020/2015(INI)

Draft opinion
Paragraph 2
2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considers that all companies shouldcan benefit from equally efficient and effective IPR protection;
2020/05/07
Committee: IMCO
Amendment 23 #

2020/2015(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs to develop and protect their products;
2020/05/07
Committee: IMCO
Amendment 28 #

2020/2015(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that besides protecting IPRs, it is in the interest of consumers to have legal certainty about allowed uses of protected works, especially when it comes to complicated algorithmic products;
2020/05/07
Committee: IMCO
Amendment 29 #

2020/2015(INI)

Draft opinion
Paragraph 4 b (new)
4b. Believes that to ensure the development of human-centric, trusted AI, a strong harmonized regime for whistle-blowers is needed to make sure that algorithms and data sets do not carry biases, are non-discriminatory and adhere to the ethical standards proclaimed; therefore calls on the Commission to assess in its report to the Parliament pursuant to article 27 (3) of the Directive (EU) 2019/1937 the need to revise its Annex in order to include any regulatory EU framework for AI;
2020/05/07
Committee: IMCO
Amendment 33 #

2020/2015(INI)

Draft opinion
Paragraph 5
5. Believes that the challenge of assessing AI applications requires the development of new methods; notes, for instance, that adaptive learning systems may recalibrate following each input, making certain ex ante disclosures alone ineffective;
2020/05/07
Committee: IMCO
Amendment 36 #

2020/2015(INI)

Draft opinion
Paragraph 6
6. Considers that where AI applications are certified, they should demonstrate transparency, explainability and adherence to ethical standards, but notes that this aim isheir adherence to ethical standards, their processes need to be transparent, and their decisions should be explainable to the extent possible, but notes that these objectives are not necessarily achieved only, or at all,solely through simple disclosure of the algorithm or code;
2020/05/07
Committee: IMCO
Amendment 42 #

2020/2015(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to consider how to assess products in a modular way or with the use of verification toolways that would allow productsthem to be adequately tested without creating risks for IPR holders due to extensive disclosure of easily replicated productinappropriate risks of potential disclosure for IPR holders.
2020/05/07
Committee: IMCO
Amendment 23 #

2020/2014(INL)

Motion for a resolution
Recital D a (new)
Da. whereas the notion of Artificial Intelligence(AI)-systems comprises a large group of different technologies, including simple statistics, machine learning and deep learning;
2020/05/28
Committee: JURI
Amendment 27 #

2020/2014(INL)

E. whereas Artificial Intelligence (certain AI)-systems present significant legal challenges for the existing liability framework and could lead to situations, in which their opacity could make it extremely expensive or even impossible to identify who was in control of the risk associated with the AI-system or which code or input has ultimately caused the harmful operation;
2020/05/28
Committee: JURI
Amendment 28 #

2020/2014(INL)

Motion for a resolution
Recital E a (new)
Ea. Whereas the diversity of AI applications and the diverse range of risks the technology poses complicates finding a single solution suitable for the entire spectrum of risks; whereas, in this respect, an approach should be adopted in which experiments, pilots and regulatory sandboxes are used to come up with proportional and evidence-based solutions that address specific situations and sectors where needed;
2020/05/28
Committee: JURI
Amendment 36 #

2020/2014(INL)

Motion for a resolution
Recital G a (new)
Ga. whereas the future regulatory framework needs to take into consideration all the interests at stake; whereas careful examination of the consequences of any new regulatory framework on all actors in an impact assessment should be a prerequisite for further legislative steps; whereas the crucial role of SMEs and start-ups especially in the European economy justifies a strictly proportionate approach to enable them to develop and innovate;
2020/05/28
Committee: JURI
Amendment 59 #

2020/2014(INL)

Motion for a resolution
Paragraph 5
5. Believes that there is no need for a complete revision of the well-functioning liability regimes but that the complexity, connectivity, opacity, vulnerability and autonomy of AI-systems, as well as the multitude of actors involved, nevertheless represent a significant challenge; considers that specific adjustments are necessary to avoid a situation in which persons who suffer harm or whose property is damaged end up without compensation;
2020/05/28
Committee: JURI
Amendment 65 #

2020/2014(INL)

Motion for a resolution
Paragraph 6
6. Notes that all physical or virtual activities, devices or processes that are driven by AI-systems may technically be the direct or indirect cause of harm or damage, yet are always the result of someone building, deploying or interfering with the systems; notes in this respect that it is not necessary to give legal personality to AI-systems; is of the opinion that the opacity and autonomy of AI-systems could make it in practice very difficult or even impossible to trace back specific harmful actions of the AI-systems to specific human input or to decisions in the design; recalls that, in accordance with widely- accepted liability concepts, one is nevertheless able to circumvent this obstacle by making the persons who create, maintain or control the risk associated with the AI-system, accountable;
2020/05/28
Committee: JURI
Amendment 69 #

2020/2014(INL)

Motion for a resolution
Paragraph 7
7. Considers that the Product Liability Directive (PLD) has proven to be an effective means of getting compensation for harm triggered by a defective product; hence, notes that it should also be used with regard to civil liability claims against the producer of a defective AI-system, when the AI-system qualifies as a product under that Directive; if lLegislative adjustments to the PLD are necessary, and they should be discussed during a review of that Directive; is of the opinion that, for the purpose of legal certainty throughout the Union, the ‘backend operator’ should fall under the same liability rules as the producer, manufacturer and developer;
2020/05/28
Committee: JURI
Amendment 108 #

2020/2014(INL)

Motion for a resolution
Paragraph 14
14. Believes that an AI-system presents a high risk when its autonomous operation involves a significant potential to cause harm to one or more persons, in a manner that is random and impossible to predict in advancgoes beyond what can reasonably be expected from its intended use; considers that the significance of the potential depends on the interplay between the severity of possible harm, the likelihood that the risk materializes and the manner in which the AI-system is being used;
2020/05/28
Committee: JURI
Amendment 171 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – recital 3
(3) The rise of Artificial intelligence (AI) however presents a significant challenge for the existing liability frameworks. Using AI-systems in our daily life will lead to situations in which their opacity (“black box” element) and the multitude of actors who intervene in their life-cycle makes it extremely expensive or even impossible to identify who was in control of the risk of using the AI-system in question or which code or input has caused the harmful operation. This difficulty is even compounded by the connectivity between an AI-system and other AI-systems and non-AI-systems, by its dependency on external data, by its vulnerability to cybersecurity breaches as well as by the increasing autonomy of AI- systems triggered by machine-learning and deep- learning capabilities. Besides these complex features and potential vulnerabilities, AI-systems could also be used to cause severe harm, such as compromising our values and freedoms by tracking individuals against their will, by introducing Social Credit Systems or by constructing lethal autonomous weapon systems.
2020/05/28
Committee: JURI
Amendment 177 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – recital 4 a (new)
(4a) An adequate liability regime is also necessary to counterweight the breach of safety rules. However, the envisaged liability needs to take into consideration all interests at stake. A careful examination of the consequences of any new regulatory framework on small and medium-sized enterprises (SMEs) and start-ups is a prerequisite for further legislative steps. The crucial role that they play in the European economy justifies a strictly proportionate approach in order to enable them to develop and innovate. On the other hand, the victims of damages caused by AI-systems need to have a right to redress and full compensation of the damages and the harms that they have suffered.
2020/05/28
Committee: JURI
Amendment 188 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – recital 6
(6) Nevertheless, it should always be clear that whoever creates, maintains, controls or interferes with the AI-system, should be accountable for the harm or damage that the activity, device or process causes. This follows from general and widely accepted liability concepts of justice according to which the person that creates a risk for the public is accountable if that risk materializes. Consequently, the rise of AI-systems does not pose a need for a complete revision of liability rules throughout the Union. Specific adjustments of the existing legislation and very fewwell- assessed and targeted new provisions would be sufficient to accommodate the AI-related challenges.
2020/05/28
Committee: JURI
Amendment 260 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 2 – paragraph 1
1. This Regulation applies on the territory of the Union where a physical or virtual activity, device or process driven by an AI-system has caused harm or damage to the life, health, physical integrity or the property ofand property of a natural or legal person or has caused significant immaterial damage to a natural or legal person.
2020/05/28
Committee: JURI
Amendment 290 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 3 – point f
(f) ‘harm or damage’ means an adverse impact affecting the life, health, physical integrity or, property of a natural or legal person, with the exception of non-or causing significant immaterial harm;damage.
2020/05/28
Committee: JURI
Amendment 369 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 7 – paragraph 2 – introductory part
2. Civil liability claims, brought in accordance with Article 4(1), concerning damage to property or significant immaterial damage shall be subject to a special limitation period of:
2020/05/28
Committee: JURI
Amendment 374 #

2020/2014(INL)

Motion for a resolution
Annex I – part B – Article 7 – paragraph 2 – point b
(b) 30 years from the date on which the operation of the high-risk AI-system that subsequently caused the property or significant immaterial damage took place.
2020/05/28
Committee: JURI
Amendment 3 #

2020/2013(INI)

Draft opinion
Paragraph 1
1. Recalls that it follows from Directive (EU) 2018/958AI should be a human-centric technology and that humans must always bear ultimate responsibility for decision-making that involves risks to the achievement of public interest objectives; stresses that machines should not be enabled to harm the physical integrity of human beings nor to confer rights or impose legal obligations on individuals; welcomes international efforts to ban lethal autonomous weapon systems without meaningful human control and calls upon the Commission to be in the lead to support these efforts;
2020/06/05
Committee: IMCO
Amendment 6 #

2020/2013(INI)

Draft opinion
Paragraph 1 a (new)
1a. Believes that the EU should aim to act as a norm-setter for AI in a hyper- connected world by adopting an efficient strategy towards its external partners, fostering its efforts to set global ethical norms for AI at international level in line with European values and fundamental rights; considers that this is also key for the competitiveness of our European companies; calls on the Commission and Member States to cooperate with third countries to avoid their AI systems violating consumer rights and safety;
2020/06/05
Committee: IMCO
Amendment 7 #

2020/2013(INI)

Draft opinion
Paragraph 1 b (new)
1b. Calls on the Commission to increase cooperation at the international level on AI, coordinating work on AI with the OECD and promoting our future EU model on AI on the international scene; believes that the G7 and G20 are also major fora where the EU can play a determining role, as a first step to reaching a global consensus in the UN;
2020/06/05
Committee: IMCO
Amendment 12 #

2020/2013(INI)

Draft opinion
Paragraph 2
2. Notes that in the COVID-19 health crisis, several Member States have launched the development of mobile apps to protect public health by alerting citizens to past contact with someone who has tested positive for the virus; calls for a common EU approach to AI-enabled mobile apps, the development of which must remain under state control, open source-powered approach within the EU that stores data locally and is always voluntarily; stresses that contract tracing mobile apps must strictly respect international human rights, rules on privacy and freedom of association; considers that AI technology should not be used in the apps in order to limit privacy and security risks;
2020/06/05
Committee: IMCO
Amendment 22 #

2020/2013(INI)

Draft opinion
Paragraph 3
3. Recalls that the principle of proportionality needs to be respected and that questions of causality and liability need to be clarified to determine the extent to which the State as an actor in public international law, but also in exercising its own authority, can actually transfer that authority to systems based on AI, which have a certain autonomy, without breaching obligations stemming from international law, such as due process;
2020/06/05
Committee: IMCO
Amendment 26 #

2020/2013(INI)

Draft opinion
Paragraph 4
4. Urges, therefore, the Member States to assess the risks related to AI- driven technologies before automating activities connected with the exercise of State authority, such as the proper administration of justice; calls on the Member States to consider the need to provide for safeguards, foreseen in Directive (EU) 2018/958, such as supervision by a qualified professional and rules on professional ethics;
2020/06/05
Committee: IMCO
Amendment 29 #

2020/2013(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recalls that the first offensive use of weapons based on artificial intelligence have been cyberattacks which directly or indirectly affect EU citizens and companies, with techniques ranging from political hacking to stealing of trade secrets; therefore urges the Member States and the Commission to take those threats seriously and invest heavily to achieve a high level of overall digital literacy, security research and use of open-source technology to reduce dependencies on third-country vendors and strengthen the single market;
2020/06/05
Committee: IMCO
Amendment 32 #

2020/2013(INI)

Draft opinion
Paragraph 4 b (new)
4b. Underlines that self-driving cars, ships and other means of transportation may ultimately operate transnationally and that this can raise new questions of interpretation and application of international law; urges the Commission to engage with international partners on this matter;
2020/06/05
Committee: IMCO
Amendment 33 #

2020/2013(INI)

Draft opinion
Paragraph 4 c (new)
4c. Considers that the development of AI also entails opportunities to improve global market surveillance and address product safety, counterfeiting and consumer protection in a much more effective way and on a large scale;
2020/06/05
Committee: IMCO
Amendment 36 #

2020/2013(INI)

Draft opinion
Paragraph 5
5. Believes that Member States and the Commission should promote AI technologies that work for people; calls on the Member States, in close cooperation with the Commission, to develop AIopen- source applications aimed at automating and facilitating e-government services, for example in the area of tax administration; underlines that explainable algorithms, open data and public source-codes are important to ensure that businesses and consumers benefit from betterinnovative, non- discriminatory and reliable public services at a lower cost all over Europe in a compatible way.
2020/06/05
Committee: IMCO
Amendment 7 #

2020/2012(INL)

Draft opinion
Paragraph 1
1. Underlines the importance of an EU regulatory framework of ethical aspects being applicable where consumers within the Union are users of or subject to an algorithmic system, irrespective of the place of establishment of the entities that develop, sell or employ the system;
2020/05/19
Committee: IMCO
Amendment 8 #

2020/2012(INL)

Draft opinion
Paragraph 1
1. Underlines the importance of an EU regulatory framework being applicable where consumers within the Union are users of or subject todirected towards or targeted by an algorithmic system, irrespective of the place of establishment of the entities that develop, sell or employ the system;
2020/05/19
Committee: IMCO
Amendment 10 #

2020/2012(INL)

Draft opinion
Paragraph 2
2. Notes that the framework should apply to algorithmic systems, including the fields of artificial intelligence, machine learning, deep learning, automated and assisted decision making processes and robotics;
2020/05/19
Committee: IMCO
Amendment 13 #

2020/2012(INL)

Draft opinion
Paragraph 2 a (new)
2a. Believes that the Commission should complete a full review of the existing legislation in order to identify legislative gaps; underlines in that regard the extensive legislation already in force that guarantees for instance that products and services placed on the Union market are safe and do not harm people, respect their privacy and follow stringent environmental rules; calls on the Commission to refrain from adopting a legislative act that would double, overlap or contradict those sector-specific legislations;
2020/05/19
Committee: IMCO
Amendment 15 #

2020/2012(INL)

Draft opinion
Paragraph 2 b (new)
2b. Points out that the legislative framework introduced by Decision No 768/2008/EC1a provides for a harmonised list of obligations for producers, importers and distributors, encourages the use of standards and foresees several levels of control depending on the dangerousness of the product; considers that this framework should also apply to AI imbedded products; __________________ 1aDecision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).
2020/05/19
Committee: IMCO
Amendment 17 #

2020/2012(INL)

Draft opinion
Paragraph 2 c (new)
2c. Considers that for the future legislation to apply, legal obligations need to be very precise and avoid to refer to general principles in order to ensure that they are implementable by economic operators;
2020/05/19
Committee: IMCO
Amendment 18 #

2020/2012(INL)

Draft opinion
Paragraph 2 d (new)
2d. Considers that mandatory rules as regards the regulatory framework of ethical aspects should be limited to practices that would undoubtedly undermine fundamental rights and freedoms;
2020/05/19
Committee: IMCO
Amendment 19 #

2020/2012(INL)

Draft opinion
Paragraph 3
3. Stresses that any future regulation of ethical aspects should follow a differentiated risk-based approach, based on the potential harm for the individual as well as for society at large, taking into account the specific use context of the algorithmic system; legal obligations should gradually increase with the identified risk level; in the lowest risk categoryies there should be no additional legal obligations; algorithmic systems that may harm an individual, impact an individual’s access to resources, or concern their participation in society shall not be deemed to be in the lowest risk category; thisthe risk-based approach should follow clear and transparent rules;
2020/05/19
Committee: IMCO
Amendment 24 #

2020/2012(INL)

Draft opinion
Paragraph 3
3. Stresses that any future regulation should follow a differentiated risk-based approach, based on the potential harm for the individual as well as for society at large, taking into account the specific use context of the algorithmic system; legal obligations should gradualonly increase with the identifiedin accordance with the proven risk level; in the lowest risk category there should be no additional legal obligations; algorithmic systems that may harm an individual, impact an individual’s access to resources, or concern their participation in society shall not be deemed to be in the lowest risk category; this risk-based approach should follow clear and transparent rules;
2020/05/19
Committee: IMCO
Amendment 33 #

2020/2012(INL)

Draft opinion
Paragraph 4
4. Underlines the importance of an ethical and regulatory framework including in particularunlocking large amounts of high quality data to train AI systems; highlights that an ethical regulatory framework should include provisions on the quality of data sets used in algorithmic systems, especiallyfor instance regarding the representativeness of training data used, on the de-biasing of data sets, as well as on the algorithms themselves, and on data and aggregation standards;
2020/05/19
Committee: IMCO
Amendment 34 #

2020/2012(INL)

Draft opinion
Paragraph 4
4. Underlines the importance of an ethical and regulatory framework framework of ethical aspects including in particular provisions on the quality of data sets used in algorithmic systems, especially regarding the representativeness of training data used, on the de-biasing of data sets, as well as on the algorithms themselves, and on data and aggregation standards;
2020/05/19
Committee: IMCO
Amendment 49 #

2020/2012(INL)

Draft opinion
Paragraph 5
5. Believes that consumers should be adequately informed in a timely, impartial, easily-readable, standardised and accessible manner about the existence, process, rationale, reasoning and possible outcome of algorithmic systems, about how to reach a human with decision- making powers, and about how the system’s decisions can be checked, meaningfully contested and corrected;
2020/05/19
Committee: IMCO
Amendment 78 #

2020/2012(INL)

Draft opinion
Paragraph 8
8. Underlines the importance of ensuring that the interests of marginalised and vulnerable consumers and groups, such as persons with disabilities, are adequately taken into account and represented in any future regulatory framework; notes that for the purpose of analysing the impacts of algorithmic systems on consumers, access to data should be extended to appropriate parties notably independent researchers, media and civil society organisations, while fully respecting Union data protection and privacy law; recalls the importance of training and giving basic skills to consumers to deal with algorithmic systems in order to protect them from potential risks and detriment of their rights;
2020/05/19
Committee: IMCO
Amendment 82 #

2020/2012(INL)

Draft opinion
Paragraph 8
8. Underlines the importance of ensuring that the interests of marginalised and vulnerable consumers and groups are adequately taken into account and represented in any future regulatory framework of ethical aspects; notes that for the purpose of analysing the impacts of algorithmic systems on consumers, access to data should be extended to appropriate parties notably independent researchers, media and civil society organisations, while fully respecting Union data protection and privacy law; recalls the importance of training and giving basic skills to consumers to deal with algorithmic systems in order to protect them from potential risks and detriment of their rights;
2020/05/19
Committee: IMCO
Amendment 83 #

2020/2012(INL)

Draft opinion
Paragraph 8
8. Underlines the importance of ensuring that the interests of marginalised and vulnerable consumers and groups are adequately taken into account and represented in any future regulatory framework; notes that for the purpose of analysing the impacts of algorithmic systems on consumers, access to data should be extended to appropriate parties notably independent researchers, media and civil society organisations, while fully respecting Union data protection and privacy law; recalls the importance of training and giving basic skills to consumers toeducating consumers to be more informed when dealing with algorithmic systems in order to protect them from potential risks and detriment ofuphold their rights;
2020/05/19
Committee: IMCO
Amendment 91 #

2020/2012(INL)

Draft opinion
Paragraph 9
9. Underlines the importance of achieving a high-level of overall digital literacy and of training highly skilled professionals in this area ands well as ensuring the mutual recognition of such qualifications across the Union;
2020/05/19
Committee: IMCO
Amendment 103 #

2020/2012(INL)

Draft opinion
Paragraph 10
10. Calls for the Union to establish a European market surveillance structure for algorithmic systemsCommission to promote the exchange of information related to algorithmic systems between market surveillance authorities, and to support the development of a common understanding in the Single Market by issuing guidance, opinions and expertise to Member States’ authorities;
2020/05/19
Committee: IMCO
Amendment 111 #

2020/2012(INL)

Draft opinion
Paragraph 11
11. Notes that it is essential for the software documentation, the algorithms and data sets used to be fully accessible to market surveillance authorities, while respecting Union law and trade secrets; invites the Commission to assess if additional prerogatives should be given to market surveillance authorities in this respect;
2020/05/19
Committee: IMCO
Amendment 123 #

2020/2012(INL)

Draft opinion
Paragraph 13
13. Calls for the establishment ofa strong coordination of Member State’s authorities, for instance through instruments such as a European market surveillance board for algorithmic systems, to ensure a level playing field and to avoid fragmentation of the internal market, to decide with a qualified majority and by secret vote in case of different decisions on algorithmic systems used in more than one Member State, as well as at the request of the majority of the national authorities;
2020/05/19
Committee: IMCO
Amendment 13 #

2020/2006(INL)

Draft opinion
Paragraph 3 a (new)
3 a. emphasises the need to further improve the implementation and enforcement of the EU Timber Regulation to best preserve sustainable trade in imported and domestically produced timber and timber products;
2020/06/30
Committee: INTA
Amendment 15 #

2020/2006(INL)

Draft opinion
Paragraph 3 b (new)
3 b. repeats its demand that imports of timber and timber products should be more thoroughly checked at the EU borders in order to ensure that the imported products do indeed comply with the criteria for entry into the EU; stresses that the Commission needs to ensure that customs controls throughout the EU follow the same standards, by means of a direct unified customs control mechanism, incoordination with Member States and in full compliance with the principle of subsidiarity;
2020/06/30
Committee: INTA
Amendment 17 #

2020/2006(INL)

Draft opinion
Paragraph 3 c (new)
3 c. notes with concern that research continues to affirm a worrying link between zoonotic diseases, such as COVID-19, and deforestation, climate change and biodiversity loss;
2020/06/30
Committee: INTA
Amendment 18 #

2020/2006(INL)

Draft opinion
Paragraph 3 d (new)
3 d. welcomes the EU communication of 23 July 2019 on stepping up EU action to protect andrestore the world’s forests; recalls that sustainable and inclusive forest management and governance is essential to the achievement of the objectives set in the 2030 Agenda for Sustainable Development, the Paris Agreement and the European Green Deal; underlines the importance of measures ensuring that demand is in line with the stated goals, as the EU is a significant importer of commodities associated with deforestation, such as soy, palm oil, eucalyptus, rubber, maize, beef, leather and cocoa, which are often drivers of global deforestation;
2020/06/30
Committee: INTA
Amendment 19 #

2020/2006(INL)

Draft opinion
Paragraph 3 e (new)
3 e. highlights the fact that commodities like cocoa offer an early chance to make progress on such an approach, learning lessons from the FLEGT VPA process;
2020/06/30
Committee: INTA
Amendment 20 #

2020/2006(INL)

Draft opinion
Paragraph 3 f (new)
3 f. believes that the EU needs to ensure that it only promotes global supply chains and financial flows which are sustainable and deforestation-free and which do not result in human rights violations;
2020/06/30
Committee: INTA
Amendment 21 #

2020/2006(INL)

Draft opinion
Paragraph 3 g (new)
3 g. calls on the Commission to base any future proposals regarding forest-risk commodities on lessons learned from the FLEGT Action Plan, the EU Timber Regulation, the Conflict Mineral Regulation, the Non-Financial Reporting Directive, legislation on illegal, unreported and unregulated (IUU) fishing and other EU initiatives to regulate supply chains; takes note with interest of the Commission’s announcement of future proposals on due diligence throughout the supply chain for products to be put on the internal market; calls for the role of civil society, as a crucial source of information on deforestation, to be strengthened; urges the Commission, in developing any such proposals, to ensure that such commodities and products do not cause deforestation, forest degradation, the conversion or degradation of natural ecosystems or related human rights violations, and that they apply to the whole supply chain and cover OECD guidelines on social responsibility and human rights intrade, are WTO compatible, and that after careful assessment the proposals are found to be functional and applicable to all actors on the market, including SMEs;
2020/06/30
Committee: INTA
Amendment 22 #

2020/2006(INL)

Draft opinion
Paragraph 3 h (new)
3 h. underlines the fact that the drivers of deforestation go beyond the forest sector per se and relate to a wide range of issues, such as land tenure, protection of the rights of indigenous people, agricultural policies, climate change, democracy, human rights and political freedom; recalls that indigenous women and women farmers play a central role in protecting forest ecosystems; calls on the Commission to step up its efforts to address deforestation holistically through a coherent policy framework, while ensuring the conservation of ecosystems; believes that gender equality in forestry education is a key point in the sustainable management of forests which should be reflected in the EU Action Plan;
2020/06/30
Committee: INTA
Amendment 23 #

2020/2006(INL)

Draft opinion
Paragraph 3 i (new)
3 i. recalls the importance of respecting the UN’s Guiding Principles on Business and Human Rights; supports the ongoing negotiations to create a binding UN instrument on transnational corporations and other business enterprises with respect to human rights and stresses the importance of the EU being proactively involved in this process;
2020/06/30
Committee: INTA
Amendment 24 #

2020/2006(INL)

Draft opinion
Paragraph 3 j (new)
3 j. calls on the Commission to deliver on its commitment to extend the due diligence obligations provided by the EU Timber Regulation so as to cover conflict timber in the framework of the upcoming review;
2020/06/30
Committee: INTA
Amendment 46 #

2020/2006(INL)

Draft opinion
Paragraph 4 a (new)
4 a. the proposal should ensure that there is legal certainty for all relevant stakeholders on any new EU wide measure and framework relating to the current use of FLEGT VPAs and licencing, in order to secure the interest in investing in deforestation free export to the EU;
2020/06/30
Committee: INTA
Amendment 158 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, web browsers, 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 considered irrespective of the technology used to provide such services. In this sense, virtual or voice activated assistants and other connected devices 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.
2021/07/09
Committee: IMCO
Amendment 180 #

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 to adequately represent 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.
2021/07/09
Committee: IMCO
Amendment 188 #

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.
2021/07/09
Committee: IMCO
Amendment 203 #

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.
2021/07/09
Committee: IMCO
Amendment 207 #

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.
2021/07/09
Committee: IMCO
Amendment 228 #

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.
2021/07/09
Committee: IMCO
Amendment 235 #

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.
2021/07/09
Committee: IMCO
Amendment 253 #

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 may restrict such un-installation when such applications are essential to the functioning of the operating system or the device.
2021/07/09
Committee: IMCO
Amendment 270 #

2020/0374(COD)

Proposal for a regulation
Recital 48 a (new)
(48 a) Gatekeepers can offer software applications or services which may be used on, or in conjunction with, a core platform service, 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.
2021/07/09
Committee: IMCO
Amendment 313 #

2020/0374(COD)

Proposal for a regulation
Recital 58
(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.
2021/07/09
Committee: IMCO
Amendment 331 #

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.
2021/07/09
Committee: IMCO
Amendment 336 #

2020/0374(COD)

Proposal for a regulation
Recital 63
(63) Following a market investigation, an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. It should then, in principle, comply with all of the relevant obligations laid down by this Regulation which are appropriate and necessary to guarantee contestability. However, for gatekeepers that have been designated by the Commission as likely to enjoy an entrenched and durable position in the near future, the Commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. With respect to such emerging gatekeepers, the Commission should take into account that this status is in principle of a temporary nature, and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position, or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived.
2021/07/09
Committee: IMCO
Amendment 340 #

2020/0374(COD)

Proposal for a regulation
Recital 64
(64) The Commission should investigate and assess whether additional behavioural, or, where appropriate, structural remedies are justified, in order to ensure that the gatekeeper cannot frustrate the objectives of this Regulation by systematic non- compliance with one or several of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the case if the gatekeeper’s size in the internal market has further increased, economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of its position. The Commission should therefore in such cases have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. Structural remedies, such as legal, functional or structural separation, including the divestiture of a business, or parts of it, should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. Changes to the structure of an undertaking as it existed before the systematic non- compliance was established would only be proportionate where there is a substantial risk that this systematic non- compliance results from the very structure of the undertaking concerned. The Commission should be able to impose interim measures at any time during proceedings to prevent serious or immediate damages for business users or end users.
2021/07/09
Committee: IMCO
Amendment 343 #

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.
2021/07/09
Committee: IMCO
Amendment 351 #

2020/0374(COD)

Proposal for a regulation
Recital 67 a (new)
(67 a) The Commission shall, 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.
2021/07/09
Committee: IMCO
Amendment 361 #

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.
2021/07/09
Committee: IMCO
Amendment 368 #

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.
2021/07/09
Committee: IMCO
Amendment 372 #

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.
2021/07/09
Committee: IMCO
Amendment 379 #

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.
2021/07/09
Committee: IMCO
Amendment 381 #

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.
2021/07/09
Committee: IMCO
Amendment 391 #

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.
2021/07/09
Committee: IMCO
Amendment 392 #

2020/0374(COD)

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 outlined 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.
2021/07/09
Committee: IMCO
Amendment 399 #

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.
2021/07/09
Committee: IMCO
Amendment 411 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 7
7. National authorities shall not take decisions which would run counter to a decision adopted by the Commission under this Regulation. The Commission and Member States shall work in close cooperation and coordination in their enforcement actions on the basis of the principles and rules established in Article 32a.
2021/07/09
Committee: IMCO
Amendment 422 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
(g) cloud computing services, except if those services are used by business users as underlying facilities for the purposes of developing and deploying their own solutions;
2021/07/09
Committee: IMCO
Amendment 433 #
2021/07/09
Committee: IMCO
Amendment 437 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
(h b) virtual assistants;
2021/07/09
Committee: IMCO
Amendment 442 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘Virtual assistant’ means software that can perform tasks or services for end- users based on commands or questions;
2021/07/09
Committee: IMCO
Amendment 443 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
(3 b) ‘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;
2021/07/09
Committee: IMCO
Amendment 445 #

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;
2021/07/09
Committee: IMCO
Amendment 526 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within threewo months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).
2021/07/09
Committee: IMCO
Amendment 572 #

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.
2021/07/09
Committee: IMCO
Amendment 574 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 withiand shall notify the Commission of the details of its compliance with those obligations as soon as possible, and in any case no later than six months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
2021/07/09
Committee: IMCO
Amendment 584 #

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.
2021/07/09
Committee: IMCO
Amendment 623 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to or communicate with end users acquired via the core platform service, within or outside the core platform service, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper, unless the gatekeeper can demonstrate that such access bypasses the security measures of the gatekeeper's core platform service;
2021/07/09
Committee: IMCO
Amendment 673 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide individual advertisers and publishers to which it supplies advertising services, upon their request, with information concerningon the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries, the price paid by the advertiser and publisher, 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.
2021/07/09
Committee: IMCO
Amendment 723 #

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, and delete the accompanying collected and stored data, on its core platform service 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;
2021/07/09
Committee: IMCO
Amendment 733 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) allow 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 or undermine the protection of user safety and data protection, provided that such measures are duly justified and proportionate;
2021/07/09
Committee: IMCO
Amendment 746 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) refrain from treatingharming competition by embedding or treating, in an unjustified, abusive or harmful manner, more favourably in ranking 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;
2021/07/09
Committee: IMCO
Amendment 762 #

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 of the gatekeeper, including as regards the choice of Internet access provider for end users, or using its virtual assistant;
2021/07/09
Committee: IMCO
Amendment 769 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business users, end-users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services. The gatekeeper shall not be prevented from taking justified, non-discriminatory and proportionate measures to ensure that third party ancillary services do not endanger user safety, data protection, or the functionality and integrity of the operating system or hardware;
2021/07/09
Committee: IMCO
Amendment 786 #

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 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 for by the gatekeepers;
2021/07/09
Committee: IMCO
Amendment 805 #

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 orand non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services 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 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; ;
2021/07/09
Committee: IMCO
Amendment 822 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) 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.
2021/07/09
Committee: IMCO
Amendment 854 #

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.
2021/07/09
Committee: IMCO
Amendment 861 #

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.
2021/07/09
Committee: IMCO
Amendment 863 #

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.
2021/07/09
Committee: IMCO
Amendment 872 #

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.
2021/07/09
Committee: IMCO
Amendment 882 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. A gatekeeper may request the opening of proceedings pursuant to Article 18 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 may, with 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.deleted
2021/07/09
Committee: IMCO
Amendment 890 #

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.
2021/07/09
Committee: IMCO
Amendment 899 #

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.
2021/07/09
Committee: IMCO
Amendment 902 #

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.
2021/07/09
Committee: IMCO
Amendment 911 #

2020/0374(COD)

Proposal for a regulation
Article 9 – 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.
2021/07/09
Committee: IMCO
Amendment 919 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. 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.
2021/07/09
Committee: IMCO
Amendment 927 #

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
2021/07/09
Committee: IMCO
Amendment 936 #

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.
2021/07/09
Committee: IMCO
Amendment 947 #

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.
2021/07/09
Committee: IMCO
Amendment 986 #

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).
2021/07/09
Committee: IMCO
Amendment 994 #

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.
2021/07/09
Committee: IMCO
Amendment 1005 #

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.
2021/07/09
Committee: IMCO
Amendment 1028 #

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.
2021/07/09
Committee: IMCO
Amendment 1044 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
(ba) 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.
2021/07/09
Committee: IMCO
Amendment 1056 #

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.
2021/07/09
Committee: IMCO
Amendment 1057 #

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, 16, 17, 25 and 26, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.
2021/07/09
Committee: IMCO
Amendment 1064 #

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 as defined in point 2 of Article 2 may, by means of a complaint, report to the competent national competition authorities any practice or behaviour by gatekeepers that falls into the scope of this Regulation, including non-compliance. The competent national competition authorities shall assess these complaints and report relevant cases to the Commission under the procedure provided for in Article 32a. 2. The Commission shall define the conditions under which the reports referred to in paragraph 1 shall be submitted to it. 3. The Commission shall have the power to set its priorities for the task of examining the reports referred to paragraph 1. Subject to this paragraph and to Article 33, the Commission may decide not to examine a report if it deems that such report is not an enforcement priority. 4. When the Commission considers a report to be an enforcement priority, it may open proceedings pursuant to Article 18 or a market investigation pursuant to Article 14.
2021/07/09
Committee: IMCO
Amendment 1067 #

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.
2021/07/09
Committee: IMCO
Amendment 1069 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2 a (new)
2a. 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.
2021/07/09
Committee: IMCO
Amendment 1070 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2 b (new)
2b. A decision referred to in paragraph 1 may only be adopted in the context of a market investigation pursuant to Article 17 and within 6 months of the opening of such an investigation. The interim measures shall apply for a specified period of time and, in any case, shall be replaced by any new obligations that may arise under the final decision resulting from the market investigation pursuant to Article 17.
2021/07/09
Committee: IMCO
Amendment 1074 #

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.
2021/07/09
Committee: IMCO
Amendment 1089 #

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.
2021/07/09
Committee: IMCO
Amendment 1145 #

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.
2021/07/09
Committee: IMCO
Amendment 1149 #

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.
2021/07/09
Committee: IMCO
Amendment 1154 #

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 wiat 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 thian four months examine whether there are reasonable grounds to open such an investigation.
2021/07/09
Committee: IMCO
Amendment 1183 #

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:
2021/07/09
Committee: IMCO
Amendment 1192 #

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.
2021/07/09
Committee: IMCO
Amendment 101 #

2020/0365(COD)

Proposal for a directive
Recital 1
(1) Council Directive 2008/114/EC17 provides for a procedure for designating European critical infrastructures in the energy and transport sectors, the disruption or destruction of which would have significant cross-border impact on at least two Member States. That Directive focused exclusively on the protection of such infrastructures. However, the evaluation of Directive 2008/114/EC conducted in 201918 found that due to the increasingly interconnected and cross-border nature of operations using critical infrastructure, protective measures relating to individual assets alone are insufficient to prevent all disruptions from taking place. Therefore, it is necessary to shift the approach towards ensuring the resilience of critical entities, that is, their ability to mitigate, absorb, accommodate to and recover from incidents that have the potential to disrupt the operations of the critical entity and the functioning of the internal market. __________________ 17Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p.75). 18 SWD(2019) 308.
2021/06/01
Committee: IMCO
Amendment 105 #

2020/0365(COD)

Proposal for a directive
Recital 4
(4) The entities involved in the provision of essential services are increasingly subject to diverging requirements imposed under the laws of the Member States. The fact that some Member States have less stringent security requirements on these entities not only riskcreates heterogeneous levels of resilience across Member States impacting negatively on the maintenance of vital societal functions or economic activities across the Union, it also leads to obstacles to a level playing field and the proper functioning of the internal market. Similar types of entities are considered as critical in some Member States but not in others, and those which are identified as critical are subject to divergent requirements in different Member States. This results in additional and unnecessary administrative burdens for companies operating across borders, notably for companies active in Member States with more stringent requirements.
2021/06/01
Committee: IMCO
Amendment 110 #

2020/0365(COD)

Proposal for a directive
Recital 8
(8) Given the importance of cybersecurity for the resilience of critical entities and in the interest of consistency, a coherent approach between this Directive and Directive (EU) XX/YY of the European Parliament and of the Council20 [Proposed Directive on measures for a high common level of cybersecurity across the Union; (hereafter “NIS 2 Directive”)] is necessary wherever possible. In view of the higher frequency and particular characteristics of cyber risks, the NIS 2 Directive imposes comprehensive requirements on a large set of entities to ensure their cybersecurity. Given that cybersecurity is addressed sufficiently in the NIS 2 Directive, the matters covered by it should be excluded from the scope of this Directive, without prejudice to the particular regime for entities in the digital infrastructure sector. As a result, the supervision of entities identified as critical or equivalent to critical under this Directive, in matters that fall under the scope of the NIS2 Directive, will be a responsibility of the competent authorities designated under the NIS 2 Directive. __________________ 20[Reference to NIS 2 Directive, once adopted.]
2021/06/01
Committee: IMCO
Amendment 114 #

2020/0365(COD)

Proposal for a directive
Recital 12 a (new)
(12a) The Commission should provide detailed guidelines to support Member States in identifying critical entities for each national sector and subsector referred to in the Annex and to avoid the risk of a heterogeneous implementation of the Directive.
2021/06/01
Committee: IMCO
Amendment 124 #

2020/0365(COD)

Proposal for a directive
Article 1 – paragraph 1 – introductory part
1. This Directive lays down measures with a view to achieve a high level of resilience of critical entities within the Union in order to ensure an effective provision of essential services and to improve the functioning of the internal market. To that end, this Directive:
2021/06/01
Committee: IMCO
Amendment 129 #

2020/0365(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
(2) “resilience” means the ability to prevent, resist, manage, mitigate, absorb, accommodate to and recover from an incident that disrupts or has the potential to disrupt the operations of a critical entity;
2021/06/01
Committee: IMCO
Amendment 136 #

2020/0365(COD)

Proposal for a directive
Article 3 – paragraph 2 – point a
(a) strategic objectives and priorities for the purposes of enhancing the overall resilience of critical entities taking into account cross-border and cross-sectoral interdependencies and the connections in the supply chains;
2021/06/01
Committee: IMCO
Amendment 137 #

2020/0365(COD)

Proposal for a directive
Article 3 – paragraph 2 – point c
(c) a description of measures necessary to enhance the overall resilience of critical entities, including a national risk assessment, the identification of critical entities and of entities equivalent to critical entities, and the measures to support critical entities taken in accordance with this Chapter including measures to enhance cooperation between the public and private entities;
2021/06/01
Committee: IMCO
Amendment 138 #

2020/0365(COD)

Proposal for a directive
Article 3 – paragraph 2 – point d a (new)
(da) a policy framework addressing specific needs of SMEs in complying with obligations set by this Directive in relation to guidance and support in improving their resilience to non-cybersecurity threats and incentivising the adoption of necessary measures;
2021/06/01
Committee: IMCO
Amendment 142 #

2020/0365(COD)

Proposal for a directive
Article 4 – paragraph 2 – point c
(c) any risks arising from the dependencies between the sectors referred to in the Annex, including from other Member States and third countries, and the impact that a disruption in one sector may have on other sectors and the internal market;
2021/06/01
Committee: IMCO
Amendment 143 #

2020/0365(COD)

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
For the purposes of point (c) of the first subparagraph, Member States shall closely cooperate with the Commission and the competent authorities of other Member States and third countries, as appropriate.
2021/06/01
Committee: IMCO
Amendment 145 #

2020/0365(COD)

Proposal for a directive
Article 4 – paragraph 5
5. The Commission mayshall, in cooperation with the Member States, develop a voluntary common reporting template for the purposes of complying with paragraph 4.
2021/06/01
Committee: IMCO
Amendment 148 #

2020/0365(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 a (new)
The Commission shall provide detailed guidelines to support Member States in identifying critical entities for each sector, subsector and types of entities referred to in the Annex.
2021/06/01
Committee: IMCO
Amendment 150 #

2020/0365(COD)

Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 a (new)
When establishing the list of critical entities under this Directive, Member States shall develop a coherent approach in relation to the NIS 2 Directive, taking into account its scope. Member States shall ensure that essential entities falling in Annex I of the NIS 2 Directive, but that are not identified as critical entities under this Directive, enhance, where appropriate, the resilience of their essential services to non-cybersecurity attacks, threats or incidents.
2021/06/01
Committee: IMCO
Amendment 152 #

2020/0365(COD)

Proposal for a directive
Article 5 – paragraph 6
6. For the purposes of Chapter IV, Member States shall ensure that critical entities, following the notification referred in paragraph 3, provide information to their competent authorities designated pursuant to Article 8 of this Directive on whether they provide essential services to or in more than one third ofthree Member States. Where that is so, the Member State concerned shall notify, without undue delay, to the Commission the identity of those critical entities.
2021/06/01
Committee: IMCO
Amendment 155 #

2020/0365(COD)

Proposal for a directive
Article 6 – paragraph 1 – point e
(e) the geographic area that could be affected by an incident, including any cross-border and cross-sector impacts;
2021/06/01
Committee: IMCO
Amendment 157 #

2020/0365(COD)

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
(ba) the geographical coverage of the services provided by the critical entities in each sector, including information on any cross-border impacts;
2021/06/01
Committee: IMCO
Amendment 160 #

2020/0365(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall support critical entities in enhancing their resilience. That support may include developing guidelines and guidance materials and methodologies, supporting the organisation of exercises to test their resilience and providing periodic training to personnel of critical entities.
2021/06/01
Committee: IMCO
Amendment 167 #

2020/0365(COD)

Proposal for a directive
Article 11 – paragraph 1 – point f
(f) raise awareness about the measures referred to in points (a) to (e) among relevant personnel also through training.
2021/06/01
Committee: IMCO
Amendment 175 #

2020/0365(COD)

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 a (new)
If the incident has, or may have, a significant impact on critical entities or the continuity of the provision of essential services in more than three Member States, critical entities of particular European significance shall additionally notify such incidents to the Commission. The Commission shall inform the Critical Entities Resilience Group of any such notifications without undue delay. The Commission and the Critical Entities Resilience Group shall, in accordance with Union law, treat the information in a way that respects its confidentiality and protects the security and commercial interest of the critical entity concerned.
2021/06/01
Committee: IMCO
Amendment 180 #

2020/0365(COD)

Proposal for a directive
Article 13 – paragraph 2 – point c a (new)
(ca) the impact on the functioning of the internal market
2021/06/01
Committee: IMCO
Amendment 183 #

2020/0365(COD)

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1 a (new)
The competent authority shall inform the public of the incident where it determines that it would be in the public interest to do so. The competent authority shall ensure that critical entities inform users of their services that could be affected by the incident and where relevant, of any possible safety measures or remedies.
2021/06/01
Committee: IMCO
Amendment 185 #

2020/0365(COD)

Proposal for a directive
Article 14 – paragraph 2
2. An entity shall be considered a critical entity of particular European significance when it has been identified as a critical entity and it provides essential services to or in more than one third ofthree Member States and has been notified as such to the Commission pursuant to Article 5(1) and (6), respectively.
2021/06/01
Committee: IMCO
Amendment 191 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
The Critical Entities Resilience Group shall be composed of representatives of the Member States and the Commission. Where relevant for the performance of its tasks, the Critical Entities Resilience Group may invite representatives of interested parties and stakeholders to participate in its work.
2021/06/01
Committee: IMCO
Amendment 192 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 3 – point a
(a) supporting the Commission in assisting Member States in reinforcing their capacity to contribute to ensuring the resilience of critical entities in accordance with this Directive and promoting its uniform implementation in the Member States;
2021/06/01
Committee: IMCO
Amendment 193 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 3 – point b
(b) evaluating the national strategies on the resilience of critical entities referred to in Article 3, the Member States preparedness and identifying best practices in respect of those strategies;
2021/06/01
Committee: IMCO
Amendment 194 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 3 – point b a (new)
(ba) exchanging information on political priorities and key challenges relating to the resilience of critical entities;
2021/06/01
Committee: IMCO
Amendment 195 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 3 – point c
(c) facilitating the exchange of information and best practices with regard to the identification of critical entities by the Member States in accordance with Article 5, including in relation to cross- border dependencies and regarding risks and incidents;
2021/06/01
Committee: IMCO
Amendment 196 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 3 – point h a (new)
(ha) promoting and supporting coordinated risk assessments and joint actions among critical entities;
2021/06/01
Committee: IMCO
Amendment 199 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 7
7. The Commission shall provide to the Critical Entities Resilience Group a summary report of the information provided by the Member States pursuant to Articles 3(3) and 4(4) by [three years and six months after entry into force of this Directive] and subsequently where necessary and at least every four years. The Commission shall regularly publish a summary report of the activities of the Critical Entities Resilience Group.
2021/06/01
Committee: IMCO
Amendment 194 #

2020/0361(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) As Party to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), provisions of the Convention are integral part of the Union legal order and binding upon the Union and its Member States. The UN CRPD requires its Parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas. General Comment No2 to the UN CRPD further states that “The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity.” Given the ever-growing importance of digital services and platforms in private and public life, in line with the obligations enshrined in the UN CRPD, the EU must ensure a regulatory framework for digital services which protects rights of all recipients of services, including persons with disabilities.
2021/07/08
Committee: IMCO
Amendment 199 #

2020/0361(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) Given the cross-border nature of the services at stake, Union action to harmonise accessibility requirements for intermediary services across the internal market is vital to avoid market fragmentation and ensure that equal right to access and choice of those services by all consumers and other recipients of services, including by persons with disabilities, is protected throughout the Union. Lack of harmonised accessibility requirements for digital services and platforms will also create barriers for the implementation of existing Union legislation on accessibility, as many of the services falling under those laws will rely on intermediary services to reach end- users. Therefore, accessibility requirements for intermediary services, including their user interfaces, must be consistent with existing Union accessibility legislation, such as the European Accessibility Act and the Web Accessibility Directive, so that no one is left behind as result of digital innovation. This aim is in line with the Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.
2021/07/08
Committee: IMCO
Amendment 201 #

2020/0361(COD)

Proposal for a regulation
Recital 5 b (new)
(5b) The notions of ‘access’ or ‘accessibility’ are often referred to with the meaning of affordability (financial access), availability, or in relation to access to data, use of network, etc. It is important to distinguish these from ‘accessibility for persons with disabilities’ which means that services, technologies and products are perceivable, operable, understandable and robust for persons with disabilities.
2021/07/08
Committee: IMCO
Amendment 204 #

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 and direct services at and in the Union, as evidenced by a substantial connection to the Union.
2021/07/08
Committee: IMCO
Amendment 214 #

2020/0361(COD)

Proposal for a regulation
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, among others, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. To assist Member States and providers, the Commission should provide guidelines as to how to interpret the interaction between different Union acts and how to prevent any duplication of requirements on providers or potential conflicts in the interpretation of similar requirements. __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
2021/07/08
Committee: IMCO
Amendment 219 #

2020/0361(COD)

Proposal for a regulation
Recital 10
(10) For reasons of clarity, it should also be specified that this Regulation is without prejudice to Regulation (EU) 2019/1148 of the European Parliament and of the Council30 and Regulation (EU) 2019/1150 of the European Parliament and of the Council,31 , Directive 2002/58/EC of the European Parliament and of the Council32 and Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC33 as well as Union law on consumer protection, in particular Directive 2005/29/EC of the European Parliament and of the Council34 , Directive 2011/83/EU of the European Parliament and of the Council.35 Directive (EU) 2019/882 of the European Parliament and of the Council, and Directive 93/13/EEC of the European Parliament and of the Council36 , as amended by Directive (EU) 2019/2161 of the European Parliament and of the Council37 , and on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council.38 The protection of individuals with regard to the processing of personal data is solely governed by the rules of Union law on that subject, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. This Regulation is also without prejudice to the rules of Union law on working conditions. __________________ 30Regulation (EU) 2019/1148 of the European Parliament and of the Council on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 (OJ L 186, 11.7.2019, p. 1). 31 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 32Directive 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. 33Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC. 34Directive 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’) 35Directive 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. 36Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. 37Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules 38Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
2021/07/08
Committee: IMCO
Amendment 227 #

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 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.
2021/07/08
Committee: IMCO
Amendment 242 #

2020/0361(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) Additionally in order to avoid imposing obligations simultaneously on two providers for the same content, a hosting service should only be deemed an online platform when it has a direct relationship with the recipient of the service. A hosting provider who is acting as the infrastructure for an online platform should not be considered as an online platform based on this relationship, where it implements the decisions of the online platform and its user indirectly.
2021/07/08
Committee: IMCO
Amendment 243 #

2020/0361(COD)

Proposal for a regulation
Recital 13 b (new)
(13b) For the purpose of this Regulation, a cloud computing service should not considered as an ‘online platform’ where allowing the dissemination of hyperlinks to a specific content is a minor and ancillary feature. Moreover a cloud computing service when serving as infrastructure, for example as the underlining infrastructural storage and computing services of an internet- based application or online platform, should not in itself be seen as disseminating to the public information stored or processed at the request of a recipient of an application or online platform which it hosts.
2021/07/08
Committee: IMCO
Amendment 248 #

2020/0361(COD)

Proposal for a regulation
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outsideing within the scope of this Regulation should not be seen as disseminating 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. Where multiple providers are involved in the dissemination of an information to the public, the obligations related to that disseminated should lay with the outward facing provider closest in relations to the accessibility by the end user recipient of the final service __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
2021/07/08
Committee: IMCO
Amendment 262 #

2020/0361(COD)

Proposal for a regulation
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. The mere ranking or displaying in an order, or the use of a recommender system should not, however, be deemed as having control over an information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
2021/07/08
Committee: IMCO
Amendment 269 #

2020/0361(COD)

Proposal for a regulation
Recital 21
(21) A provider should be able to benefit from the exemptions from liability for ‘mere conduit’ and for ‘caching’ services when it is in no way involved with the information transmitted. This requires, among other things, that the provider does not modify the information that it transmits. However, this requirement should not be understood to cover manipulations of a technical nature which take place in the course of the transmission, as such manipulations do not alter the integrity of the information transmitted. It also should not be understood to cover the ranking or sorting of information to make it accessible to a user or actions required to ensure the security of the transmissions.
2021/07/08
Committee: IMCO
Amendment 273 #

2020/0361(COD)

Proposal for a regulation
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content. As long as providers act upon obtaining actual knowledge, providers should maintain the exemptions from liability referred to in article 3, 4, and 5, even when under taking voluntary own-initiative investigations or actions in line with Article 27.
2021/07/08
Committee: IMCO
Amendment 285 #

2020/0361(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online marketplaces which are online platforms that allow consumers to conclude distance contracts with traders on the online platform itself, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platformmarketplaces present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. This may include the storage, packing and shipment of a good from a warehouse under the control of the online marketplace. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well- informed consumer.
2021/07/08
Committee: IMCO
Amendment 298 #

2020/0361(COD)

Proposal for a regulation
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. Similarly, measures taken to enforce a provider's terms and conditions should not lead to the unavailability of the exemptions. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken in order to detect, identify and act against illegal content on a voluntary basis or to enforce a provider's terms and conditions and the transparency reporting related to those actions should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
2021/07/08
Committee: IMCO
Amendment 309 #

2020/0361(COD)

Proposal for a regulation
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be and among others, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, Virtual Private Networks, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
2021/07/08
Committee: IMCO
Amendment 311 #

2020/0361(COD)

Proposal for a regulation
Recital 27 a (new)
(27a) A single webpage or website may include elements that qualify differently between ‘mere conduit’, ‘caching’ or hosting services and the rules for exemptions from liability should apply to each accordingly. For example, a search engine may act solely as a ‘caching’ service as to information included in the results of an inquiry. Elements displayed alongside those results, such as online advertisements, would however still meet the standard of a hosting service.
2021/07/08
Committee: IMCO
Amendment 312 #

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, where set down in Union acts and, in particular, does not affect orders by national authorities in accordance with national legislation that implements Union acts, in accordance with the conditions established in this Regulation and other Union law regarded as lex specialis. 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. Equally, nothing in this Regulation should prevent providers from enacting end-to-end encrypting of their services.
2021/07/08
Committee: IMCO
Amendment 324 #

2020/0361(COD)

Proposal for a regulation
Recital 29
(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the effective processing of those orders.
2021/07/08
Committee: IMCO
Amendment 327 #

2020/0361(COD)

Proposal for a regulation
Recital 30
(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information. Nevertheless, the same relevant protections for providers and users granted in the Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online] should be provided here in order to ensure equivalent rules and protections for all types of content and information covered by such orders. This includes the ability of a provider to challenge an order before its Digital Services Coordinator of establishment and to seek a decision as to the effect to be given to the order. Digital Services Coordinator of establishment should be able to take a decision to suspend or limit the application of the order, where it views it as in conflict with Union or its national law.
2021/07/08
Committee: IMCO
Amendment 338 #

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 as defined in 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. Article 3 of Directive 200/31/EC, however, continues to apply to any other orders related to non-specific individual items of illegal or legal content or information, general orders related to geoblocking of whole websites, webpages, or domains and any other matter which could be seen as restricting the freedom to provide their service across border.
2021/07/08
Committee: IMCO
Amendment 351 #

2020/0361(COD)

Proposal for a regulation
Recital 35
(35) In that regard, it is important that the due diligence obligations are adapted to the type and nature of the intermediary service concerned. This Regulation therefore sets out basic obligations applicable to all providers of intermediary services, as well as additional obligations for providers of hosting services and, more specifically, online platforms and very large online platforms. To the extent that providers of intermediary services may fall within those different categories in view of the nature of their services and their size, they should comply with all of the corresponding obligations of this Regulation in relations to those services. Services that do not fall within those different categories should not be effected, even when provided by the same provider or under the same ownership structure. Those harmonised due diligence obligations, which should be reasonable and non-arbitrary, are needed to achieve the identified public policy concerns, such as safeguarding the legitimate interests of the recipients of the service, addressing illegal practices and protecting fundamental rights online.
2021/07/08
Committee: IMCO
Amendment 354 #

2020/0361(COD)

Proposal for a regulation
Recital 35 a (new)
(35a) Similarly, in order to ensure that the obligations are only applied to those providers of intermediary services where the benefit would outweigh the burden on the provider, the Commission should be empowered to issue a waiver to the requirements of Chapter III, in whole or in parts, to those providers of intermediary services that are non-for- profit or equivalent and serve a manifestly positive role in the public interest, or are SMEs without any systemic risk related to illegal content. The providers should present justified reasons for why they should be issued a waiver. The Commission should examine such an application and has the authority to issue or revoke a waiver at any time. The Commission should maintain a public list of all waiver issued and their conditions containing a description on why the provider is justified a waiver.
2021/07/08
Committee: IMCO
Amendment 355 #

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 maybe 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 .
2021/07/08
Committee: IMCO
Amendment 359 #

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 chooses not to do not, it becomes subject to the jurisdiction of all Member States, in accordance with Article 40(3).
2021/07/08
Committee: IMCO
Amendment 363 #

2020/0361(COD)

Proposal for a regulation
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. At the same time, recipients should enter into such agreements willingly without any misleading or coercive tactics and therefore a ban on dark patterns should be introduced.
2021/07/08
Committee: IMCO
Amendment 368 #

2020/0361(COD)

Proposal for a regulation
Recital 38 a (new)
(38a) While an additional requirement should apply to very large online platform, all providers should do a general self-assessment of potential risk related to their services, especially in relations with minors and should take voluntary mitigation measures where appropriate. In order to ensure that the provider undertakes these actions, Digital Services Coordinators may ask for proof.
2021/07/08
Committee: IMCO
Amendment 369 #

2020/0361(COD)

Proposal for a regulation
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40 which do not also qualify as very large online platforms. In any public versions of such reports, providers of intermediary services should remove any information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions. __________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2021/07/08
Committee: IMCO
Amendment 383 #

2020/0361(COD)

Proposal for a regulation
Recital 40 a (new)
(40a) Nevertheless, notices should be directed to the actor that has the technical and operational ability to act and the closest relationship to the recipient of the service that provided the information or content, such as to an online platform and not to the hosting service provider on which provides services to that online platform. Such hosting service providers should redirect such notices to the particular online platform and inform the notifying party of this fact.
2021/07/08
Committee: IMCO
Amendment 384 #

2020/0361(COD)

Proposal for a regulation
Recital 40 b (new)
(40b) Moreover, hosting providers should seek to act only against the items of information notified. This may include acts such as disabling hyperlinking to the items of information. Where the removal or disabling of access to individual items of information is technically or operationally unachievable due to legal, contractual, or technological reasons, such as encrypted file and data storage and sharing services, hosting providers should inform the recipient of the service of the notification and seek action. If a recipient fails to act or delays action, or the provider has reason to believe has failed to act or otherwise acts in bad faith, the hosting provider may suspend their service in line with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 387 #

2020/0361(COD)

Proposal for a regulation
Recital 41 a (new)
(41a) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, either because it is illegal or is not allowed under its terms and conditions, it should do so in a timely manner, taking into account the potential harm the infraction and the technical abilities of the provider. Information that could have a negative effect on minors, women and vulnerable users such as those with protected characteristics under Article 21 of the Charter should be seen as a matter requiring urgency.
2021/07/08
Committee: IMCO
Amendment 388 #

2020/0361(COD)

Proposal for a regulation
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that have been proven to be efficient, proportionate and reliable, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress. Such an statement, however, should not be required if it relates to spam, manifestly illegal content, removal of content similar or identical to content already removed from the same recipient who has already received a statement or where a provider of hosting service does not have the information necessary to inform the recipient by a durable medium.
2021/07/08
Committee: IMCO
Amendment 404 #

2020/0361(COD)

Proposal for a regulation
Recital 44
(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. In addition, provision should be made for the possibility of entering, in good faith, an out-of-court dispute settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint-handling systems, by certified bodies located in either the Member State of the recipient or the provider and that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effective manner. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.
2021/07/08
Committee: IMCO
Amendment 412 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should normally only be awarded to non-governmental entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities, however, can be public in nature for actions not related to intellectual property rights, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, non- governmental organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
2021/07/08
Committee: IMCO
Amendment 422 #

2020/0361(COD)

Proposal for a regulation
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and, proportionate and effective safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
2021/07/08
Committee: IMCO
Amendment 426 #

2020/0361(COD)

Proposal for a regulation
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a an imminent threat to the life or safety of person, notably when it concerns vulnerable users, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing upon request all relevant information available to it, including where relevant the content in question and an explanation of its suspicion and unless instructed otherwise, should remove or disable the content. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
2021/07/08
Committee: IMCO
Amendment 435 #

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 platform, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platformmarketplaces should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary and no longer than six months after the end of a relationship with the trader, 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 direct interest, including through the orders to provide information referred to in this Regulation.
2021/07/08
Committee: IMCO
Amendment 448 #

2020/0361(COD)

Proposal for a regulation
Recital 50 a (new)
(50a) The online interface of online marketplace should allow traders to provide the information referred to in Article 22a of this Regulation and any other information where needed and necessary to allow for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. Providers of online marketplaces, when they become aware that a product or services is illegal, should inform recipients who have acquired the product or services through their marketplace of this fact and any possible redress.
2021/07/08
Committee: IMCO
Amendment 456 #

2020/0361(COD)

Proposal for a regulation
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
2021/07/08
Committee: IMCO
Amendment 470 #

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 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.
2021/07/08
Committee: IMCO
Amendment 477 #

2020/0361(COD)

Proposal for a regulation
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition or misuse the way platforms' terms and conditions, including content moderation policies, are enforced, often through automatic means. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, fundamental rights, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 482 #

2020/0361(COD)

Proposal for a regulation
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditionprevent the manipulation and exploitation of the service, including by the amplification of content which is counter to their terms and conditions, adapting their decision-making processes, or adapting their terms and conditions and content moderation policies and how those policies are enforced, while being fully transparent to the users. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources, including by displaying related public service advertisements instead of other commercial advertisements. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
2021/07/08
Committee: IMCO
Amendment 499 #

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.
2021/07/08
Committee: IMCO
Amendment 504 #

2020/0361(COD)

Proposal for a regulation
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, which mean the conditions set down in this Regulation. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
2021/07/08
Committee: IMCO
Amendment 511 #

2020/0361(COD)

Proposal for a regulation
Recital 66
(66) To facilitate the effective and consistent application of the obligations in this Regulation that may require implementation through technological means, it is important to promote voluntary industry standards covering certain technical procedures, where the industry can help develop standardised means to comply with this Regulation, such as allowing the submission of notices, including through application programming interfaces, or about the interoperability of advertisement repositories. Such standards could in particular be useful for relatively small providers of intermediary services. The standards could distinguish between different types of illegal content or different types of intermediary services, as appropriate. However, where no voluntary industry standard is agreed and the Commission finds that the application of this Regulation by providers is significantly divergent, the Commission should be empowered to adopt delegated acts where needed until a voluntary industry standard is agreed.
2021/07/08
Committee: IMCO
Amendment 528 #

2020/0361(COD)

Proposal for a regulation
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, since the Commission willhas issued guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan in May 2021.
2021/07/08
Committee: IMCO
Amendment 541 #

2020/0361(COD)

Proposal for a regulation
Recital 76
(76) In the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the Member States, there is a need to ensure clarity under which Member State's jurisdiction those providers fall for the purposes of enforcing the rules laid down in Chapters III and IV and Article 8 and 9 by the national competent authorities. A provider should be under the jurisdiction of the Member State where its main establishment is located, that is, where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. In respect of providers that do not have an establishment in the Union but that offer services in the Union and therefore fall within the scope of this Regulation, the Member State where those providers appointed their legal representative should have jurisdiction, considering the function of legal representatives under this Regulation. In the interest of the effective application of this Regulation, all Member States should, however, have jurisdiction in respect of providers that failed to designate a legal representative, provided that the principle of ne bis in idem is respected. To that aim, each Member State that exercises jurisdiction in respect of such providers should, without undue delay, inform all other Member States of the measures they have taken in the exercise of that jurisdiction.
2021/07/08
Committee: IMCO
Amendment 542 #

2020/0361(COD)

Proposal for a regulation
Recital 78
(78) Member States should set out in their national law, in accordance with Union law and in particular this Regulation and the Charter, the detailed conditions and limits for the exercise of the investigatory and enforcement powers of their Digital Services Coordinators, and other competent authorities where relevant, under this Regulation. In order to ensure coherence between the Member States, the Commission should adopt guidance on the procedures and rules related to the powers of Digital Services Coordinators.
2021/07/08
Committee: IMCO
Amendment 549 #

2020/0361(COD)

Proposal for a regulation
Recital 85
(85) Where a Digital Services Coordinator requests another Digital Services Coordinator to take action, the requesting Digital Services Coordinator, or the Board in case it issued a recommendation to assess issues involving more than threefour Member States, should be able to refer the matter to the Commission in case of any disagreement as to the assessments or the measures taken or proposed or a failure to adopt any measures. TIf the Commission believes that the Digital Services Coordinator of establishment has not at least partially addressed the request or has not fully justified its decision to not address the request, the Commission, on the basis of the information made available by the concerned authorities, should accordingly be able to request the competent Digital Services Coordinator to re-assess the matter and take the necessary measures to ensure compliance within a defined time period. This possibility is without prejudice to the Commission’s general duty to oversee the application of, and where necessary enforce, Union law under the control of the Court of Justice of the European Union in accordance with the Treaties. A failure by the Digital Services Coordinator of establishment to take any measures pursuant to such a request may also lead to the Commission’s intervention under Section 3 of Chapter IV of this Regulation, where the suspected infringer is a very large online platform.
2021/07/08
Committee: IMCO
Amendment 557 #

2020/0361(COD)

Proposal for a regulation
Recital 88
(88) In order to ensure a consistent application of this Regulation, it is necessary to set up an independent advisory group at Union level and with legal personality, which should support the Commission and help coordinate the actions of Digital Services Coordinators. That European Board for Digital Services should consist of the Digital Services Coordinators, without prejudice to the possibility for Digital Services Coordinators to invite in its meetings or appoint ad hoc delegates from other competent authorities entrusted with specific tasks under this Regulation, where that is required pursuant to their national allocation of tasks and competences. In case of multiple participants from one Member State, the voting right should remain limited to one representative per Member Statethe Member State´s Digital Services Coordinator.
2021/07/08
Committee: IMCO
Amendment 578 #

2020/0361(COD)

Proposal for a regulation
Recital 97 a (new)
(97a) The Commission should ensure that it is independent and impartial in its decision making in regards to both Digital Services Coordinators and providers of services under this Regulation.
2021/07/08
Committee: IMCO
Amendment 579 #

2020/0361(COD)

Proposal for a regulation
Recital 98
(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties, including the right to challenge any investigative requests before a judicial authority within the Member State of establishment.
2021/07/08
Committee: IMCO
Amendment 585 #

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.
2021/07/08
Committee: IMCO
Amendment 592 #

2020/0361(COD)

Proposal for a regulation
Recital 102
(102) In the interest of effectiveness and efficiency, in addition to the general evaluation of the Regulation, to be performed within five years of entry into force, after the initial start-up phase and on the basis of the first three years of application of this Regulation, the Commission should also perform an evaluation of the activities of the Board and on its structure. In addition, the Commission should carry out an assessment of any impact of the costs to European service providers of any similar requirements, including those of Article 11, introduced by third-party states and any new barriers to non-EU market access after the adoption of this Regulation. The Commission should also access the impact on the ability of European businesses and consumers to access and buy products and services from outside the Union.
2021/07/08
Committee: IMCO
Amendment 594 #

2020/0361(COD)

Proposal for a regulation
Recital 104
(104) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of criteria for identification of very large online platforms and of technical specifications for access requests. It is also equally important that when standardisation bodies are unable to agree the standards needed to implement this Regulation fully, that the Commission to choice to adopt delegated acts. It is of particular importance that the Commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
2021/07/08
Committee: IMCO
Amendment 595 #

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. Individual models of operation are often addressed in different Union law regarded as lex specialis. In the case of any potential conflict between this Regulation and those Union acts, the principle of Lex specialis derogat legi generali should apply.
2021/07/08
Committee: IMCO
Amendment 608 #

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.
2021/07/08
Committee: IMCO
Amendment 622 #

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.
2021/07/08
Committee: IMCO
Amendment 625 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point b
(b) Directive 2010/13/ECU as amended by Directive 2018/1808/EU;
2021/07/08
Committee: IMCO
Amendment 634 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point h
(h) Union law on consumer protection and product safety, including Regulation (EU) 2017/2394, Regulation (EU) 2019/1020 and Regulation XXX (General Product Safety Regulation);
2021/07/08
Committee: IMCO
Amendment 638 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)
(ia) Directive (EU) 2019/882
2021/07/08
Committee: IMCO
Amendment 642 #

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.
2021/07/08
Committee: IMCO
Amendment 647 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) ‘recipient of the service’ means any natural or legal person who uses the relevant intermediary servic, for professional reasons or otherwise, uses the relevant intermediary service in particular for the purposes of seeking information or making it accessible;
2021/07/08
Committee: IMCO
Amendment 650 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft, or profession;
2021/07/08
Committee: IMCO
Amendment 664 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 2
— the targeproactive directing of activities towards one or more Member States.
2021/07/08
Committee: IMCO
Amendment 667 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e
(e) ‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession, irrespective of the legality of those actions;
2021/07/08
Committee: IMCO
Amendment 671 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – introductory part
(f) ‘intermediary service’ means one of the following information society services:
2021/07/08
Committee: IMCO
Amendment 673 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 1
— a ‘mere conduit’ service that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, including technical auxiliary functional services;
2021/07/08
Committee: IMCO
Amendment 695 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, with which it has a direct relationship stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of another service and, for objective and technical reasons cannot be used without that other service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation. For the purpose of this Regulation, cloud computing service shall not be considered to be an online platform in cases where allowing the dissemination of hyperlinks to a specific content constitutes a minor and ancillary feature.
2021/07/08
Committee: IMCO
Amendment 705 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
(ha) ‘cloud computing service’ means a digital service that enables access to a scalable and elastic pool of shareable computing resources;
2021/07/08
Committee: IMCO
Amendment 714 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
(ia) ‘online marketplace’ means an online platform which allows consumers to conclude distance contracts with traders on its platform;
2021/07/08
Committee: IMCO
Amendment 716 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k a (new)
(ka) ‘trusted flagger’ means an entity that has been nominated by a Digital Services Coordinator based on specific conditions to be authorised to issue priority notifications as to illegal content found on a platform.
2021/07/08
Committee: IMCO
Amendment 718 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether the person is incorporated or unincorporated and irrespective of whether the information is designed to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface normally against remuneration specifically for promoting that informationmessage;
2021/07/08
Committee: IMCO
Amendment 724 #

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;
2021/07/08
Committee: IMCO
Amendment 738 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
(qa) ‘dark pattern’ means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision- making or choice.
2021/07/08
Committee: IMCO
Amendment 742 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
(qb) ‘persons with disabilities’ means persons with disabilities within the meaning of Article 3(1) of Directive (EU) 2019/882
2021/07/08
Committee: IMCO
Amendment 745 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q c (new)
(qc) ‘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.
2021/07/08
Committee: IMCO
Amendment 752 #

2020/0361(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Where an information society 1. service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, the service provider shall not be liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient or more secure the information's onward transmission to other recipients of the service upon their request, on condition that:
2021/07/08
Committee: IMCO
Amendment 770 #

2020/0361(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with tradermarketplaces, where such an online platformmarketplace presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
2021/07/08
Committee: IMCO
Amendment 786 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, to enforce their terms and conditions in accordance with Article 12 or take the necessary measures to comply with the requirements of Union or national law, including those set out in this Regulation.
2021/07/08
Committee: IMCO
Amendment 793 #

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.
2021/07/08
Committee: IMCO
Amendment 806 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific individual item of illegal content, received from and issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
2021/07/08
Committee: IMCO
Amendment 809 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. If the provider cannot comply with the removal order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that has issued the order.
2021/07/08
Committee: IMCO
Amendment 810 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 b (new)
1b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that has issued the order and the provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter of Fundamental rights of the European Union, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.
2021/07/08
Committee: IMCO
Amendment 811 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 c (new)
1c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform, without undue delay, the Digital Services Coordinator of the Member State of the judicial or administrative authority issuing the order of its objection. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.
2021/07/08
Committee: IMCO
Amendment 812 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 d (new)
1d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.
2021/07/08
Committee: IMCO
Amendment 813 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 e (new)
1e. Paragraphs 1b and 1c shall not apply in the case of very large online platforms or where a content is manifestly illegal under Union law.
2021/07/08
Committee: IMCO
Amendment 819 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1 a (new)
— the identification of the issuing authority and the means to verify the authentication of the order;
2021/07/08
Committee: IMCO
Amendment 836 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider.
2021/07/08
Committee: IMCO
Amendment 840 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
(ca) the order is issued only where no other effective means are available to bring about the cessation or the prohibition of the infringement
2021/07/08
Committee: IMCO
Amendment 841 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c b (new)
(cb) where more than one provider of intermediary services is responsible for hosting the specific item, the order is issued to the most appropriate provider that has the technical and operational ability to act against the specific item.
2021/07/08
Committee: IMCO
Amendment 842 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders.
2021/07/08
Committee: IMCO
Amendment 843 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 b (new)
2b. Member States shall ensure that providers have a right to appeal and object to implementing the order and shall facilitate the use and access to that right.
2021/07/08
Committee: IMCO
Amendment 844 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 c (new)
2c. When an order to act against a specific individual item of illegal content is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.
2021/07/08
Committee: IMCO
Amendment 846 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 a (new)
Where upon receiving the copy of the order, at least three Digital Services Coordinators consider that the order violates Union or national law that is in conformity with Union law, including the Charter, they can object the enforcement of the order to the Board, based on a reasoned statement. Following recommendation of the Board, the Commission may decide whether the order is to be enforced.
2021/07/08
Committee: IMCO
Amendment 849 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law, including the Charter on Fundamental Rights. While acting in accordance with such laws, authorities shall not go beyond what is necessary in order to attain the objectives followed therein.
2021/07/08
Committee: IMCO
Amendment 862 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, received from and issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
2021/07/08
Committee: IMCO
Amendment 865 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1a. If the provider cannot comply with the information order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that issued the information order
2021/07/08
Committee: IMCO
Amendment 866 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 b (new)
1b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that issued the order and a provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.
2021/07/08
Committee: IMCO
Amendment 867 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 c (new)
1c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform of its objection, without undue delay, the Digital Services Coordinator from the Member State of the judicial or administrative authority issuing the order. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.
2021/07/08
Committee: IMCO
Amendment 868 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 d (new)
1d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.
2021/07/08
Committee: IMCO
Amendment 870 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent -1 (new)
— the identification of the issuing authority and the means to verify the authentication of the order;
2021/07/08
Committee: IMCO
Amendment 879 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider;
2021/07/08
Committee: IMCO
Amendment 882 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
(ca) the order is issued only where no other effective means are available to receive the same specific item of information
2021/07/08
Committee: IMCO
Amendment 884 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders. It shall ensure that the form meats the standards set down in the Annex of [XXX the regulation on European Production and Preservation Orders for electronic evidence in criminal matters].
2021/07/08
Committee: IMCO
Amendment 885 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 b (new)
2b. When an order to provide a specific item of information about one or more specific individual recipients of the service is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.
2021/07/08
Committee: IMCO
Amendment 887 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law.
2021/07/08
Committee: IMCO
Amendment 891 #

2020/0361(COD)

Proposal for a regulation
Chapter III – title
Due diligence oObligations for a transparent, accessible and safe online environment
2021/07/08
Committee: IMCO
Amendment 894 #

2020/0361(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Waiver 1. Providers of intermediary services may apply to the Commission for a waiver from the requirements of Chapter III, proved that they are: (a) non-for-profit or equivalent and serve a manifestly positive role in the public interest; (b) micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC; or (c) a medium enterprises within the meaning of the Annex to Recommendation 2003/361/EC without any systemic risk related to illegal content. The Providers shall present justified reasons for their request. 2. The Commission shall examination such an application and, after consulting the Board, may issue a waiver in whole or in parts to the requirements of this Chapter. 3. Upon the request of the Board or the provider, or on its own initiative, the Commission may review a waiver issued and revoke the waiver in whole or in parts. 4. The Commission shall maintain a list of all waivers issued and their conditions and shall publish this list to the public. (This amendment should be placed between the Chapter Title and the Section title)
2021/07/08
Committee: IMCO
Amendment 896 #

2020/0361(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Conflict between Union Acts 1. Where any obligation set down in this Regulation can be viewed as equivalent with or superseded by an obligation within another Union act, in which a provider of intermediary services is also a subject, a provider of intermediary services may apply to the Commission for a waiver from such requirements or a declaration that it should be deemed as having complied with this Regulation, in whole or in parts. The provider shall present justified reasons for their request. 2. The Commission shall examine such an application and, after consulting the Board, may issue a waiver or declaration in whole or in parts to the requirements of this Regulation. 3. Upon the request of the Board or on its own initiative, the Commission may review a waiver or declaration issued and revoke the waiver or declaration in whole or in parts. 4. The Commission shall maintain a list of all waiver and declaration issued and their conditions and shall publish this list to the public.
2021/07/08
Committee: IMCO
Amendment 905 #

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.
2021/07/08
Committee: IMCO
Amendment 913 #

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.
2021/07/08
Committee: IMCO
Amendment 914 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Where a provider of intermediary services chooses not to designate a legal representative, Article 40(3) shall apply.
2021/07/08
Committee: IMCO
Amendment 917 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Providers of intermediary services shall notify the name, address, the electronic mail address and telephone number of their legal representative to the Digital Service Coordinator in the Member State where that legal representative resides or is destablishignated. They shall ensure that that information is up to date.
2021/07/08
Committee: IMCO
Amendment 921 #

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.
2021/07/08
Committee: IMCO
Amendment 931 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used by the provider of the intermediary service for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible, machine-readable format.
2021/07/08
Committee: IMCO
Amendment 939 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objective and proportionatenon- arbitrary manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter and, where applicable, any community or other standards created by recipients of the service.
2021/07/08
Committee: IMCO
Amendment 963 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 c (new)
2c. Providers of intermediary services shall not require recipients of the service other than traders to make their legal identity public in order to use the service.
2021/07/08
Committee: IMCO
Amendment 964 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 d (new)
2d. For providers other than very large online platforms, nothing in this Regulation shall prevent a provider of intermediary services provider concerned from terminating the contractual relationship with its recipients without clause, in the situations provided for in the terms and conditions. Providers of a very large online platform shall issue a statement for the termination to the recipient, and the recipient shall have access to the internal complaint mechanism under Article 17 and the out- of-court mechanism under Article 18.
2021/07/08
Committee: IMCO
Amendment 967 #

2020/0361(COD)

Proposal for a regulation
Article 12 a (new)
Article 12a General Risk Assessment and Mitigation Measures 1. Providers of intermediary services shall identify, analyse and assess, at least once and at each significant revision of a service thereafter, the potential misuse or other risks stemming from the functioning and use made of their services in the Union. Such a general risk assessment shall be specific to their services and shall include at least risks related to the dissemination of illegal content through their services and any contents that might have a negative effect on potential recipients of the service, especially minors. 2. Providers of intermediary services which identify potential risks shall. wherever possible, attempt to put in place reasonable, proportionate and effective mitigation measures in line with their terms and conditions. 3. Where the identified risk relations to minor recipients of the service, without regard to if the minor is acting with respect to the terms and conditions, mitigation measures shall include, where needed and applicable: (a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure those prioritise the best interests of the minor; (b) adapting or removing system design features that expose or promote to minors to content, contact, conduct and contract risks; (c) ensuring the highest levels of privacy, safety, and security by design and default for users under the age of 16, including any profiling or use of data for commercial purposes; (d) if a service is targeted at minors, provide child-friendly mechanisms for remedy and redress, including easy access to expert advice and support. 4. Providers of intermediary services shall, upon request, explain to the Digital Services Coordinator of the Member State of establishment, how they undertook this risk assessment and what voluntary mitigation measures they undertook.
2021/07/08
Committee: IMCO
Amendment 972 #

2020/0361(COD)

Proposal for a regulation
Article 12 b (new)
Article 12b Fair consent choice screens 1. Providers of intermediary services that ask the recipients of their service for consent as required by Regulation (EU) 2016/679 to collect or process personal data concerning them shall ensure that the end user choice screens shown to that end are designed in a fair and neutral manner and do not in any way subvert or impair user autonomy, decision-making, or choice via the choice screens’ structure, function or manner of operation. In particular, providers shall refrain from: (a) giving more visual prominence to any of the consent options when asking the recipient of the service for a decision; (b) repeatedly requesting that a recipient of the service consents to data processing, regardless of the scope of purpose of such processing, especially by presenting a pop-up that interferes with user experience; (c) urging a recipient of the service to change any setting or configuration of the service after the person in question has already made her choice, including by the use of a technical standard in accordance with paragraph 3; (d) making the procedure of cancelling a service more cumbersome then signing up to it. 2. The Commission may adopt implementing acts to prescribe binding design aspects and functions of consent choice screens that fulfil the requirements of paragraph 1. 3. Providers of intermediary services shall accept the communication of consent choices made by the recipient of the service through automated means, including through standardised digital signals sent by the recipient’s software used to access the service such as web browsers and operating systems. 4. The Commission shall promote and facilitate the development of technical standards for the automated communication of consent choices through international and Union standardisation bodies. Where standardisation bodies fail to develop a workable technical standard, the Commission shall, not later than two years after entry into force of this Regulation, designate a binding technical standard for the purpose of paragraph 3.
2021/07/08
Committee: IMCO
Amendment 981 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) the number of orders received from Member States’ authorities, categorised by the type of illegal content concerned, including orders issued in accordance with Articles 8 and 9, and the average time needed to inform taking the action specified in thoshe authority issuing the order of its receipt and the effect given to the orders;
2021/07/08
Committee: IMCO
Amendment 983 #

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; Providers of intermediary services may add additional information as to the reasons for the average time for taking the action.
2021/07/08
Committee: IMCO
Amendment 1005 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.
2021/07/08
Committee: IMCO
Amendment 1010 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2 a (new)
2a. Where made available to the public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1023 #

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 were the service is directed.
2021/07/08
Committee: IMCO
Amendment 1052 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point d
(d) a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete to the best available knowledge.
2021/07/08
Committee: IMCO
Amendment 1057 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. NAdequately substantiated notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Arn obligation to investigate the notice in an effective and timely manner. If a provider is unable to determine if a noticle 5 in respect of the specific item of information concernedis valid, a provider may ask the Digital Service Coordinator or other national administrative bodies for an opinion before removing or disabling the content.
2021/07/08
Committee: IMCO
Amendment 1075 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-discriminatory and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
2021/07/08
Committee: IMCO
Amendment 1093 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or, removing or disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient on a durable medium, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
2021/07/08
Committee: IMCO
Amendment 1104 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of, the information and, where relevant, the territorial scope of the disabling of access; or the restriction;
2021/07/08
Committee: IMCO
Amendment 1119 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Providers of hosting services shall publish at least annually the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal data.
2021/07/08
Committee: IMCO
Amendment 1121 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4 a (new)
4a. Paragraph1 shall not apply where: - a provider of hosting service does not have the information necessary to inform the recipient by a durable medium; - a provider of hosting service has already informed the recipient of the removal or disabling of the same or similar items of information from the same recipient; - content is manifestly illegal; - content is deceptive, high-volume commercial content; or - requested by a judicial or law enforcement authority to not inform the recipient due to an ongoing criminal investigations until the criminal investigations is closed.
2021/07/08
Committee: IMCO
Amendment 1141 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.
2021/07/08
Committee: IMCO
Amendment 1154 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
2021/07/08
Committee: IMCO
Amendment 1169 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to restrict the ability to monetize content provided by the recipients.
2021/07/08
Committee: IMCO
Amendment 1195 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, that would negatively affect them and that are referred to in paragraph 4, are not solely taken on the basis of automated means.
2021/07/08
Committee: IMCO
Amendment 1201 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 2 and established in the Member State of the provider or the Member State of the recipient, in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
2021/07/08
Committee: IMCO
Amendment 1207 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
1a. Where a recipient seeks a resolved to multiple complaints, either party may request that the out-of-court dispute settlement body treats and resolves these complaints in a single dispute decision.
2021/07/08
Committee: IMCO
Amendment 1225 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
2021/07/08
Committee: IMCO
Amendment 1234 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities and cost-effective manner and in at least one official language of the Union;
2021/07/08
Committee: IMCO
Amendment 1248 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, and the body does not find the recipient acted in bad faith in the dispute, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
2021/07/08
Committee: IMCO
Amendment 1255 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 6 a (new)
6a. This Article shall only take effect on providers other than very large online platforms from [24 months after the date of entry into force of this Regulation].
2021/07/08
Committee: IMCO
Amendment 1274 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform, law enforcement, or other government or relevant commercial entity;
2021/07/08
Committee: IMCO
Amendment 1285 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
(ca) it has a transparent funding structure, including publishing the sources and amounts of all revenue annually
2021/07/08
Committee: IMCO
Amendment 1286 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c b (new)
(cb) it is not already a trusted flagger in another Member State.
2021/07/08
Committee: IMCO
Amendment 1287 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c c (new)
(cc) it publishes, at least once a year, clear, easily comprehensible and detailed reports on any notices submitted in accordance with Article 14 during the relevant period. The report shall list notices categorised by the identity of the hosting service provider, the type of alleged illegal or terms and conditions violating content concerned, and what action was taken by the provider. In addition, the report shall identify relationships between the trusted flagger and any online platform, law enforcement, or other government or relevant commercial entity, and explain the means by which the trusted flagger maintains its independence.
2021/07/08
Committee: IMCO
Amendment 1288 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1 a (new)
By way of derogation from point (b), a public entity may be awarded with the status of trusted flagger for non- intellectual property right related actions.
2021/07/08
Committee: IMCO
Amendment 1289 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2a. Online platforms may treat other third parties considered by the provider to have particular expertise and responsibilities for the purposes of tackling illegal content online as equal to a trusted flagger as to the mechanisms referred to Article 14. The conditions for granting such treatment shall be clearly set out and objective and shall be communicated to the Digital Services Coordinator of establishment. The names of such third parties shall be published in a clear and easily findable manner.
2021/07/08
Committee: IMCO
Amendment 1303 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. Where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices through the mechanisms referred to in Article 14, including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in Article 17(3), it shall communicate that information to the Digital Services Coordinator that awarded the status of trusted flagger to the entity concerned, providing the necessary explanations and supporting documents. During this period of investigation by the Digital Services Coordinator, the trusted flagger shall be treated as a non-trusted flagger when using the mechanisms referred to in Article 14, where not suspended under Article 20.
2021/07/08
Committee: IMCO
Amendment 1309 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received byfrom third parties, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
2021/07/08
Committee: IMCO
Amendment 1317 #

2020/0361(COD)

Proposal for a regulation
Article 19 a (new)
Article 19a Accessibility requirements for online platforms 1. Providers of online platforms which offer services in the Union shall ensure that they design and provide services in accordance with the accessibility requirements set out in Section III, Section IV, Section VI, and Section VII of Annex I of Directive (EU) 2019/882. 2. Providers of online platforms shall prepare the necessary information in accordance with Annex V of Directive (EU) 2019/882 and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with disabilities. Providers of online platforms shall keep that information for as long as the service is in operation. 3. Providers of online platforms shall ensure that information, forms and measures provided pursuant to this Regulation are made available in a manner that they are easy to find and accessible to persons with disabilities. 4. Providers of online platforms which offer services in the Union shall ensure that procedures are in place so that the provision of services remains in conformity with the applicable accessibility requirements. Changes in the characteristics of the provision of the service, changes in applicable accessibility requirements and changes in the harmonised standards or in technical specifications by reference to which a service is declared to meet the accessibility requirements shall be adequately taken into account by the provider of intermediary services. 5. In the case of non-conformity, providers of online platforms shall take the corrective measures necessary to bring the service into conformity with the applicable accessibility requirements. 6. Provider of online platforms shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the applicable accessibility requirements. They shall cooperate with that authority, at the request of that authority, on any action taken to bring the service into compliance with those requirements. 7. Online platforms which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those standards or parts thereof cover those requirements. 8. Online platforms which are in conformity with the technical specifications or parts thereof adopted for the Directive (EU) 2019/882 shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those technical specifications or parts thereof cover those requirements.
2021/07/08
Committee: IMCO
Amendment 1322 #

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.
2021/07/08
Committee: IMCO
Amendment 1338 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d
(d) the intention of the recipient, individual, entity or complainant., including whether submissions were made in bad faith;
2021/07/08
Committee: IMCO
Amendment 1340 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d a (new)
(da) whether a notice was submitted by an individual user or by an entity or persons with specific expertise related to the content in question;
2021/07/08
Committee: IMCO
Amendment 1344 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d b (new)
(db) the manner of how notices have been submitted, including by automated means.
2021/07/08
Committee: IMCO
Amendment 1345 #

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 or Regulation (EU) 2021/784 of the European Parliament and of the Council.
2021/07/08
Committee: IMCO
Amendment 1355 #

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.
2021/07/08
Committee: IMCO
Amendment 1363 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2a. Unless instructed otherwise by the informed authority, the provider shall remove or disable the content. It shall store all content and related data for at least six months.
2021/07/08
Committee: IMCO
Amendment 1364 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 b (new)
2b. 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.
2021/07/08
Committee: IMCO
Amendment 1365 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 c (new)
2c. The Commission shall adopt an implementing act setting down a template for notifications under paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1366 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 d (new)
2d. Where a notification of suspicions of criminal offences includes information which may be seen as potential electronic information in criminal proceedings, Regulation XXX [E-evidence] shall apply.
2021/07/08
Committee: IMCO
Amendment 1368 #

2020/0361(COD)

Proposal for a regulation
Article 22 – title
Traceability of traders on online Marketplaces
2021/07/08
Committee: IMCO
Amendment 1375 #

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 for those purposes, the online platformmarketplace has obtained the following information from traders, where applicable:
2021/07/08
Committee: IMCO
Amendment 1385 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bankpayment account details of the trader, where the trader is a natural person;
2021/07/08
Committee: IMCO
Amendment 1389 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning of established in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation] or any relevant act of Union law; __________________ 51Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
2021/07/08
Committee: IMCO
Amendment 1400 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 a (new)
1a. Providers of online marketplaces shall require traders to provide the information referred to in points (a) and (e) immediately upon initial registration for its services. Traders shall be required to provide any supplementary material relating to the information requirements set out in Article 22(1) within a reasonable period, no later than before offering of products and services to consumer.
2021/07/08
Committee: IMCO
Amendment 1406 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platformproviders of online marketplaces shall, upon receiving that information, make reasonablebest efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliablaccurate through the use of any freely accessible official online database or online interface made available by an authorised administrator or a Member States or the Union or through direct requests to the trader to provide supporting documents from reliable sources.
2021/07/08
Committee: IMCO
Amendment 1416 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Where the online platform obtainsproviders of online marketplaces obtains sufficient 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.
2021/07/08
Committee: IMCO
Amendment 1419 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Where the trader fails to correct or complete that information, the online platformmarketplace shall suspend the provision of its service to the trader in relations to the offering of products or services to consumers located in the Union until the request is fully complied with.
2021/07/08
Committee: IMCO
Amendment 1425 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 a (new)
3a. The providers of online marketplaces shall ensure that traders are given the ability to discuss any information viewed as inaccurate or incomplete directly with a trader before any suspension of services. This may take the form of the internal complaint- handling system under Article 17.
2021/07/08
Committee: IMCO
Amendment 1427 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 b (new)
3b. If an online marketplace rejects an application for services or suspends services to a trader, the trader shall have recourse to the systems under Article 17 and Article 43 of this Regulation.
2021/07/08
Committee: IMCO
Amendment 1429 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 c (new)
3c. Traders shall be solely liable for the accuracy of the information provided and shall inform without delay the online marketplace of any changes to the information provided.
2021/07/08
Committee: IMCO
Amendment 1432 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The online platformmarketplace 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 no later than six months after the final conclusion of a distance contract.
2021/07/08
Committee: IMCO
Amendment 1439 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformonline 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.
2021/07/08
Committee: IMCO
Amendment 1448 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7
7. The online platform shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.deleted
2021/07/08
Committee: IMCO
Amendment 1462 #

2020/0361(COD)

Proposal for a regulation
Article 22 a (new)
Article 22a Compliance by design 1. Providers of online marketplaces shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law. 2. The online interface shall allow traders to provide at least the information necessary for the unequivocal identification of the products or the services offered, and, where applicable, the information concerning the labelling in compliance with rules of applicable Union law on product safety and product compliance. 3. This Article is without prejudice to additional requirements under other Union acts, including the [General Product Safety Regulation] and [Market Surveillance Regulation]
2021/07/08
Committee: IMCO
Amendment 1466 #

2020/0361(COD)

Proposal for a regulation
Article 22 b (new)
Article 22b Right to information 1. Where a provider of an online marketplace becomes aware, irrespective of the means used to, of the illegal nature of a product or service offered through its services, it shall inform, wherever possible, those recipients of the service that had acquired such product or contracted such service during the last six months about the illegality, the identity of the trader and any means of redress. 2. Where the provider of the online marketplace does not have the contact details of the recipients of the service referred to in paragraph 1, the provider shall make publicly available and easily accessible on their online interface the information concerning the illegal products or services removed, the identity of the trader and any means of redress.
2021/07/08
Committee: IMCO
Amendment 1479 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The Commission mayshall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1480 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 4 a (new)
4a. Where published to the general public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1506 #

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 including 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 constitute a violation of the provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1537 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1 a (new)
Such a methodology shall ensure the following in relations to active recipients: (1) automated interactions, accounts or data scans by a non-human (“bots”) are not included; (2) 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; (3) that the number shall be based on each service individually; (4) that recipients connected on multiple devices are counted only once; (5) that indirect use of service, via a third party or linking, shall not be counted; (6) 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; (7) the average number is maintained for a period of at least six months.
2021/07/08
Committee: IMCO
Amendment 1556 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point a
(a) the dissemination of illegal content and content that is in breach of their terms and conditions through their services;,
2021/07/08
Committee: IMCO
Amendment 1565 #

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;
2021/07/08
Committee: IMCO
Amendment 1576 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, 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.
2021/07/08
Committee: IMCO
Amendment 1590 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how and whether their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1602 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measureseasures to mitigate the probability and severity of any, tailored to address the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
2021/07/08
Committee: IMCO
Amendment 1612 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;
2021/07/08
Committee: IMCO
Amendment 1613 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide or the alternative placement and display of public service advertisements or other related factual information;
2021/07/08
Committee: IMCO
Amendment 1625 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 a (new)
1a. Very large online platforms shall, where appropriate, conduct their risk assessments referred in Article 26 and design their risk mitigation measures with the involvement of representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations. Where no such involvement is taken, this shall be made clear in the transparency report referred to in Article 33.
2021/07/08
Committee: IMCO
Amendment 1641 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 a (new)
The reports of the Board shall include information both 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.
2021/07/08
Committee: IMCO
Amendment 1649 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 3 a (new)
3a. The requirement to put in place mitigation measures shall not require an obligation to impose general monitoring or active fact-finding obligations.
2021/07/08
Committee: IMCO
Amendment 1653 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. Very large online platforms shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:
2021/07/08
Committee: IMCO
Amendment 1677 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)
(fa) a description of specific elements that could not be audited, and an explanation of why these could not be audited;
2021/07/08
Committee: IMCO
Amendment 1679 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f b (new)
(fb) where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such conclusion.
2021/07/08
Committee: IMCO
Amendment 1685 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 4 b (new)
4b. Where an audit report contains information that could be misused in order to harm the security and privacy of receptions of the platform, the very large online platform may request from the Commission that such information is removed or summarised in any public version of the audit report. The Commission shall consider any such requests and may grant such a request if deemed merited.
2021/07/08
Committee: IMCO
Amendment 1691 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached and easily found from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
2021/07/08
Committee: IMCO
Amendment 1695 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 a (new)
This duty is without prejudice to any trade secrets regarding the underlying algorithms. Very large online platforms are not required to disclose any information which could easily be used to manipulate search results to the detriment of customers and other end users.
2021/07/08
Committee: IMCO
Amendment 1710 #

2020/0361(COD)

Proposal for a regulation
Article 30 – title
Additional transparency for online advertising transparencyand "deep fakes" audiovisual media
2021/07/08
Committee: IMCO
Amendment 1725 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point c a (new)
(ca) the natural or legal person or group who paid for the advertisement;
2021/07/08
Committee: IMCO
Amendment 1740 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. The Board shall, after consulting with trusted flaggers and vetted researchers, publish guidelines on the structure and organisation of repositories created pursuant to paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1743 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 b (new)
2b. 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.
2021/07/08
Committee: IMCO
Amendment 1745 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 c (new)
2c. The very large online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their data for each specific advertisement displayed to the data subject on the platform, in particular: (a) to withdraw consent or to object to processing; (b) to obtain access to the data concerning the data subject; (c) to obtain rectification of inaccurate data concerning the data subject; (d) to obtain erasure of data without undue delay. Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a) to (d) have been enclosed.
2021/07/08
Committee: IMCO
Amendment 1748 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 d (new)
2d. Where a recipient exercises any of the rights referred to points (a), (c) or(d) in paragraph 2c, the online platform must without undue delay cease displaying advertisements using the personal data concerned or using parameters which were set using this data.
2021/07/08
Committee: IMCO
Amendment 1749 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 e (new)
2e. 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;
2021/07/08
Committee: IMCO
Amendment 1761 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. In order to be vetted, researchers shall: (1) be affiliated with academic institutions, be independent from commercial interests, within the Union and the institutions certifies that the researcher is a researcher in good standing (2) be independent from commercial interests, including any very large online platforms (3) be independent from any government, administrative or other state bodies, outside the academic institution of affiliation if public, (4) have undergone an independent background and security investigation, subject to the national legislation of the Member State of residence. (5) be a resident of the Union; (6) have proven records of expertise in the fields related to the risks investigated or related research methodologies, and (7) shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
2021/07/08
Committee: IMCO
Amendment 1768 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 4 a (new)
4a. Where a very large online platform or a Digital Services Coordinator has grounds to believe that a researcher is acting outside the purpose of paragraph 2 or no longer respects the conditions of paragraph 4, access to data shall be withdrawn and the Digital Services Coordinator of establishment shall decide if and when access shall be restored and under what conditions.
2021/07/08
Committee: IMCO
Amendment 1787 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 a (new)
7a. Digital Service Coordinators and the Commission shall, once a year, report the following information: (a) the number of requests made to them as referred to in paragraphs 1 and 2; (b) the number of such requests that have been declined or withdrawn by the Digital Service Coordinator or the Commission and the reasons for which they have been declined or withdrawn, including following a request to the Digital Service Coordinator or the Commission from a very large online platform to amend a request as referred to in paragraphs 1 and 2.
2021/07/08
Committee: IMCO
Amendment 1799 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 a (new)
Such reports shall include content moderation information separated and presented for each Member State in which the services are offered and for the Union as a whole. The reports shall be published in at least one of the official languages of the Member States of the Union in which services are offered.
2021/07/08
Committee: IMCO
Amendment 1827 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
(fa) accessibility of elements and functions of online platforms and digital services for persons with disabilities aiming at consistency and coherence with existing harmonised accessibility requirements when these elements and functions are not already covered by existing harmonised European standards
2021/07/08
Committee: IMCO
Amendment 1840 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 2 a (new)
2a. Where any of the standards under paragraph 1 have not been adopted by [24 months of the entry into force of this regulation], the Commission may adopt a delegated act in accordance with Article 69 to set down rules, guidelines or a template for the harmonised application of the applicable articles. Once a standard has been established, the Commission shall cease work on or withdraw its delegated act if already adopted.
2021/07/08
Committee: IMCO
Amendment 1856 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission mayshall invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
2021/07/08
Committee: IMCO
Amendment 1868 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly as needed to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
2021/07/08
Committee: IMCO
Amendment 1874 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 5
5. The Board shall regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain. In case of systematic and repetitive failure to comply with the Codes of Conduct, the Board shall as a measure of last resort take a decision to temporary suspend or definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.
2021/07/08
Committee: IMCO
Amendment 1882 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency infor all actors in the online advertising value chain, beyond the requirements of Articles 24 and 30.
2021/07/08
Committee: IMCO
Amendment 1889 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 3
3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date. The Commission shall evaluate the application of those codes three years after the application of this Regulation.
2021/07/08
Committee: IMCO
Amendment 1892 #

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.
2021/07/08
Committee: IMCO
Amendment 1918 #

2020/0361(COD)

Proposal for a regulation
Article 38 – paragraph 4 a (new)
4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.
2021/07/08
Committee: IMCO
Amendment 1935 #

2020/0361(COD)

Proposal for a regulation
Article 40 – paragraph 3 a (new)
3a. Paragraph 3 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 and which are not very large online platforms. Such enterprises shall be deemed to be under the jurisdiction of the Member State where their point of contact resides or is established. Where no point of contract is established or resides in a Member State, paragraph 3 shall apply.
2021/07/08
Committee: IMCO
Amendment 1955 #

2020/0361(COD)

Proposal for a regulation
Article 41 – paragraph 6 a (new)
6a. The Commission shall publish guidelines by [six months after adoption] on the powers and procedures of the Digital Services Coordinators. Member States shall follow these guidelines or explain otherwise to the Commission.
2021/07/08
Committee: IMCO
Amendment 1963 #

2020/0361(COD)

Proposal for a regulation
Article 42 a (new)
Article 42a 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 Article35 and 36; and (k) 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.
2021/07/08
Committee: IMCO
Amendment 1987 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Where the Board has reasons to suspect that a provider of intermediary services infringed this Regulation in a manner involving at least threefour Member States, it may recommend the Digital Services Coordinator of establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.
2021/07/08
Committee: IMCO
Amendment 1993 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 2 a (new)
2a. A request or recommendation pursuant to paragraph 1 shall be at the same time as it is communicated to the Digital Services Coordinator of establishment be transmitted to the Commission. Where the Commission believes that the request or recommendation is unmerited or where the Commission is currently taking action on the same substantial matter, the Commission can ask for the request or recommendation to be withdrawn.
2021/07/08
Committee: IMCO
Amendment 2030 #

2020/0361(COD)

Proposal for a regulation
Article 47 – paragraph 1
1. An independent advisory group of Digital Services Coordinators on the supervision of providers of intermediary services named ‘European Board for Digital Services’ (the ‘Board’) is established and shall have legal personality.
2021/07/08
Committee: IMCO
Amendment 2049 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 1
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator shallmay participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. Member State has more than one representative present, solely the final word of the Digital Services Coordinator shall be taken as the position of the Member State in question.
2021/07/08
Committee: IMCO
Amendment 2054 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1 a (new)
Where a Member State has more than one representative present, solely the Digital Services Coordinator shall be able to vote.
2021/07/08
Committee: IMCO
Amendment 2067 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 5 a (new)
5a. The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall make the results of the consultation procedure publicly available.
2021/07/08
Committee: IMCO
Amendment 2070 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 6
6. The Board shall adopt its rules of procedure by a two-thirds majority of its members, following the consent of the Commission.
2021/07/08
Committee: IMCO
Amendment 2092 #

2020/0361(COD)

Proposal for a regulation
Article 49 a (new)
Article 49a Reports 1. The Board shall draw up an annual report regarding its actions. The report shall be made public and be transmitted to the European Parliament, to the Council and to the Commission in all official languages of the Member States. 2. The annual report shall include, among other information, a review of the practical application of the opinions, guidelines, recommendations advice and any other measures taken under Article 49(1).
2021/07/08
Committee: IMCO
Amendment 2140 #

2020/0361(COD)

Proposal for a regulation
Article 51 a (new)
Article 51a 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.
2021/07/08
Committee: IMCO
Amendment 2145 #

2020/0361(COD)

Proposal for a regulation
Article 52 – paragraph 2
2. When sending a simple request for information to the very large online platform concerned or other person referred to in Article 52(1), the Commission shall state the legal basis and the purpose of the request, specify what information is required and set the time period within which the information is to be provided, and the penalties provided for in Article 59 for supplying incorrect or misleading information. The purpose shall include reasoning on why and how the information is necessary, proportionality to the purpose and cannot be received by other means.
2021/07/08
Committee: IMCO
Amendment 2150 #

2020/0361(COD)

Proposal for a regulation
Article 52 – paragraph 4
4. The owners of the very large online platform concerned or other person referred to in Article 52(1) or their representatives and, in the case of legal persons, companies or firms, or where they have no legal personality, the persons authorised to represent them by law or by their constitution shall supply the information requested on behalf of the very large online platform concerned or other person referred to in Article 52(1). Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
2021/07/08
Committee: IMCO
Amendment 2223 #

2020/0361(COD)

Proposal for a regulation
Article 59 – paragraph 4
4. In fixing the amount of the fine, the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement, any fines issued under Article 42 and need to avoid double sanctioning the same infringement and, for fines imposed pursuant to paragraph 2, the delay caused to the proceedings.
2021/07/08
Committee: IMCO
Amendment 2282 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 2
2. The delegation of power referred to in Articles 23, 25, 31 and 314 shall be conferred on the Commission for an indeterminate period of time from [date of expected adoption of the Regulation].
2021/07/08
Committee: IMCO
Amendment 2284 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 3
3. The delegation of power referred to in Articles 23, 25, 31 and 314 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2021/07/08
Committee: IMCO
Amendment 2292 #

2020/0361(COD)

Proposal for a regulation
Article 73 – paragraph 4 a (new)
4a. By three years from the date of application of this Regulation at the latest, the Commission shall carry out an assessment of any impact of the costs to European service providers of any similar requirements, including those of Article 11, introduced by third-party states and any new barriers to non-EU market access after the adoption of this Regulation. The Commission shall also access the impact on the ability of European businesses and consumers to access and buy products and services from outside the Union.
2021/07/08
Committee: IMCO
Amendment 95 #

2020/0359(COD)

Proposal for a directive
Recital 30
(30) Access to correct and timely information on vulnerabilities affecting ICT products and services contributes to an enhanced cybersecurity risk management. In that regard, sources of publicly available information on vulnerabilities are an important tool for entities and their users, but also national competent authorities and CSIRTs. For this reason, ENISA should establish a vulnerability registrydatabase where, essential and important entities and their suppliers, as well as entities which do not fall in the scope of application of this Directive may, on a voluntary basis, disclose vulnerabilities and provide the vulnerability information that allows users to take appropriate mitigating measures.
2021/06/03
Committee: IMCO
Amendment 171 #

2020/0359(COD)

Proposal for a directive
Article 6 – title
Coordinated vulnerability disclosure and a European vulnerability registrydatabase
2021/06/03
Committee: IMCO
Amendment 121 #

2020/0353(COD)

Proposal for a regulation
Recital 23
(23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for rechargeable industrial batteries and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment is developing in-vehicle durability requirements, so this Regulation is refraining from setting additional durability requirements. On the other hand, in the area of batteries for energy storage, existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. The introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications. In general, the Commission should assess the complementarity of Union's and international rules in order to ensure a stable and positive regulatory environment helping innovation and competitiveness. The Commission should consider revising potentially burdensome requirements and aligning these with international norms.
2021/09/23
Committee: IMCO
Amendment 145 #

2020/0353(COD)

Proposal for a regulation
Recital 31
(31) A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art measurements and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council35 and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained. In the absence of published standards at the time of the application of product-specific requirements, the Commission shouldorder to avoid doubling of standards, to maximise efficiency and to include the highest expertise and state-of art knowledge, the Commission should seek to request one or more European standardisation organisations to draft a standard in case of absence of such a standard. In the absence of published standards at the time of the application of product-specific requirements and in case of a non satisfactory response by the European standardisation body, the Commission should in exceptional, justified cases, adopt common specifications through implementing acts and the compliance with such specifications should also give rise to the presumption of conformity. In cases where the common specifications are, at a later stage, found to have shortcomings, the Commission should by implementing act amend or repeal the common specifications in question. If there is a justified need to adopt standards through implementing act, the Commission should also consult and actively involve relevant stakeholders. _________________ 35 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)
2021/09/23
Committee: IMCO
Amendment 149 #

2020/0353(COD)

Proposal for a regulation
Recital 31 a (new)
(31 a) An active involvement in the work of international standardisation committees is an important strategic prerequisite to place future technologies into the market. In some cases, participation of Europe has been underrepresented in these committees. Therefore, the Commission and Member States should actively support the work of European enterprises in such international standardisation committees. Before considering the adoption of standards by secondary legislation, the Comission shall carefully assess the work done on international level.
2021/09/23
Committee: IMCO
Amendment 150 #

2020/0353(COD)

Proposal for a regulation
Recital 31 b (new)
(31 b) The Commission should ensure consistency regarding harmonised standards and common specifications under this regulation and when reviewing Regulation (EU) No 1025 (2012).
2021/09/23
Committee: IMCO
Amendment 204 #

2020/0353(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to all batteries, namely portable batteries, including batteries for light means of transport, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
2021/09/23
Committee: IMCO
Amendment 209 #

2020/0353(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 21
(21) ‘QR code’ means a matrix barcode that links to information about a battery model;
2021/09/23
Committee: IMCO
Amendment 230 #

2020/0353(COD)

Proposal for a regulation
Article 9 – title
Performance and durability requirements for portable batteries of general use and batteries for light means of transport
2021/09/23
Committee: IMCO
Amendment 234 #

2020/0353(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. From 1 January 2027, portable batteries of general use and batteries for light means of transport shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
2021/09/23
Committee: IMCO
Amendment 237 #

2020/0353(COD)

Proposal for a regulation
Article 9 – paragraph 2 – introductory part
2. By 31 December 2025, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Annex III that portable batteries of general use and batteries for light means of transport shall attain.
2021/09/23
Committee: IMCO
Amendment 242 #

2020/0353(COD)

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and batteries for light means of transport and take into consideration relevant international standards and labelling schemes. The Commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
2021/09/23
Committee: IMCO
Amendment 262 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 1 – introductory part
1. Portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance. Removability and replaceability requirements may only apply to battery packs as a whole and not individual cells or other parts included in the battery pack.
2021/09/23
Committee: IMCO
Amendment 268 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similar battery, without affecting the functioning or the, performance or safe operation of that appliance.
2021/09/23
Committee: IMCO
Amendment 280 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2 a. the novelty of the application requires a fixed connection to the battery and does not allow for a removable battery to guarantee its proper functioning
2021/09/23
Committee: IMCO
Amendment 314 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 1 – introductory part
1. The Commission shall actively support the work of European enterprises in international standardisation committees. In exceptional cases, after consulting relevant stakeholders, and after having requested one or more European standardisation organisations to draft EU standards, the Commission shall be empowered to adopt implementing acts laying down common specifications for the requirements set out in Articles 9, 10, 12, 13, 59(5)(a) or tests referred to in Article 15(2), where:
2021/09/23
Committee: IMCO
Amendment 318 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point b
(b) the Commission observes undue delays in the adoption of requested harmonised standards, or considers that relevant harmonised standards are not sufficient; or
2021/09/23
Committee: IMCO
Amendment 322 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)take into account the findings of the stakeholder consultation and the work by European standardisation bodies referred to in paragraph 1 and be adopted in accordance with the examination procedure referred to in Article 74(3). The Commission shall ensure coherence with the provisions of this article when revising the European standardisation regulation (EU) No 1025/2012.
2021/09/23
Committee: IMCO
Amendment 323 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Thosee Commission shall seek to align the common specifications with international standards unless a deviation seems justified. In an exceptional, justified case, implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
2021/09/23
Committee: IMCO
Amendment 378 #

2020/0353(COD)

Proposal for a regulation
Article 33 – paragraph 2 – introductory part
2. A notified body shall perform its activities in a proportionate manner, avoiding unnecessary burdens for economic operators, in particular small and medium-sized enterprises, and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process.
2021/09/23
Committee: IMCO
Amendment 385 #

2020/0353(COD)

Proposal for a regulation
Article 36 – title
36 Exchange of experience and good practices
2021/09/23
Committee: IMCO
Amendment 386 #

2020/0353(COD)

Proposal for a regulation
Article 36 – paragraph 1
The Commission shall provide for the organisation of exchange of experience and good practices between the Member States’ national authorities responsible for notification policy.
2021/09/23
Committee: IMCO
Amendment 407 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point a
(a) adopt, and clearly communicate to suppliers and the public, a company policy for the supply chain of raw materials indicated in Annex X, point 1, starting at the point of extraction of raw materials;
2021/09/23
Committee: IMCO
Amendment 410 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chain policy standards consistent with the standards set out in the model sAnnex I "Five- Step Framework for Risk-Based Due Diligence in the Mineral Supply cChain p" and the "Model Supply Chain Policy" in Annex II to the OECD Due Diligence Guidance;
2021/09/23
Committee: IMCO
Amendment 469 #

2020/0353(COD)

Proposal for a regulation
Article 60 – paragraph 1 – point f a (new)
(f a) for portable batteries, the deposit refund schemes established by Member States pursuant to Article 72a and information on the amount of the refund.
2021/09/23
Committee: IMCO
Amendment 529 #

2020/0353(COD)

Proposal for a regulation
Article 72 a (new)
Article 72 a Deposit refund schemes Member States shall introduce mandatory deposit refund schemes for the collection of waste portable batteries. Consumers and other end-users shall be informed in a clear and comprehensible manner about the scheme and refund amounts in accordance with paragraph 1(fa) of Article 60.
2021/09/23
Committee: IMCO
Amendment 559 #

2020/0353(COD)

Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1
Where appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation. By [twenty two months after the date of entry into force of this Regulation], the Commission shall assess the complementarity of the parameters in Part A of Annex IV with international norms in particular UNECE GTR.
2021/09/23
Committee: IMCO
Amendment 617 #

2020/0353(COD)

Proposal for a regulation
Annex XIII – point 1 – point e
(e) Battery composition, including critical raw materials, other than business sensitive information;
2021/09/23
Committee: IMCO
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 4 #

2020/0157M(NLE)

Motion for a resolution
Recital A
A. whereas almost half of the land area in Honduras is covered by forests, half of which is tropical rainforest; whereas there is still a huge resource of unclassified trees and species; whereas Honduras has lost about 12.5 % of its forest area since 2015 due mainly to climate change, forest fires, deforestation and illegal logging, and suffered a pest infestation in 2016;
2021/02/11
Committee: INTA
Amendment 7 #

2020/0157M(NLE)

Motion for a resolution
Recital B
B. whereas Honduras passed its Climate Change Law in 2014 and was the first state to publish its first nationally determined contribution (NDC) in the framework of the Paris Agreement the following year, of which one commitment is to restore one million hectares of forests;
2021/02/11
Committee: INTA
Amendment 8 #

2020/0157M(NLE)

Motion for a resolution
Recital C
C. whereas the share of the forest sector in Honduras’ economy has decreased over the years representing around 3,6% of the GNP in the last 16 years owing to stricter requirements on the legality of timber in Honduras’ export markets and to forest destruction; whereas the Voluntary Partnership Agreement (VPA) process, which emphasises legality and good governance, is helping the forest sector to increase its share, provide rural jobs and generate income for Hondurans;
2021/02/11
Committee: INTA
Amendment 11 #

2020/0157M(NLE)

Motion for a resolution
Recital E
E. whereas Honduras is a lower- middle- income country where poverty, inequaliaccording to the World Bank classification; whereas it is the second poorest in Latin America, and third poorest in the Western Hemisphere; whereas the poverty, corruption, violence and impunity in Honduras remain persistent concerns, as well as the situation for women's rights, in particular the recent backlash concerning sexual and reproductive health rights;
2021/02/11
Committee: INTA
Amendment 16 #

2020/0157M(NLE)

Motion for a resolution
Recital E a (new)
E a. whereas despite the fact that the Honduran Government has made positive commitments and initiated legislation to protect human rights defenders, it remains one of the most dangerous countries in the region for human and indigenous rights defenders and environmental activists who continue to be subject to abuses, violence, arbitrary detentions, threats and killings;
2021/02/11
Committee: INTA
Amendment 18 #

2020/0157M(NLE)

Motion for a resolution
Recital F a (new)
F a. whereas the mandate of the Mission to Support the Fight against Corruption and Impunity in Honduras (MACCIH) ended in January 2020 and was not renewed;
2021/02/11
Committee: INTA
Amendment 19 #

2020/0157M(NLE)

Motion for a resolution
Recital G a (new)
G a. whereas the EU-Central America Association Agreement was concluded in 2012, and the trade part provisionally applied since 1st of August 2013;
2021/02/11
Committee: INTA
Amendment 20 #

2020/0157M(NLE)

Motion for a resolution
Recital G b (new)
G b. whereas VPAs provides for a Joint Implementation Committee, responsible for its implementation and monitoring;
2021/02/11
Committee: INTA
Amendment 25 #

2020/0157M(NLE)

Motion for a resolution
Recital J a (new)
J a. whereas the negotiations leading to the conclusion of this VPA have created a cooperative space among different stakeholders to discuss environmental, human rights, social and economic issues;
2021/02/11
Committee: INTA
Amendment 27 #

2020/0157M(NLE)

Motion for a resolution
Recital K a (new)
K a. whereas a good forest management requires sustainable land tenure, respect of the environmental needs and human rights, transparency, legal security, trust and long-term investments;
2021/02/11
Committee: INTA
Amendment 29 #

2020/0157M(NLE)

Motion for a resolution
Recital K b (new)
K b. whereas general elections will take place in Honduras before the end of 2021;
2021/02/11
Committee: INTA
Amendment 31 #

2020/0157M(NLE)

Motion for a resolution
Paragraph 1
1. Welcomes the conclusion of negotiations on the VPA between the EU and Honduras and calls for its swift ratification by both sides so it can enter into force in 2021, thus allowing for the important next steps in terms of implementation, including setting up the licencing;
2021/02/11
Committee: INTA
Amendment 36 #

2020/0157M(NLE)

Motion for a resolution
Paragraph 2 a (new)
2 a. Believes that the EU has a very important role and an obligation in improving both the supply and the demand side of timber, in order to responsibly reject illegally produced timber and to reinforce exporting countries in their efforts to combat illegal logging and corruption that results in destruction of their forests, climate change, and violation of human rights;
2021/02/11
Committee: INTA
Amendment 52 #

2020/0157M(NLE)

Motion for a resolution
Paragraph 8 a (new)
8 a. Highly appreciates that Honduras has managed to ensure involvement of government institutions, civil society, private sector, indigenous and afro- descendant people of Honduras, academia and communities, who accepted and contributed to the process to drafting the VPA; welcomes the fact that all these sectors agreed to be present around the same negotiating table and the achievement of the feeling of inclusiveness and the possibility to contribute;
2021/02/11
Committee: INTA
Amendment 53 #

2020/0157M(NLE)

Motion for a resolution
Paragraph 9 a (new)
9 a. Believes that the fight against corruption needs to be constant, in every part of the world; welcomes that transparency has proven useful in the process to concluding this VPA, and cannot be enough stressed in the forthcoming process of implementation;
2021/02/11
Committee: INTA
Amendment 61 #

2020/0157M(NLE)

Motion for a resolution
Paragraph 12 a (new)
12 a. Believes that the successful negotiations of this VPA also proves the importance of the Union’s Delegations to third countries;
2021/02/11
Committee: INTA
Amendment 68 #

2020/0157M(NLE)

Motion for a resolution
Paragraph 15 a (new)
15 a. Asks the Commission to annually report on the implementation of the EU- Honduras FLEGT VPA to Parliament, including on the work of the Joint Implementation Committee, calls on the Commission to consider improving the regulation on FLEGT licencing at the next review exercise in order to enable it to respond quickly to cases of significant infringements of VPA commitments;
2021/02/11
Committee: INTA
Amendment 74 #

2020/0157M(NLE)

Motion for a resolution
Paragraph 17 a (new)
17 a. Supports the European Commission in finding additional potential partners for future voluntary partnership agreements under FLEGT;
2021/02/11
Committee: INTA
Amendment 19 #

2020/0155(COD)

Proposal for a regulation
Recital 7
(7) The EU Recovery prospectus should include a short-form summary as a useful source of information for investors, in particular retail investors. That summary should be a self-contained partset out at the beginning of the EU Recovery prospectus and should focus on key information that would enable investors to decide which offers and admissions to trading of securities to study further by, thereafter reviewing the EU Recovery prospectus as a whole in order to take their decision.
2020/10/21
Committee: IMCO
Amendment 21 #

2020/0155(COD)

Proposal for a regulation
Recital 10
(10) Regulation (EU) 2017/1129 requires financial intermediaries to inform investors of the possibility of a supplement and, under certain circumstances, to contact investors on the same day that a supplement is published. The scope of deadline within which investors toare to be contacted, as well as the deadlinescope of investors to contact them, can raise difficulties for financial intermediaries. In order to provide relief and free up resources for financial intermediaries while maintaining a high level of investor protection, a more proportionate regime should be laid down. Such a regime should specify which investors should be contacted by financial intermediaries when a supplement is published and should extend the deadline to contact those investors.
2020/10/21
Committee: IMCO
Amendment 26 #

2020/0155(COD)

Proposal for a regulation
Recital 12
(12) The Commission should, before 21 July 2022, present a report to the European Parliament and the Council on the application of this Regulation, accompanied where appropriate by a legislative proposal. This review should incorporate in its assessment whether the disclosure regime for EU Recovery prospectuses is appropriate to meet the objectives pursued by this Regulation and if seen as appropriate, incorporate into its legislative proposal a permanent form of a prospectus which would reduce burdens on secondary issuances covered by the EU Recovery Prospectus.
2020/10/21
Committee: IMCO
Amendment 33 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2017/1129
Article 7 – paragraph 12 a – point c – point i
(i) an introduction, containing warnings and the approval date of the prospectus as laid down in paragraph 5 of this Article;
2020/10/21
Committee: IMCO
Amendment 34 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14 a – paragraph 1 – point b a (new)
(ba) offerors of securities admitted to trading on a regulated market or an SME growth market continuously for at least the last 18 months.
2020/10/21
Committee: IMCO
Amendment 36 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14 a – paragraph 2 – subparagraph 1 – point b
(b) the essential information on the sharrights attaching to the securities, the reasons for the issuance and its impact on the overall capital structure of the issuer, and the use of proceeds.
2020/10/21
Committee: IMCO
Amendment 39 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
The EU Recovery prospectus shall be a single document containing the minimum information laid down in Annex Va. It shall have a maximum length, including the summary, of 320 sides of A4-sized paper when printed and shall be presented and laid out in a way that is easy to read, using characters of readable size.
2020/10/21
Committee: IMCO
Amendment 65 #

2020/0155(COD)

Proposal for a regulation
Annex I
Regulation (EU) 2017/1129
Annex Va – section -I (new)
-I Summary The EU Recovery prospectus shall include a summary drawn up in accordance with Article 7(12a). That summary shall be included as part of the calculation of the maximum length of the EU Recovery prospectus provided for in the third subparagraph of Article 14a(2).
2020/10/21
Committee: IMCO
Amendment 66 #

2020/0155(COD)

Proposal for a regulation
Annex I
Regulation (EU) 2017/1129
Annex Va – section I – paragraph 1
The purpose is to identify the company issuing shares, including its legal entity identifier (‘LEI’), its Member State of incorporation and the website, if any, where investors can find information on the company’s business operations and the disclaimer set out in the fourth subparagraph of Section IV of this Annex, the products it makes or the services it provides, the principal markets where it competes, its organisational structure and, where applicable, information incorporated by reference.
2020/10/21
Committee: IMCO
Amendment 68 #

2020/0155(COD)

Proposal for a regulation
Annex I
Regulation (EU) 2017/1129
Annex Va – section III – paragraph 1
The purpose is to describe the most material risks that are specific to the issuer and the sharesA description of the material risks that are specific to the issuer and that may affect the issuer’s ability to fulfil its obligations under the securities, in a limited number of categories, in a section headed ‘Risk Factors’. In each category the most material risks, in the assessment of the issuer, offeror or person asking for admission to trading on a regulated market, taking into account the negative impact on the issuer and the probability of their occurrence, shall be set out first. The risk factors shall be corroborated by the content of the registration document.
2020/10/21
Committee: IMCO
Amendment 3 #

2019/2204(INI)

Motion for a resolution
Recital A
A. whereas the Defence Procurement Directive seeks to introduce fair and transparent rules for defence procurement in an effort to make it easier forto make sure that defence companies in the Member States tocan access other Member States' defence markets;
2020/11/11
Committee: IMCO
Amendment 4 #

2019/2204(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the Defence Package Directives are needed to further develop a common European security and defence culture, based on the European Union's shared values and objectives, with respect to the specific character of the security and defence policies of the Member States;
2020/11/11
Committee: IMCO
Amendment 7 #

2019/2204(INI)

Motion for a resolution
Recital E
E. whereas the EPRS study pointed out the limitedinsufficient effect of the Defence Procurement Directive on the Europeanisation of defence value chains;
2020/11/11
Committee: IMCO
Amendment 9 #

2019/2204(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas an important reason for the lack of participation of SMEs is the lack of cross-border access to supply chains; whereas, defence supply chains have a substantial national focus, which adds challenges for SMEs that wish to enter defence supply chains in other European countries; whereas, moreover, OEMs continue and limit themselves to subcontract SME's they have a pre- existing working relationship with, due to financial reasons;
2020/11/11
Committee: IMCO
Amendment 28 #

2019/2204(INI)

Motion for a resolution
Paragraph 3
3. Believes, in this regard, that the Commission should take a more proactive roleits responsibility in monitoring the exclusions used by the Member States in their awarding of contracts outside the scope of the Defence Procurement Directive, and should not be mainly reliant on received complaints filed by the industry;
2020/11/11
Committee: IMCO
Amendment 35 #

2019/2204(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Calls on the Member States to properly implement the Defence Procurement Directives and those with a large established defence industry to lead by example;
2020/11/11
Committee: IMCO
Amendment 43 #

2019/2204(INI)

Motion for a resolution
Paragraph 8
8. Observes, further, that there was a slower and lower than expected uptake of certification, and that there are still barriers to effective application of the directive, with low levels of awareness, particularly among SMEs, of the tools available under the directive, and the system used by the Member States in their export controls, in addition to the lack of harmonisation in the implementation of GTLs, which act as major barriers to the effective application of the directive; underlines the fact that an introduction of the ‘de Minimis’ rule principle, known from the Schmidt-Debré harmonisation agreement, in bilateral and/or multilateral agreements between Member States has the potential to further stimulate participation of SMEs in joint ventures and common export licenses throughout the internal market;
2020/11/11
Committee: IMCO
Amendment 50 #

2019/2204(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to further improve the directive’s implementation in individual Member States by continuing its dialogue withinsisting on national authorities in order to resolve outstanding issues;
2020/11/11
Committee: IMCO
Amendment 59 #

2019/2204(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to be boldstrong in enforcing the directives, including, where necessary, by making use of infringement proceduresby making use of their right laid down in Article 258 TFEU to start infringement procedures; asks the Commission to initiate infringement procedures instead of solely acting on complaints filed by the industry;
2020/11/11
Committee: IMCO
Amendment 64 #

2019/2204(INI)

Motion for a resolution
Paragraph 21
21. Is of the opinion that the subcontracting provisions of the directive had no or a very limited impact on the cross-border access of sub-suppliers and defence SMEs; calls on the Member States to ascertain that their internal procedures are not blocking SMEs’llow for SME cross border participation and to simplify access for companies that fall within the EU definition of SMEs for the participation in tendering processes in the fields of defence and security;
2020/11/11
Committee: IMCO
Amendment 69 #

2019/2204(INI)

Motion for a resolution
Paragraph 23
23. Considers that Member-State action could significantly improve cross-border market access for SMEs and sub-suppliers in the defence sectors, and therefore, calls on the Member States to seriously take into consideration and follow when possibleimplement the Commission recommendations as much as possible;
2020/11/11
Committee: IMCO
Amendment 70 #

2019/2204(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the Commission to improve access to finance for SMEs such as European guarantee funds;
2020/11/11
Committee: IMCO
Amendment 3 #

2019/2202(INI)

Draft opinion
Paragraph 1
1. BHighlights that Ukraine is an important geopolitical, geostrategic and trading partner for the European Union; believes that the Deep and Comprehensive Free Trade Area (DCFTA) has contributed to the positive evolution of trade and to economic modernisation, has boosted foreign direct investments and has created new jobs on both sides; welcomes the continuous positive results achieved in bilateral trade and economic relations, with the EU being Ukraine's largest trading partner and with Ukrainian imports growing by 12.3 % and exports by 9.7 %, amounting to EUR 43.3 billion in 2019;
2020/09/30
Committee: INTA
Amendment 13 #

2019/2202(INI)

Draft opinion
Paragraph 2
2. Welcomes the approval and disbursement in two parts of the fourth consecutive Macro-Financial Assistance (MFA) programme of EUR 1 billion in support to Ukraine; recalls that the MFA has been an important tool in implementing Ukraine’s ambitious reform agenda and accelerating economic growth, notably through the ‘more for more’ approach and the conditionalities attached to it; encourages Ukraine to continue making progress in regulatory approximation; highlights the importance and timeliness of the additional EUR 1.2 billion MFA to Ukraine in the context of the COVID-19 pandemic; notes that it is a crucial demonstration of the EU's solidarity at a time of unprecedented crisis;
2020/09/30
Committee: INTA
Amendment 28 #

2019/2202(INI)

Draft opinion
Paragraph 3
3. Welcomes the results achieved under the DCFTA Facility for SMEs in terms of improving access to finance and opening up trade opportunities; highlights that a proper information campaign could enable SMEs to benefit more from the opportunities offered by the DCFTA; calls on the Commission to monitor the impact of the DCFTA on SMEs; notes that the support and promotion of intra-regional trade among Eastern Partnership countries will also create new economic opportunities, including for SMEs;
2020/09/30
Committee: INTA
Amendment 34 #

2019/2202(INI)

Draft opinion
Paragraph 4
4. ANotes that poultry meat and poultry meat products are considered as sensitive items in the EU; acknowledges the solution found for the export of ‘other’ cuts of poultry by amending the trade preferences for poultry meat and poultry meat preparations and thereby closing the loophole in the agreement; calls on Ukraine to abstain from similar practices and to fully respect and implement all provisions of the DCFTA in good faith; calls on Ukraine to immediately make further progress in complying with the EU animal welfare requirements;
2020/09/30
Committee: INTA
Amendment 35 #

2019/2202(INI)

Draft opinion
Paragraph 4 a (new)
4a. Welcomes Ukraine’s reform efforts; underlines that further strengthening the rule of law, structural reforms as well as the fight against corruption are of key importance for creating a more attractive business and investment climate in Ukraine; notes that the Ukrainian civil society and NGOs play an active role in the oversight of reforms and in monitoring the implementation of the Association Agreement; calls on the Commission to prioritise support to these NGOs and civil society organisations;
2020/09/30
Committee: INTA
Amendment 40 #

2019/2202(INI)

Draft opinion
Paragraph 5 a (new)
5a. Welcomes the positive steps taken by Ukraine in digital transformation and calls on the Commission and Member States to further support Ukraine’s efforts in this field, including in e-governance and digital economy; acknowledges in this regard the new EUR 25 million EU programme supporting e-governance and the digital economy in Ukraine;
2020/09/30
Committee: INTA
Amendment 1 #

2019/2197(INI)

Motion for a resolution
Citation 1 a (new)
- having regard to the Commission Staff Working Document Report (SWD(2019)370) of 14 October 2019, accompanying the Commission’s report on the Implementation of Free trade Agreements, 1 January 2018 - 31 January 2018 (COM(2019)455),
2020/06/04
Committee: INTA
Amendment 2 #

2019/2197(INI)

Motion for a resolution
Citation 1 b (new)
- having regard to the Commission communication entitled “Trade for All: Towards a more responsible trade and investment policy;
2020/06/04
Committee: INTA
Amendment 3 #

2019/2197(INI)

Motion for a resolution
Citation 3
— having regard to the Political Guidelines for the next European Commission 2019-2024 of the President of the Commission Ms Ursula von der Leyen16 July 2019,
2020/06/04
Committee: INTA
Amendment 7 #

2019/2197(INI)

Motion for a resolution
Citation 17 a (new)
- having regard to the resolution adopted by the UN General Assembly on 25 September 2015, entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’,
2020/06/04
Committee: INTA
Amendment 9 #

2019/2197(INI)

Motion for a resolution
Citation 17 b (new)
- having regard to Articles 2 and 21 of the Treaty on European Union (TEU) and to Chapter V, Title II of the Treaty on the Functioning of the European Union (TFEU), as well as article 218 TFEU.
2020/06/04
Committee: INTA
Amendment 10 #

2019/2197(INI)

Motion for a resolution
Citation 17 c (new)
- having regard to its resolution in June 2015 on the EU strategy for equality between women and men post-2015;
2020/06/04
Committee: INTA
Amendment 11 #

2019/2197(INI)

Motion for a resolution
Citation 17 d (new)
- having regard to its own- initiative resolution on gender equality in trade agreements, March 2018;
2020/06/04
Committee: INTA
Amendment 12 #

2019/2197(INI)

Motion for a resolution
Citation 17 e (new)
- Having regard to the gender equality strategy of the European Commission in March 2020;
2020/06/04
Committee: INTA
Amendment 17 #

2019/2197(INI)

Motion for a resolution
Recital A a (new)
A a. Whereas the EU’s common commercial policy is an exclusive competence of the EU that is carried out together by the European Commission, the Council and the Parliament;
2020/06/04
Committee: INTA
Amendment 18 #

2019/2197(INI)

Motion for a resolution
Recital A b (new)
A b. Whereas the Common Commercial Policy comprises a body of trade agreements and legislative measures which aims to ensure that the EU continues to safeguard its existing social and regulatory model, while using trade policy to promote EU values around the world; whereas the EU should step up its efforts to promote fair competition, ensuring a level playing field and addressing contemporary trade issues; whereas fulfilling these objectives requires good orientation of Union trade policy and full and efficient implementation and monitoring thereof in a fairer and more transparent manner;
2020/06/04
Committee: INTA
Amendment 19 #

2019/2197(INI)

Motion for a resolution
Recital A c (new)
A c. Whereas the Union is the world’s leading commercial power and the biggest single market in the world, acting as a major driver of economic prosperity; whereas the Union is the world’s leading exporter of goods and services, sustaining more than 36 million jobs in Europe; whereas the last indicators reveal that in 2019 the EU exports on goods rose to €2.132.3 billion, which amounts to an increase of 3,5% from the previous year, being the largest exporter of agri-food products in the world; whereas despite the current global challenges the main trading partners are the US and China;
2020/06/04
Committee: INTA
Amendment 20 #

2019/2197(INI)

Motion for a resolution
Recital A d (new)
A d. Whereas the EU trade and investment policy also provides investors with market access and investment protection through legal certainty and a stable, predictable and properly regulated environment in which to conduct their economic activities;
2020/06/04
Committee: INTA
Amendment 21 #

2019/2197(INI)

Motion for a resolution
Recital A e (new)
A e. Whereas since the European Commission adopted in 2015 the Communication entitled ‘Trade for All: Towards a more responsible trade and investment policy’, the EU has concluded and started applying a number of new trade agreements.
2020/06/04
Committee: INTA
Amendment 22 #

2019/2197(INI)

Motion for a resolution
Recital A f (new)
A f. Whereas EU trade agreements should represent opportunities for growth through market access and the lifting of trade barriers; whereas it is of fundamental importance that negotiations are conducted in a spirit of reciprocity and mutual benefit, in order to tackle unfair trade practices and secure EU rules and standards; whereas the Union should continue safeguarding EU geographical indications, which are of great economic and cultural value, in multilateral and bilateral negotiations;
2020/06/04
Committee: INTA
Amendment 24 #

2019/2197(INI)

Motion for a resolution
Recital B
B. whereas recent Eurobarometer figures show that around 60 % of the EU citizens believe that the EU’s trade policy bringsy benefits for themrom international trade; whereas part of the public opinion is strongly vocal against trade policy and trade agreements; whereas the European Commission and the Member States must continue to develop a proper communication strategy on trade policy and trade agreements, which aims to tackle misconceptions, erroneous perceptions and distorted interpretations, as well as fake news on trade and to transmit as much information as possible, while targeting specific stakeholders and raising economic operators’ awareness about trade agreements;
2020/06/04
Committee: INTA
Amendment 32 #

2019/2197(INI)

Motion for a resolution
Recital B a (new)
B a. whereas the European Parliament has stressed the need for a gender perspective in EU international trade policy in 2015 and in 2018 for gender equality in trade agreements;
2020/06/04
Committee: INTA
Amendment 37 #

2019/2197(INI)

Motion for a resolution
Recital B b (new)
B b. whereas the EU has negotiated comprehensive agreements governing trade relations with nearly all of Latin America and the Caribbean, with the exception of Bolivia, Cuba and Venezuela;
2020/06/04
Committee: INTA
Amendment 52 #

2019/2197(INI)

Motion for a resolution
Paragraph 2
2. Notes that since the Commission adopted its latest trade strategy in 2015, entitled ‘Trade for All’, the EU has concluded and started applying a number of new trade agreementsdeleted
2020/06/04
Committee: INTA
Amendment 69 #

2019/2197(INI)

Motion for a resolution
Paragraph 4
4. Stresses that choices in our relationship with the two other trade superpowers, China and the USA, which represent approximately 30 % of our trade exchanges, are key when it comes to driving EU trade policy;
2020/06/04
Committee: INTA
Amendment 77 #

2019/2197(INI)

Motion for a resolution
Paragraph 5
5. Stresses that it is a critical moment for multilateralism and for the global trading system;deleted
2020/06/04
Committee: INTA
Amendment 82 #

2019/2197(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. 5. Stresses its support for an open, fair, balanced, sustainable, and valued based and multilateral trading system, considering that it has been under pressure over the last years;
2020/06/04
Committee: INTA
Amendment 85 #

2019/2197(INI)

Motion for a resolution
Paragraph 6
6. Calls for a substantive reform of the WTO, based on modernising its rule- book in order to make it more effective by providing structural and long-term solutions; encourages WTO members to reach an ambitious and balanced agreement on the long-standUnderlines the primary political and economic importance of the multilateral system and calls the international trading partners to work towards the achievement of a well- functioning dissue of fishery subsidies during the ministerial summit in Nur-Sultan, Kazakhstan and send out a clear signal that the WTOpute settlement system at the WTO, based on modernising its rule- book in order to guarantee its still able to deliver on its negotiating funceffectiveness and provide structural and long-term solutions;
2020/06/04
Committee: INTA
Amendment 101 #

2019/2197(INI)

Motion for a resolution
Paragraph 9
9. Takes note ofIs very concerned with the dramastic change in the US trade strategy over the past three years, which is focused on bilateral trade, the rise of protectionist measures and often legally questionable unilateral trade measures; takes note ofpoints out the limited progress made towards implementing the joint US-EU Statement of 25 July 2018; stresses the importance of relaunching the EU-US talks on the basis of the existing negotiating mandates adopted in April 2019 by the Council;
2020/06/04
Committee: INTA
Amendment 128 #

2019/2197(INI)

Motion for a resolution
Paragraph 12
12. Notes that China remainpresents a market of opportunities because of its size and growth, but that great challenges remain for EU businesses due to the consolidation of the state-lere are many barriers for EU businesses to access and operate in this market, due to the state-led and state- sponsored Chinese economy, where state- owned businesses benefit from exclusive or dominating market access; condemns all types of discriminatory measures facing EU companies in China and calls on the Commission to constantly monitor the persistent acts of discrimination and work with the Chinese authorities in order to put an end to such actdismantle such acts and barriers;
2020/06/04
Committee: INTA
Amendment 183 #

2019/2197(INI)

Motion for a resolution
Paragraph 19
19. NotWelcomes the progress made towards implementing the African Continental Free Trade Area (ACFTA), which aims to provide a single continental market for goods and services, with free movement of people and investments; welcomes the EU’s support in setting up the new African Union Trade Observatory; calls for continued EU support for ACFTA in line with the Africa-Europe Alliance for Sustainable Investments and Jobs;
2020/06/04
Committee: INTA
Amendment 186 #

2019/2197(INI)

Motion for a resolution
Subheading 6 a (new)
Latin America
2020/06/04
Committee: INTA
Amendment 187 #

2019/2197(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Recalls that the European Union and Latin America maintain close cooperation with each other on the basis of their historical, cultural and economic ties, with the LAC region representing the EU's fifth largest trade partner. Believes that the EU's presence in the region is fundamental in terms of both enhancing cooperation based on shared values as well as a vector for pursuing the EU's external action policy, notably in terms of strengthening the multilateral rules-based trade system;
2020/06/04
Committee: INTA
Amendment 188 #

2019/2197(INI)

Motion for a resolution
Paragraph 19 b (new)
19 b. Welcomes the conclusions of the trade negotiations with Mexico and the Mercosur countries, which have both the potential to deepen our strategic partnership with Latin America and to create additional opportunities in our trade relations with those countries; notes that such opportunities would also give EU companies access to an increasingly growing market;
2020/06/04
Committee: INTA
Amendment 189 #

2019/2197(INI)

Motion for a resolution
Paragraph 19 c (new)
19 c. Is convinced that the modernisation of the Association Agreement with Chile will serve to further boost the EU's presence in the wider region and help promote an international trade agenda based on sustainable development, stronger protection for environmental and labour standards and respect for human rights; call on the Commission to ensure the on-going negotiations deliver on these principles and an agreement can be reached in a timely manner;
2020/06/04
Committee: INTA
Amendment 190 #

2019/2197(INI)

Motion for a resolution
Paragraph 19 d (new)
19 d. Considers that the Association Agreement between the EU and Mercosur represents the first "block to block" deal of its nature, with the potential to create a free market area encompassing approximately 800 million citizens, and placing the EU in a unique position given its "first mover advantage" in an otherwise highly-protectionist market;
2020/06/04
Committee: INTA
Amendment 195 #

2019/2197(INI)

Motion for a resolution
Paragraph 21
21. Welcomes the entry into force of the EU-Singapore trade agreement of 21 November 2019; welcomes its consent on the EU-Vietnam agreement and calls for its quick implementation; notes that in 2018 the EU exported to Vietnam around 13.8€ billion worth of goods and points out that the rules-based FTAs and IPAs will ensure predictability and rule-of-law for investors, as well as positively increase exports in both ways and create stability and trust for SMEs; views these agreements as a step towards concluding an FTA with the entire Association of Southeast Asian Nations (ASEAN) region;
2020/06/04
Committee: INTA
Amendment 201 #

2019/2197(INI)

Motion for a resolution
Subheading 8 a (new)
Stresses that the European Commission and Member States must work on a better communication strategy of EU trade policy benefits and awareness-raising in order to effectively engage with society and stakeholders; recalls that roadmaps provide the opportunity for the European Commission to communicate and explain the reasons behind a particular initiative and its objectives, as well as to engage with them and receive feedback; points out that the European Commission should ensure the full transparency of roadmaps and other consultation activities to maximise their impact and guarantee the involvement of stakeholders;
2020/06/04
Committee: INTA
Amendment 216 #

2019/2197(INI)

Motion for a resolution
Paragraph 25
25. Welcomes the conclusions of the trade negotiations with Mexico and the MERCOSUR countries, which have both the potential to deepen our strategic partnership with Latin America and to create additional opportunities in our trade relations with those countries; notes that such opportunities would also give EU companies access to an increasingly growing market;deleted
2020/06/04
Committee: INTA
Amendment 239 #

2019/2197(INI)

Motion for a resolution
Paragraph 28 a (new)
28 a. Welcomes in this regard the inclusion of the Paris Agreement and its binding nature in the TSD Chapter of the EU-Mercosur Association Agreement, which represents a clear commitment with the fight against climate change, deforestation and to the multilateral approach that is needed in order to reduce global warming.
2020/06/04
Committee: INTA
Amendment 273 #

2019/2197(INI)

Motion for a resolution
Paragraph 32 a (new)
32 a. Notes that rules under EU trade agreements should be effectively enforced in order to ensure their effectiveness and address market distortions; stresses the urgency on this matter and welcomes the European Commission’s proposal to amend the Enforcement Regulation, with the aim of reinforcing the Union’s tools on compliance and enforceability of trade rules; points out that sanctions should only be used as a measure of last resort, as they have proven to be inefficient; asks the European Commission to further clarify the role of the proposed Chief Trade Enforcement Officer;
2020/06/04
Committee: INTA
Amendment 290 #

2019/2197(INI)

Motion for a resolution
Paragraph 36
36. Notes that SMEs account for approximately 30 % of the EU goods exports; supports the idea that a specific chapter on SMEs should be part of all proposed FTAs, as done in the EU-Japan agreement, and that they should be included when revising existing FTAs, as is the case of the modernised Agreement with Mexico; notes that trade barriers and bureaucracy are especially problematic for SMEs that cannot afford the extra work to overcome them;
2020/06/04
Committee: INTA
Amendment 307 #

2019/2197(INI)

Motion for a resolution
Paragraph 39 a (new)
39 a. Is convinced of the importance of including gender provisions in free trade agreements, in order to promote gender equality; insist on strengthening the economic position of women in third countries and calls on the European Commission to combat the exploitation of women;
2020/06/04
Committee: INTA
Amendment 308 #

2019/2197(INI)

Motion for a resolution
Paragraph 39 b (new)
39 b. Believes that trade agreements should become vectors for achieving gender equality and improving living standards for women across all industries covered by the EU's FTAs, especially with regards to equal pay. Notes that women receive less than two-fifths of the benefits of free trade agreements in terms of jobs generated; Insists on the need to start collecting gender-disaggregated data to formulate the provisions necessary to strengthen the position of women and to monitor the progress of women;
2020/06/04
Committee: INTA
Amendment 309 #

2019/2197(INI)

Motion for a resolution
Paragraph 39 c (new)
39 c. Welcomes the introduction of gender aspects in the modernisation of the EU-Chile Association Agreement and the recommendations on gender and trade issued by the EU-Canada Joint Committee, setting out a platform that can promote understanding on how trade agreement can contribute to gender equality.
2020/06/04
Committee: INTA
Amendment 2 #

2019/2190(INI)

Motion for a resolution
Citation 3 a (new)
- having regard to Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act),
2020/05/20
Committee: IMCO
Amendment 37 #

2019/2190(INI)

Motion for a resolution
Paragraph 1
1. Stresses that due to the COVID-19 crisis, showed it is of paramount importance for the protection of EU citizens that in all the crises that might challenge the European Union the safety of all products needed to tackle the emergencyies is the highest, especially for medical and protective equipment, including products from outside the EUsold on line and products from outside the EU; stresses the need for online platforms and online market places to take proactive measures to tackle misleading practices and disinformation regarding emergency products sold online; calls, therefore, on the Commission and Member States to strengthen their coordinated actions within the product safety framework;
2020/05/20
Committee: IMCO
Amendment 45 #

2019/2190(INI)

Motion for a resolution
Paragraph 2
2. Welcomes Regulation (EU) 2019/1020 on market surveillance but highlights that, with the exception of customs checks, it only applies to products subject to Union harmonisation legislation, while around one third of all products circulating in the EU are non-harmonised products; urges the Commission to update and establish aligned market surveillance rules, including those for for offline and online, for both harmonized and non-harmoniszed products, and make them fit for purpose in the digital age;
2020/05/20
Committee: IMCO
Amendment 52 #

2019/2190(INI)

Motion for a resolution
Paragraph 3
3. Points out the need to adapt product safety rules to the digital worldnew market realities and the imperatives of the green and digital transition; asks the Commission to address the challenges of emerging technologies such as 3D-printingartificial intelligence (AI), the internet of things (IoT) and, robotics and others in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, while avoiding duplicating legislation;
2020/05/20
Committee: IMCO
Amendment 58 #

2019/2190(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Commission to redefine the term ‘product’ as part of the revision of the GPSD in coordination with potential revision of other legislative frameworks such as the Product Liability Directive (PLD), so that it reflects the complexity of emerging technologies, including stand-alone software and software or updates which entail substantial modification to the product leading to a de facto new product;
2020/05/20
Committee: IMCO
Amendment 76 #

2019/2190(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Stresses that the Commission should screen the existing AI standards in place and consult with businesses and other stakeholders to understand which new standards are needed, should carry out a periodic assessment of the European regulatory framework related to AI in order to ensure the product safety, consumer and data protection;
2020/05/20
Committee: IMCO
Amendment 115 #

2019/2190(INI)

Motion for a resolution
Paragraph 10
10. Encourages economic operators to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure and improve safety throughout their lifecycle;
2020/05/20
Committee: IMCO
Amendment 120 #

2019/2190(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission and the Member States to enhance connectivity infrastructure, including new communication technologies, like 5G, in order to also improve the safety of connected products;
2020/05/20
Committee: IMCO
Amendment 129 #

2019/2190(INI)

Motion for a resolution
Paragraph 12
12. Is convinced that the cybersecurity of connected devices can compromise product safety, and that thiUnderlines that connected devices and interlinked services are subject to cyber-attacks and in order to improve the safety of products, cybersecurity concerns needs to be addressed in the revision of the relevant rules and recommendations;
2020/05/20
Committee: IMCO
Amendment 139 #

2019/2190(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to speed up its efforts to develop a European cybersecurity certification scheme for AI, IoT and robotics products, and to create mandatory certification schemes for consumer products that can be quickly updated to adapt to current risks without hindering innovation;
2020/05/20
Committee: IMCO
Amendment 157 #

2019/2190(INI)

Motion for a resolution
Paragraph 14
14. Encourages the Commission to cooperate with the Member States in order to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including at cross-border level and online markets, improve the efficiency and effectiveness of checks, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, and prevent their circulation in the internal market;
2020/05/20
Committee: IMCO
Amendment 169 #

2019/2190(INI)

Motion for a resolution
Paragraph 15
15. Urges Member States to set minimum sampling rates; and asks market surveillance authorities to carry out sector- specific mystery shopping, including from online shopping marketplaces, on a regular basis at least once a year, in particular for the product categories most notified on the Safety Gate (Rapex);
2020/05/20
Committee: IMCO
Amendment 173 #

2019/2190(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to swiftly adopt implementing acts in accordance with Regulation 2019/1020, and in particular Article 25 thereof, laying down benchmarks and techniques for checks on harmonised and non-harmonised products, and to include minimum requirements on scale and frequency of checks for products entering the Union market so as to ensure consistent, effective and uniform enforcement of Union law;
2020/05/20
Committee: IMCO
Amendment 190 #

2019/2190(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Asks the Commission to explore the option, that suppliers, which are established in a third country, have to designate a legal representative, established in the Union, who can beheld accountable for the selling of products, to European consumers, which do not comply with Union rules of safety;
2020/05/20
Committee: IMCO
Amendment 208 #

2019/2190(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Urges the Commission to further harmonise the methodology and criteria for assessing risks in all Member States in order to ensure a level playing field for all economic operators;
2020/05/20
Committee: IMCO
Amendment 219 #

2019/2190(INI)

Motion for a resolution
Paragraph 22
22. EncouragesNotes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, an increasing number of non-compliant sellers - especially from third countries – are offering unsafe or illegal products in the European market, therefore urges the Commission to establish regulations in order to ensure the cooperation of the online marketplaces to react as quickly as possible to notifications from Rapex, and to cooperate effectively with the Member States’ competent authorities by immediately withdrawing unsafe products, and taking measures to avoid that they reappear; asks the Commission to create guidelines for online marketplaces on how to react effectively to unsafe products;
2020/05/20
Committee: IMCO
Amendment 228 #

2019/2190(INI)

Motion for a resolution
Paragraph 23
23. Asks onlinStresses that the Commission should establish clear guide lines for the marketplaces to enhance their cooperation, consult Rapex before placing products on their websites, exchange information on sellers that break the rules, take effective measures against them and their supply chain, and develop an easily accessible tool for consumers to report unsafe products;
2020/05/20
Committee: IMCO
Amendment 256 #

2019/2190(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Stresses that the safety of products should be a priority for the Commission in updating the legislation in order to cover security risks generated by connected products and the risks to be hacked.
2020/05/20
Committee: IMCO
Amendment 271 #

2019/2190(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Acknowledges, that the success of any product or innovation stands and falls with the trust placed in its quality and safety and that the EU’s goal must be to ensure this trust, especially in an increasingly digital networked world; encourages the European Commission to further develop the established and successful quality infrastructure, consisting of metrology, standardisation, accreditation, conformity assessment and market surveillance, in consultation with all partners involved, to meet these new challenges;
2020/05/20
Committee: IMCO
Amendment 281 #

2019/2190(INI)

Motion for a resolution
Paragraph 31
31. Asks retailers, online marketplaces and consumer associations to play a greater role in recalls of unsafe products purchased online or offline by ensuring adequate information is available to consumers, asks the Commission to assess how new technologies and algorithms can make this process more effective and ensure that a larger number of affected consumers are reached;
2020/05/20
Committee: IMCO
Amendment 283 #

2019/2190(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Urges the Commission to develop legislation obliging online marketplaces, given their direct communication with consumers, to inform consumers in case they bought an unsafe or otherwise non- compliant product from their online marketplace;
2020/05/20
Committee: IMCO
Amendment 288 #

2019/2190(INI)

Motion for a resolution
Paragraph 33
33. Calls on Commission and Member States to foresee a non-burdensome feedback report on recalls by economic operators to be submitted to the market surveillance authorities in order to assess the effectiveness of the recall;
2020/05/20
Committee: IMCO
Amendment 1 #

2019/2182(INL)

Draft opinion
Recital -A (new)
-A. whereas the use of asbestos fibres and products containing these fibres added intentionally has been prohibited as from January 20051a __________________ 1aEU Regulation No 1907/2006 of the European Parliament and of the Council of 18 December 2006
2021/06/03
Committee: IMCO
Amendment 2 #

2019/2182(INL)

Draft opinion
Recital -A a (new)
-Aa. whereas Member States must ensure the complete phase-out of Asbestos fibres at the latest by 20251a __________________ 1aEU Regulation No 2016/1005 of 22 June 2016 amending Annex XVII to Regulation (EC) No 1907/2006 as regards asbestos fibres (chrysotile)
2021/06/03
Committee: IMCO
Amendment 15 #

2019/2182(INL)

Draft opinion
Recital B
B. whereas the extensive use of asbestos in constructionasbestos residues in buildings and constructions containing asbestos poses a threat to building users and occupants;
2021/06/03
Committee: IMCO
Amendment 19 #

2019/2182(INL)

Draft opinion
Recital C a (new)
Ca. whereas the removal of asbestos places a financial burden on building owners; whereas the introduction of requirements for the safe removal of asbestos must be socially fair and must be accompanied by appropriate measures to support owners to finance the needed renovations, as well as accompanying measures for SMEs conducting works;
2021/06/03
Committee: IMCO
Amendment 22 #

2019/2182(INL)

Draft opinion
Paragraph -1 (new)
-1. Welcomes the Commission’s commitment to present a legal proposal to further reduce workers exposure to asbestos in 2022;
2021/06/03
Committee: IMCO
Amendment 23 #

2019/2182(INL)

Draft opinion
Paragraph 1 – introductory part
1. Calls on the Commission to brconsider in addition bringing forward, on the basis of Article 169(3) and Article 114(1) of the Treaty on the Functioning of the European Union, a legislative proposal which introducinges a mandatory screening for the presence of asbestos in buildings before theiruilt before 2005, or the year in which the national ban on asbestos was introduced, before an initial sale or rental, and laying down minimum requirementclear harmonised standards for locating and identifying all materials containing asbestos in buildings constructed before 2005, or the year in which the national ban on asbestos was introduced,, while being socially fair and taking into consideration the owner of the buildings under the following conditions:
2021/06/03
Committee: IMCO
Amendment 28 #

2019/2182(INL)

Draft opinion
Paragraph 1 – point a
a. the screening shall consists of a diagnosis of the presence of any asbestos or the lack thereof and must be followed by actionrecommendations on what actions are needed to reduce the risk posed by any asbestos detected, including if encapsulating or total removal is necessary;
2021/06/03
Committee: IMCO
Amendment 32 #

2019/2182(INL)

Draft opinion
Paragraph 1 – point b
b. the screening shall be validated by an asbestos risk certificate detailing the areas screened and, where appropriate, the action taken, the presence or lack thereof of any asbestos and, where appropriate, by recommendations on what actions are needed to reduce the risk posed by asbestos;
2021/06/03
Committee: IMCO
Amendment 43 #

2019/2182(INL)

Draft opinion
Paragraph 1 – point e a (new)
ea. the certificate shall be valid for the lifetime of the building; the original certificate, which established the first screening for the presence of asbestos in buildings, does not have to be renewed for each sale or rental; the original certificate shall be registered in a database and no further action shall be needed; the removal of asbestos shall be a one-time event that does not change with time; each new owner shall not be required to get a new certificate.
2021/06/03
Committee: IMCO
Amendment 52 #

2019/2182(INL)

Draft opinion
Paragraph 1 a (new)
1a. Calls on Member States to develop a list of certified operators, which shall be made available by the competent national body; the certified operator shall communicate the results of the screening to the owner in a certificate, which should be reported to a competent national body (a one-stop shop).
2021/06/03
Committee: IMCO
Amendment 56 #

2019/2182(INL)

Draft opinion
Paragraph 1 b (new)
1b. Notes the additional administrative burden of such new requirements; encourages Member States to grant potential fund and financial support for owners of the buildings to undertake the significant costs induced by the screening for the presence of asbestos and avoid the risk of abandon of buildings; this could include funding for the purchase of a building by the Member States.
2021/06/03
Committee: IMCO
Amendment 61 #

2019/2182(INL)

Draft opinion
Paragraph 1 c (new)
1c. Calls on the Commission to take into account in its proposal specificities of SMEs; insists on the need to develop standardisation process to remove asbestos fibres to reduce the burden of the procedure and ease administrative burden on companies, especially for SMEs.
2021/06/03
Committee: IMCO
Amendment 64 #

2019/2182(INL)

Draft opinion
Paragraph 1 d (new)
1d. Calls Member States for accompanying measures for SMEs; insists on the need to facilitate their work on the implementation of regulations related to asbestos, notably through guidance on the best practices to implement; encourages Member States to launch awareness-raising campaigns accompanying measures for SMEs; insists that the transition toward a European Union free of asbestos should be socially fair and include support for private owners and SMEs;
2021/06/03
Committee: IMCO
Amendment 68 #

2019/2182(INL)

Draft opinion
Paragraph 1 e (new)
1e. Encourages Member States to keep a register of all recognised cases of asbestos-related occupational diseases.
2021/06/03
Committee: IMCO
Amendment 70 #

2019/2182(INL)

Draft opinion
Paragraph 1 f (new)
1f. Calls on Member States to facilitate the free of charge access of this register for owners, buyers, renters, workers and SMEs; the certificate shall be annexed to the sale agreement and shall be made available to the tenants.
2021/06/03
Committee: IMCO
Amendment 72 #

2019/2182(INL)

Draft opinion
Paragraph 1 g (new)
1g. Encourages Member States cooperate on the development of coordinated registration systems and databases and to share good practises related to asbestos issue in the single market.
2021/06/03
Committee: IMCO
Amendment 25 #

2019/2028(BUD)

Draft opinion
Paragraph 10
10. Calls on the Commission to finance all pilot projects and preparatory actions endorsed by IMCO, including to the pilot project 'Web inclusiveness: access for all'.
2019/07/25
Committee: IMCO
Amendment 5 #

2019/0142M(NLE)

Motion for a resolution
Recital G
G. whereas the US on October 18th 2019, based on the WTO arbitration decision circulated on 2 October 20198 , declared its willingness to impose, in retaliation for illegal EU subsidies granted to the aircraft manufacturer Airbus, tariffs on USD 7.5 billion worth of EU imports also of agricultural and industrial items in addition to aircraft; __________________ 8European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft: Recourse to Article 7.9 of the SCM Agreement and Article 22.7 of the DSU by the United States of 4 October 2019 (WT/DS316/42).
2019/11/12
Committee: INTA
Amendment 17 #

2019/0142M(NLE)

Motion for a resolution
Paragraph 2
2. Welcomes and acknowledges the fact that, while it remains unclear whether any compensation has been foreseen, other WTO members that export beef to the EU agreed to support this agreement by accepting that the vast majority of the quota would be allocated to the US;
2019/11/12
Committee: INTA
Amendment 28 #

2019/0142M(NLE)

Motion for a resolution
Paragraph 4
4. Supports the Commission in its efforts to and stresses the importance of finding negotiated solutions, such as this agreement, including this agreement, a fair and balanced solution for our respective aircraft industries and the revocation of the US tariffs on steel, aluminium and olives in order to dilute current trade tensions between the EU and the US; calls on the US to work with the EU in this regard;
2019/11/12
Committee: INTA
Amendment 32 #

2019/0142M(NLE)

Motion for a resolution
Paragraph 6
6. Calls on the US to work with the EU on a fair and balanced solution for our respective aircraft industries in order to prevent the mutual imposition of countermeasures as a result of the longstanding Airbus/Boeing dispute;deleted
2019/11/12
Committee: INTA
Amendment 36 #

2019/0142M(NLE)

Motion for a resolution
Paragraph 7
7. Calls on the US to revoke the additional tariffs on steel and aluminium, and olives, and to withdraw its threat to impose additional tariffs on cars and car parts;deleted
2019/11/12
Committee: INTA
Amendment 33 #

2018/0358M(NLE)

Motion for a resolution
Paragraph 2
2. Notes that the agreement will ensure a high level of investment protection and legal certainty while safeguarding the right of the Parties to regulate and pursue legitimate public policy objectives, such as public health and environmental protection; emphasises that the agreement will ensure transparency and accountability; asks the Commission to further take into account the fight against climate change and the respect of the Paris Agreement in safeguarding the right of the parties to regulate, as it has been done with CETA;
2019/11/13
Committee: INTA
Amendment 56 #

2018/0358M(NLE)

Motion for a resolution
Paragraph 10
10. Notes that the EU-Vietnam Investment Protection Agreement (EVIPA) does not contain a separate trade and sustainable development (TSD) chapter, as the latter applies to investment by virtue of the EU-Vietnam Free Trade Agreement (EUVFTA) that liberalises it; stresses that the EVIPA also contains a provision establishing a legal link to the PCA, as well as specific references in its preamble to the TSD values and principles as enshrined in the EUVFTA and to the Universal Declaration of Human Rights; points out that the provisions of the EVIPA and the EUVFTA must be implemented in a complementary manner, especially with regard to human, environmental and social rights and sustainable development;
2019/11/13
Committee: INTA
Amendment 59 #

2018/0358M(NLE)

Motion for a resolution
Paragraph 10 a (new)
10 a. Notes with concern that the Vietnamese penal code still allows for serious human rights violations, which have intensified since the entry into force of the PCA; calls on a Vietnam to revise the penal code in line with international standards and welcomes the European Union's assistance in this respects; regrets that the Commission has failed to undertake a comprehensive human rights impact assessment of the EVIPA; calls on the Commission to carry out such an assessment;
2019/11/13
Committee: INTA
Amendment 61 #

2018/0358M(NLE)

Motion for a resolution
Paragraph 10 b (new)
10 b. Points out that a new Vietnamese Cyber Security Law, that entered into force at the beginning of 2019, has attracted a lot of criticism, as an intensified crackdown on human rights activists in the country has been documented, linked to the provisions of this new law which gives the authorities licence to censor content, control information and silence online dissidents; notes with regret that the legislation also raises concerns for EU economic interests, including forced data localisation provisions which are at odds with the EU's liberalisation agenda in this respect; calls on Vietnam to revise this law in line with international standards and welcomes the European Union's assistance in this respect;
2019/11/13
Committee: INTA
Amendment 62 #

2018/0358M(NLE)

Motion for a resolution
Paragraph 10 c (new)
10 c. Underlines the need for close monitoring of the implementation of the agreement and the human rights developments in Vietnam; Calls for a joint parliamentary scrutiny board, basing itself on the monitoring Group for Vietnam in the European Parliament and its equivalent in the Vietnamese National Assembly, which will be tasked to monitor the implementation of the agreement and the human rights developments in Vietnam;
2019/11/13
Committee: INTA
Amendment 67 #

2018/0358M(NLE)

Motion for a resolution
Paragraph 13
13. ECalls on the Commission to take accompanying measures for small and medium-sized enterprises (SMEs) with this agreement in order to make it transparent and accessible; encourages the Commission to continue its work on making the ICS more accessible to small and medium-sized enterprises (SMEs);
2019/11/13
Committee: INTA
Amendment 70 #

2018/0358M(NLE)

Motion for a resolution
Paragraph 13 a (new)
13 a. Calls on both Parties to undertake to develop programmes of cooperation activities to improve capacity and conditions for women to benefit from opportunities created by the agreement, including encouraging capacity building and skills enhancement of women at work and in business, fostering women's representation in decision making and positions of authority; improving women's access to, and participation and leadership in, science, technology and innovation; conducting gender-based analysis and gender-focused statistics relating to investments;
2019/11/13
Committee: INTA
Amendment 75 #

2018/0358M(NLE)

Motion for a resolution
Paragraph 14 a (new)
14 a. Welcomes the agreement which will create more free and fair trade opportunities between the EU and Vietnam; urges the European Parliament to give it consent to the agreement, given that Vietnam takes steps to improve the civil and labour rights situation as to move in the direction of its commitments;
2019/11/13
Committee: INTA
Amendment 1 #

2018/0356M(NLE)

Motion for a resolution
Citation 5 a (new)
– having regard to the Framework Participation Agreement, signed on 17 October 2019, which will facilitate Vietnam's participation in European Union-led civilian and military crisis management operations and show strong commitment from both sides to a rules- based multilateral approach to international peace and security
2019/11/13
Committee: INTA
Amendment 19 #

2018/0356M(NLE)

Motion for a resolution
Citation 20 a (new)
– having regard to the 2019 Universal Periodic Review on Vietnam undertaken by the UN Human Rights Council
2019/11/13
Committee: INTA
Amendment 30 #

2018/0356M(NLE)

Motion for a resolution
Recital C
C. whereas 90 % of future world economic growth is predicted to be generated outside Europe, and notablya significant part of this occurs in Asia;
2019/11/13
Committee: INTA
Amendment 34 #

2018/0356M(NLE)

Motion for a resolution
Recital E
E. whereas Vietnam is a founding member of the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) and a party to the ongoingrecently concluded negotiations on the Regional Comprehensive Economic Partnership (RCEP);
2019/11/13
Committee: INTA
Amendment 40 #

2018/0356M(NLE)

Motion for a resolution
Recital H a (new)
Ha. whereas it is important to maximise the opportunities offered by this agreement in the most inclusive manner for businesses, in particular SMEs;
2019/11/13
Committee: INTA
Amendment 74 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 3
3. Stresses the economic and strategic importance of this agreement, as the EU and Vietnam share a common agenda and common values – to stimulate growth and employment, boost competitiveness, fight against poverty and make progress towards achieving the Sustainable Development Goals (SDGs); and champion a rules-based multilateral international trade system;
2019/11/13
Committee: INTA
Amendment 85 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 4
4. Is convinced that the agreement will make further strides towards setting high standards and rules in the ASEAN region, helping to pave the way for a future region-to-region trade and investment agreement; stresses that the agreement also sends a strong signal in favour of open and free trade at times of protectionist tendencies and the questioning of multilateral rules-based trade; highlights that the agreement helps the EU to strengthen its presence in the ASEAN region, and allows the EU to promote its standards and values in the region; recalls its full support to multilateralism and the importance to achieve a sustainable and ambitious reform of the WTO able to ensure a rules-based international trade;
2019/11/13
Committee: INTA
Amendment 110 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 7 a (new)
7a. Welcomes the strong SPS chapter which will set up a single and transparent procedure for the approval of EU exports of food products into Vietnam in order to accelerate the approval of EU export applications and avoid discriminatory treatment; commends Vietnam's commitment to applying the same import requirements to like products coming from all EU member states;
2019/11/13
Committee: INTA
Amendment 131 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 11
11. Underlines that the EVFTA includes a robust, comprehensive and binding chapter on Trade and Sustainable Development (TSD) dealing with labour and environmental matters; stresses that the TSD chapter is designed to contribute to broader EU policy objectives, notably on inclusive growth, the fight against climate change and more generally in upholding EU values; emphasises that it is also an instrument for development and social progress in Vietnam to support Vietnam in its efforts to improve labour rights and to enhance protection at work and protection of the environment; calls on the EU to offer its support where necessary to help Vietnam advance in this regard; stresses the importance to ensure a specific and adequate monitoring of the TSD chapter in order to see it respected and implemented;
2019/11/13
Committee: INTA
Amendment 134 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 11 a (new)
11a. Points out that a new Vietnamese Cyber Security Law, that entered into force at the beginning of 2019, has attracted a lot of criticism, as an intensified crackdown on human rights activists in the country has been documented, linked to the provisions of this new law which gives the authorities licence to censor content, control information and silence online dissidents; notes with regret that the legislation also raises concerns for EU economic interests, including forced data localisation provisions which are at odds with the EU's liberalisation agenda in this respect; calls on Vietnam to revise this law in line with international standards and welcomes the European Union's assistance in this respect;
2019/11/13
Committee: INTA
Amendment 140 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 11 b (new)
11b. Notes with concern that the Vietnamese penal code still allows for serious human rights violations, which have intensified since the entry into force of the PCA; calls on a Vietnam to revise the penal code in line with international standards and welcomes the European Union's assistance in this respects; regrets that the Commission has failed to undertake a comprehensive human rights impact assessment of the FTA; calls on the Commission to carry out such an assessment;
2019/11/13
Committee: INTA
Amendment 158 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 13 a (new)
13a. Welcomes the envisaged cooperation on the trade/related aspects of the ILO Decent Work Agenda, in particular the inter-linkage between trade and full and productive employment for all, including youth, women and people with disabilities; calls for a swift and meaningful start of this cooperation;
2019/11/13
Committee: INTA
Amendment 167 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 14
14. Welcomes the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change, and to act in favour of the conservation and sustainable management of wildlife, biodiversity and forestry; recalls that the Agreement provides for specific measures to fight against Illegal, Unreported and Unregulated fishing (IUU) and to promote a sustainable and responsible fishery sector, including aquaculture; stresses that it is crucial for the EU and Vietnam to ensure full respect and implementation of the Paris Agreement, notably through the EVFTA;
2019/11/13
Committee: INTA
Amendment 182 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 16
16. Underlines the crucial importance of effectively implementing all provisions and chapters of the agreement, ranging from market access to sustainable development and enforcement of all commitments; considers that all of the TSD provisions should be read as providing for legal obligations in international law; highlights in this context the new post of Chief Trade Enforcement Officer, who will work directly under the guidance of the Trade Commissioner; underlines that European companies, especially SMEs, should be encouraged to make full use of the benefits of the agreement and that any hurdle regarding the implementation should be remediated immediately;
2019/11/13
Committee: INTA
Amendment 189 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 17
17. Calls for enhanced monitoring of the agreement and efforts to ensure that shortcomings are addressed rapidly with our trading partner; calls for specific technical assistance in order to help Vietnam implement some of their commitments via projects and expertise, notably linked to environmental and labour provisions;
2019/11/13
Committee: INTA
Amendment 191 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 18
18. Stresses that the involvement of civil society in monitoring the implementation of the agreement is crucial, and calls for the swift establishment of domestic advisory groups following the entry into force of the agreement and for the balanced representation of civil society therein; notes with concern that the Vietnamese independent civil society has been harshly repressed and largely operates underground for fear of persecution and retaliation; encourages the EU institutions to support the independent civil society in Vietnam; calls on appropriate measures to be put in place to ensure that advisory groups can exercise their mandate independently, impartially, thoroughly and safely;
2019/11/13
Committee: INTA
Amendment 200 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on both Parties to undertake to develop programmes of cooperation activities to improve capacity and conditions for women to benefit from opportunities created by the agreement, including encouraging capacity building and skills enhancement of women at work and in business, fostering women's representation in decision making and positions of authority; improving women's access to, and participation and leadership in, science, technology and innovation; conducting gender-based analysis and gender-focused statistics relating to trade;
2019/11/13
Committee: INTA
Amendment 202 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 18 b (new)
18b. Underlines the need for close monitoring of the implementation of the agreement and the human rights developments in Vietnam; Calls for a joint parliamentary scrutiny board, basing itself on the monitoring Group for Vietnam in the European Parliament and its equivalent in the Vietnamese National Assembly, which will be tasked to monitor the implementation of the agreement and the human rights developments in Vietnam;
2019/11/13
Committee: INTA
Amendment 210 #

2018/0356M(NLE)

Motion for a resolution
Paragraph 19 a (new)
19a. Welcomes the agreement, which will create more free and fair trade opportunities between the EU and Vietnam; urges the European Parliament to give it consent to the agreement, given that Vietnam takes steps to improve the civil and labour rights situation as to move in the direction of its commitments;
2019/11/13
Committee: INTA